United States v. Dwight Bullard, 659 F. App'x 288

Detective Leanza used a confidential source (CS) who conducted four controlled buys of heroin from Dwight Bullard in Sept–Oct 2014; purchased substances tested positive for heroin.
Surveillance and vehicle-location data tied Bullard’s black Ford Fusion to 27700 Bishop Park Drive (the Bishop Park apartment complex) on multiple dates; Bullard was observed exiting a specific apartment, locking the door with a key, then traveling directly to locations where controlled buys occurred.
Officers observed one sale where Bullard sold heroin without entering another residence and another where he met at a Lansing Avenue house; CS and vehicle were repeatedly searched and outfitted with audio/video.
A state court issued a search warrant for the Bishop Park apartment on Oct 24, 2014; police executed it on Oct 28, 2014, after arresting Bullard. Officers found heroin on Bullard and in an apartment safe (combination provided by Bullard).
Bullard moved to suppress the evidence, alleging the warrant lacked probable cause; the district court denied suppression (also noted Leon good-faith), Bullard pled guilty and appealed the suppression denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the affidavit supported probable cause to search the Bishop Park apartment	Affidavit lacked nexus tying drug activity to the Bishop Park apartment; therefore no probable cause	Affidavit contained observations connecting Bullard’s presence/egress from the apartment to drug sales and vehicle-location data establishing a link	Court affirmed denial of suppression — concluded good-faith exception applies; concurrence found probable cause independently satisfied
Whether Leon good-faith exception applies when warrant may be deficient	Leon inapplicable because affidavit failed to show nexus; officers should not rely on the warrant	Leon applies unless affidavit was so lacking in indicia of probable cause that belief was unreasonable; here there was at least a "modicum" linking apartment to crimes	Court held Leon’s good-faith exception applies because affidavit supplied a sufficient nexus (objective reasonableness)

Leon v. United States, 468 U.S. 897 (Sup. Ct. 1984) (establishes good-faith exception to exclusionary rule)
Illinois v. Gates, 462 U.S. 213 (Sup. Ct. 1983) (probable-cause standard for warrants: 'fair probability')
United States v. Carpenter, 360 F.3d 591 (6th Cir. 2004) (review standard: issuing judge must have substantial basis for probable cause)
United States v. Laughton, 409 F.3d 744 (6th Cir. 2005) (discusses limits of good-faith inquiry and affidavit four-corners rule)
United States v. Washington, 380 F.3d 236 (6th Cir. 2004) (good-faith may apply even if affidavit insufficient for probable cause)
United States v. Van Shutters, 163 F.3d 331 (6th Cir. 1998) (applied Leon where nexus evidence was minimal but sufficient for good-faith)
United States v. Warren, [citation="365 F. App'x 635"] (6th Cir. 2010) (applied good-faith where defendant was observed leaving residence immediately before a drug sale)