United States v. Francisco Rodriguez
16-3233
| 6th Cir. | Nov 9, 2017Background
- Rodriguez pled guilty (conditionally) to drug conspiracy and possession of 14.5 kg of cocaine but reserved the right to appeal denial of his suppression motion.
- Two search warrants (2009 federal; 2011 state) based on DEA Agent Apple’s affidavits led to seizure of cocaine and ~$19,000 from Rodriguez’s residence.
- Investigation linked co-conspirator Moises Razo to repeated cocaine sales, with surveillance showing Razo traveling to and from Rodriguez’s home before and after transactions.
- Affidavits described controlled buys (Nov 20 and Dec 2, 2008) and a failed purchase (Dec 16, 2008) where Razo went to Rodriguez’s home and returned empty‑handed, suggesting the home was a supply source.
- The 2011 affidavit added recent January 2011 sales surveillance and observed storage buildings on Rodriguez’s property that could conceal frozen cocaine in winter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether affidavits established probable cause linking residence to drug evidence | Affidavits lacked sufficient nexus between Razo’s trafficking and Rodriguez’s home | Affidavits showed repeated temporal and physical links tying Razo’s sales to Rodriguez’s residence | Affidavits provided a fair probability that evidence would be at Rodriguez’s home; probable cause established |
| Whether affidavit information was stale | Old information undermines nexus and probable cause | Drug trafficking was ongoing; recent acts and pattern made staleness irrelevant | Not stale: ongoing/continuous activity and recent 2011 events supported warrant validity |
Key Cases Cited
- United States v. Frazier, 423 F.3d 526 (6th Cir. 2005) (standard of review for warrant probable cause)
- United States v. Allen, 211 F.3d 970 (6th Cir. 2000) (deference to issuing magistrate)
- United States v. Weaver, 99 F.3d 1372 (6th Cir. 1996) (appellate review of district court suppression rulings)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances test; fair probability standard)
- United States v. Carpenter, 360 F.3d 591 (6th Cir. 2004) (need for specific nexus between place and evidence)
- United States v. Brown, 828 F.3d 375 (6th Cir. 2016) (limitations on nexus when link to residence is weak)
- United States v. Hython, 443 F.3d 480 (6th Cir. 2006) (staleness and ongoing criminal activity exceptions)
- United States v. Heath, 259 F.3d 522 (6th Cir. 2001) (viewing evidence in light most favorable to district court decision)
Affirmed: the district court’s denial of suppression; warrants upheld.