307 F. Supp. 3d 676
E.D. Mich.2018Background
- July 16, 2017: state court issued search warrants for a Jeep Grand Cherokee (driven by Myles) and 3320 Spinnaker Lane, Apt. 6A (Myles’ girlfriend Cooper’s current rental). Evidence seized would be used against Lucian Myles for drug and weapons offenses.
- Affidavit by DEA TFO Brian Tillman relied on multiple confidential informants (CS1–CS5 and paid informants), social‑media photos, toll records, tax/criminal history, and a GPS tracker placed on the Jeep.
- Key allegations: CS1 and others identified Myles as a drug trafficker; an Instagram photo showed bottles of codeine syrup, cash, and jewelry tied to Myles’ phone number; CS5 (arrested in Ohio) was allegedly Myles’ money courier and found with $14,000 and a video with Myles in a Jeep; toll and tracker data showed contacts and vehicle locations near suspected traffickers.
- Affidavit also noted Myles’ low reported income and a prior 2010 drug conviction; Tillman opined Cooper was a renter nominee for Myles but provided no direct factual basis for that assertion.
- Court found the affidavit lacked specific, reliable facts tying contraband or proceeds to the Harbor Town apartment or the Jeep (nexus) and contained stale or speculative information.
- Procedural posture: Myles moved to suppress; the district court granted the motion, rejecting the government’s probable cause showing and declining to apply the good‑faith exception.
Issues
| Issue | Plaintiff's Argument (Government) | Defendant's Argument (Myles) | Held |
|---|---|---|---|
| Probable cause / nexus to search apartment | Affidavit showed Myles was a large‑scale trafficker; social‑media photos, informant IDs, toll records, and lifestyle inconsistencies supported an inference that contraband/receipts would be at the residence | No direct evidence linking current Harbor Town apartment to drug activity; informant sightings and photos tied to a prior residence or unidentified locations | No probable cause; affidavit failed to establish a sufficient nexus to the apartment |
| Probable cause / nexus to search Jeep Grand Cherokee | Tracker activity near suspects, video of Myles in the Jeep, and courier relationship supported inference that vehicle contained contraband/proceeds | No evidence Jeep had a hidden compartment or was used for trafficking; CS1’s report about a different vehicle’s secret compartment not tied to the Jeep | No probable cause; affidavit did not connect the Jeep to trafficking |
| Staleness of information | Some past sightings and photos corroborate ongoing activity and support inference of current possession | Photographs and CS3’s observation dated months earlier and some information concerned a prior apartment, making it stale | Certain allegations were stale and could not support probable cause |
| Good‑faith exception to exclusionary rule | Magistrate had substantial basis; officers reasonably relied on the warrant | Affidavit was so lacking in nexus and contemporaneous facts that reliance was entirely unreasonable | Good‑faith exception does not apply; suppression warranted |
Key Cases Cited
- United States v. Carpenter, 360 F.3d 591 (6th Cir.) (nexus and good‑faith standards for search warrants)
- United States v. Brown, 828 F.3d 375 (6th Cir.) (status as dealer insufficient; need reliable facts connecting residence to trafficking)
- United States v. Williams, 544 F.3d 683 (6th Cir.) (courts may infer dealer keeps instruments/fruits at residence where recent corroborating evidence exists)
- United States v. Frazier, 423 F.3d 526 (6th Cir.) (nexus requirement between place and evidence)
- United States v. Frechette, 583 F.3d 374 (6th Cir.) (staleness doctrine for drug investigations)
- United States v. Leon, 468 U.S. 897 (U.S.) (good‑faith exception to exclusionary rule)
- United States v. Davidson, 936 F.2d 856 (6th Cir.) (probable cause standard)
- United States v. Loggins, 777 F.2d 336 (6th Cir.) (probable cause standard)