141 F.4th 734
6th Cir.2025Background
- Malgum Whiteside was charged with being a felon in possession of firearms after police found guns during a lawful search for evidence related to aggravated stalking and related offenses.
- The search was conducted under a warrant obtained by Detective Mathews, supported by an affidavit detailing Whiteside's ongoing threats and past criminal behavior involving the distribution of explicit images.
- The warrant affidavit was reviewed and verbally approved by Judge Valvo, but she only signed the first page of the affidavit and not the warrant itself.
- The firearms, not listed in the warrant, were seized by officers during the search, who knew Whiteside was a felon.
- Whiteside moved to suppress the firearms, arguing both that the warrant was not supported by probable cause (insufficient nexus to his residence) and that the unsigned warrant was constitutionally invalid.
- The district court denied the motion to suppress; Whiteside pleaded guilty while preserving the suppression issue for appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Nexus/Probable Cause | Affidavit failed to show a nexus between alleged crime and home | Affidavit supported inference evidence would be at residence | Nexus was sufficient; probable cause requirement met |
| Validity of Unsigned Warrant | Warrant not "issued" without judge's signature | Signature not required under Fourth Amendment if approval is clear | Warrant valid; signature not per se constitutionally required |
| Scope—Firearms Outside Warrant | Firearms not within warrant’s scope; plain-view exception inapplicable | Plain-view doctrine justified the seizure of firearms | Firearms properly seized under plain-view exception |
| Residence Identification | Affidavit didn’t explicitly state Harwick apartment was home | Commonsense inference allowed from facts in affidavit | Inference sufficient; residence linkage was adequate |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (1983) (establishes the totality-of-the-circumstances approach for probable cause in warrant affidavits)
- Dalia v. United States, 441 U.S. 238 (1979) (sets out warrant requirements: probable cause, neutral magistrate, particularity)
- United States v. Williams, 544 F.3d 683 (6th Cir. 2008) (reasonable to infer evidence of ongoing criminal activity will be found at suspect’s home)
- United States v. Brown, 828 F.3d 375 (6th Cir. 2016) (nexus requirement not met where affidavit did not tie place to be searched to crime)
- Horton v. California, 496 U.S. 128 (1990) (plain-view doctrine requirements: lawful vantage, incriminating character apparent, lawful access)
- Texas v. Brown, 460 U.S. 730 (1983) (plain view test: probable cause to believe the item is contraband)
- Brinegar v. United States, 338 U.S. 160 (1949) (probable cause based on all facts known to officers at search time)
- Carroll v. United States, 267 U.S. 132 (1925) (officer's reasoning from previously gathered facts may establish probable cause)