529 F. App'x 482
6th Cir.2013Background
- Memphis Police received an anonymous command complaint that drugs were sold at 2147 Turner Avenue.
- Detective Edwards surveilled the residence Sept. 24, 2009, observing several brief visits.
- Officers stopped a departing vehicle; Sanders had 2.2 grams of marijuana.
- Affidavit sought a search warrant; residence searched Sept. 28, 2009, yielding weapons, marijuana, packaging, cash.
- Buffer charged with felon-in-possession of firearms, sawed-off shotgun possession, and marijuana with intent to distribute; he moved to suppress.
- District court denied suppression; Buffer pled guilty to two counts and appealed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was probable cause for the search warrant | Buffer; Edwards corroboration insufficient | Buffer; sufficient nexus between tip and residence | Probable cause lacking; warrant invalid |
| Whether the good-faith exception applies | Buffer; no nexus for good faith | Buffer; good-faith reliance possible despite weak probable cause | Good-faith exception inapplicable; suppression required |
Key Cases Cited
- United States v. Gates, 462 U.S. 213 (Supreme Court 1983) (totality of the circumstances standard for probable cause)
- United States v. Leake, 998 F.2d 1359 (6th Cir. 1993) (probable cause review; de novo for legal conclusions)
- United States v. Beals, 698 F.3d 248 (6th Cir. 2012) (anonymous tip corroboration standards)
- United States v. Leon, 468 U.S. 897 (Supreme Court 1984) (good-faith exception; case-by-case basis)
- United States v. Carpenter, 360 F.3d 591 (6th Cir. 2004) (nexus requirement for good-faith reliance)
- United States v. McPhearson, 469 F.3d 518 (6th Cir. 2006) (lack of nexus; no good-faith reliance)