United States v. Jeffrey Burney, 778 F.3d 536

Montgomery County task force investigated Dion Ross for drug trafficking and money laundering; Brown-Jennings suspected as Ross’s front.
Litchfield Avenue property title held by Brown-Jennings, utilities in her name, house appeared unoccupied for months.
Ross visited Litchfield residence, delivered cocaine to a confidential informant from there.
Burney began listing Litchfield as his residence while on parole for crack possession and had a truck registered there.
After an 8+ month investigation, magistrate issued a 17-page warrant affidavit linking the property to Ross’s operation; warrant issued.
Police searched Litchfield property; Burney found, firearms and crack cocaine recovered; Burney indicted for felon in possession and distribution.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Probable cause to search the Litchfield property	Burney; lacks link to Ross; residence change defeats nexus	Burney was not the focus; property tied to Ross’s stash house; probable cause exists	Probable cause established; warrant valid
Staleness of information linking the property to drug activity	Information relied on dates long past; stale evidence	Prolonged operation and ongoing stash-house use keep evidence non-stale	Evidence not stale; four-factor test supports timeliness
Effect of Burney’s later residence on probable cause	Burney’s occupancy signals change in control; undermines warrant	Ross’s operation continued to connect property to evidence; occupancy did not erase nexus	Probable cause remains; Burney’s residency did not defeat nexus
Good-faith exception applicability	Not necessary; probable cause lacking if warrant invalid	Leon good-faith may apply if warrant facially valid	Not necessary to decide; warrant upheld for probable cause

Illinois v. Gates, 462 U.S. 213 (1983) (probable cause requires fair probability, practical considerations)
Zurcher v. Stanford Daily, 436 U.S. 547 (1978) (focus on justification for entry to seize evidence at location)
United States v. Frechette, 583 F.3d 374 (6th Cir. 2009) (staleness factors in probable cause analysis)
United States v. Brooks, 594 F.3d 488 (6th Cir. 2010) (freshness of narcotics evidence; distinctions when seeking stash-house evidence)
Kaley v. United States, 134 S. Ct. 1090 (2014) (probable cause standard is a fair probability standard, not high bar)
United States v. Carpenter, 360 F.3d 591 (6th Cir. 2004) (nexus between place searched and evidence sought; en banc discussion)
Hython, 443 F.3d 480 (6th Cir. 2006) (need for current information after change of possession for warrants)
United States v. Jackson, 470 F.3d 299 (6th Cir. 2006) (magistrate deference in probable cause assessment)
United States v. Williams, 480 F.2d 1204 (6th Cir. 1973) (timeliness considerations in staleness analysis)
United States v. Greene, 250 F.3d 471 (6th Cir. 2001) (deference to magistrate’s probable cause assessment)