United States v. Tyrone Gilbert, 952 F.3d 759

Detective Yasenchack observed a suspected drug transaction involving Lenell Williams entering and exiting a Jeep registered to Tyrone Gilbert; Williams was later stopped and found with nearly half a pound of cocaine.
About two weeks later Yasenchack stopped Gilbert, smelled marijuana, and seized a large quantity of cash; Yasenchack knew Gilbert had prior drug- and weapon-related convictions.
Over months Yasenchack surveilled Gilbert and conducted multiple trash pulls from Gilbert’s residences; a June 2017 trash pull recovered a large vacuum-sealed bag containing suspected marijuana "crumbs."
Yasenchack swore an affidavit recounting the above facts and other training/experience; a state judge issued a warrant to search Gilbert’s Yellowstone Road home.
The executed search recovered nearly four kilograms of heroin (some fentanyl-laced), a handgun, ~ $119,000 in cash, and drug indicia; Gilbert moved to suppress, claiming the warrant lacked probable cause and was ‘‘bare bones’’ and also raised a Franks challenge.
The district court held a Franks hearing, denied suppression; Gilbert pleaded guilty preserving the suppression appeal, and the Sixth Circuit affirmed on the ground that the Leon good-faith exception applied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Probable cause/nexus between alleged drug activity and home	Government: affidavit contained verifiable facts (observed transaction, cash in car, trash pull with suspected marijuana, prior convictions) creating a minimal nexus	Gilbert: affidavit lacked sufficient nexus and probable cause; was based on suspicion	Held: Affidavit included enough verifiable facts to show a minimal nexus; not bare-bones
Bare‑bones affidavit / objectively unreasonable reliance (Leon)	Government: officer reasonably relied on magistrate; affidavit was not so lacking that reliance was unreasonable	Gilbert: affidavit was ‘‘so lacking’’ that no reasonable officer would rely on it	Held: Under Leon, a reasonably well‑trained officer would not know to disregard the magistrate; good‑faith exception applies
Franks challenge (false statements/reckless omissions)	Government: district court found no Franks violation after hearing	Gilbert: alleged falsehoods and reckless misrepresentations in affidavit	Held: District court denied Franks relief; Gilbert did not appeal the Franks ruling
Legality of trash search	Government: Greenwood controls—no reasonable expectation of privacy in garbage set out for collection	Gilbert: municipal anti-rummaging ordinance made trash search unlawful	Held: Greenwood governs; municipal ordinance does not create Fourth Amendment protection

United States v. Leon, 468 U.S. 897 (1984) (established good‑faith exception to exclusionary rule)
Franks v. Delaware, 438 U.S. 154 (1978) (standard for attacking affidavit truthfulness)
California v. Greenwood, 486 U.S. 35 (1988) (no reasonable expectation of privacy in trash left for collection)
United States v. Christian, 925 F.3d 305 (6th Cir. 2019) (clarifies difference between bare‑bones and probable‑cause standards)
United States v. White, 874 F.3d 490 (6th Cir. 2017) (Leon/bare‑bones analysis described)
United States v. McPhearson, 469 F.3d 518 (6th Cir. 2006) (example of a bare‑bones affidavit lacking nexus)
United States v. Abernathy, 843 F.3d 243 (6th Cir. 2016) (trash‑pull evidence can help establish probable cause)
Davis v. United States, 564 U.S. 229 (2011) (good‑faith reliance and limits on exclusionary rule)
Nathanson v. United States, 290 U.S. 41 (1933) (prototypical conclusory affidavit)
Aguilar v. Texas, 378 U.S. 108 (1964) (prototypical conclusory affidavit)