United States v. Ricky Brown
828 F.3d 375
| 6th Cir. | 2016Background
- DEA arrested Ricky Brown and two others after a controlled purchase/traffic stops involving alleged heroin on March 8–9, 2011; Brown was a passenger in a Yukon and booked with $4,813 and a Moross Road Detroit address.
- Agents obtained and executed three warrants: (1) same-night state warrant for Middleton’s home (result: ~90g suspected heroin), (2) warrant eight days later to search four cell phones, and (3) a federal warrant 22 days after arrest to search Brown’s Moross Road residence (result: firearms, ~60g marijuana, $5,805, a digital scale, vehicle title, and a handwritten "drug ledger").
- Affidavit for Brown’s residence relied on: Brown’s presence in the stopped vehicle, two cell numbers in the vehicle apparently linked to Brown, a cryptic text on one phone (allegedly price slang), a canine alert on a different Yukon registered to Brown, Brown’s cash, and a 1999 marijuana-conspiracy conviction.
- The district court denied Brown’s suppression motion on the affidavit’s four corners and applied the Leon good-faith exception; no evidentiary hearing was held.
- At trial Brown was acquitted of heroin charges (based on the sting) but convicted of possession with intent to distribute marijuana and firearm offenses (based largely on items seized from his home). Sentence: 117 months.
- Sixth Circuit: held the affidavit failed to establish the required nexus between the alleged drug trafficking and Brown’s residence; the good-faith exception did not rescue the warrant; convictions based on suppressed evidence were vacated and remanded for a new trial.
Issues
| Issue | Brown's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether the affidavit established probable cause to search Brown’s home | Affidavit lacked facts connecting Brown’s residence to drug activity; mere association with arrested vehicle and old conviction insufficient | Magistrate could infer evidence at home because Brown was linked to drug activity and his vehicle was registered to the Moross address | Affidavit did not establish the requisite nexus; warrant lacked probable cause (reversed) |
| Whether the Leon good-faith exception applies | Reliance on the warrant was unreasonable because the affidavit was so lacking in indicia of probable cause | Officers objectively relied on a judicially issued warrant; good-faith should apply | Good-faith exception does not apply; affidavit was so deficient that belief in its validity was unreasonable |
| Evidentiary rulings (admission of drug ledger; exclusion of medical marijuana license) | Admission of ledger and exclusion of license were erroneous | Trial court rulings were proper | Court declined to reach these issues because the ledger and license stemmed from the illegal search; suppression ruling disposes the appeal |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (totality-of-the-circumstances test for probable cause)
- United States v. Leon, 468 U.S. 897 (good-faith exception to exclusionary rule)
- United States v. Carpenter, 360 F.3d 591 (6th Cir. en banc) (nexus requirement between place searched and evidence)
- United States v. Jones, 159 F.3d 969 (6th Cir.) (status as drug dealer plus corroborating activity can support inference evidence at home)
- United States v. Frazier, 423 F.3d 526 (6th Cir.) (status alone insufficient; reliability and connection to residence required)
- Kyllo v. United States, 533 U.S. 27 (home search protections emphasized)
- Illinois v. Krull, 480 U.S. 340 (exclusionary-rule principles)