89 F. Supp. 3d 915
E.D. Ky.2015Background
- Victim Aaron Adkins was killed inside Charles Wilhere’s residence on May 26, 2014; deputies found signs of an altercation and detained Wilhere.
- A first warrant (describing a “shooting”) was executed; officers observed a large gun safe in the home.
- Two days later Detective Kelley obtained a second warrant authorizing DNA buccal swab, dental impressions, and authorization to open and inventory the large safe; the affidavit linked bite marks on the victim to a need for DNA/dental comparison but gave no facts tying the safe to the crime.
- Officers searched the safe under the second warrant and seized firearms; ATF review found two unregistered firearms, leading to indictment under 26 U.S.C. § 5861(d).
- Defendant moved to suppress the evidence from the safe. The district court found the affidavit lacked any nexus between the safe and evidence of the crime and granted the motion to suppress.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the affidavit established probable cause to search the gun safe | Warrant supported by affidavit; victim killed in home and officers had investigatory facts suggesting relevance | Affidavit contained no factual nexus tying the safe to the crime—only conclusory statement that the safe contained evidence | The affidavit failed to establish probable cause for the safe; search unconstitutional |
| Whether Leon good-faith exception saves the search | Detective Kelley reasonably relied on a judge-signed warrant; additional facts known to officer made reliance objectively reasonable | Affidavit was "bare bones" for the safe; reliance was objectively unreasonable so Leon does not apply | Leon exception rejected: affidavit was so lacking that good-faith reliance by a reasonable officer was not objectively reasonable |
Key Cases Cited
- United States v. Laughton, 409 F.3d 744 (6th Cir. 2005) (probable-cause nexus and four-corners review)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances test for probable cause)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to exclusionary rule)
- United States v. McPhearson, 469 F.3d 518 (6th Cir. 2006) (limits on Leon where affidavit is ‘‘bare bones’’)
- United States v. Kinison, 710 F.3d 678 (6th Cir. 2013) (contrast case where affidavit supplied nexus via detailed facts)
- United States v. Carpenter, 360 F.3d 591 (6th Cir. 2004) (affidavit must indicate why evidence will be found in a particular place)
- United States v. Gardiner, 463 F.3d 445 (6th Cir. 2006) (requirement of nexus between place and evidence)