On Monday, the Sixth Circuit issued a opinions in United
States v. White and United
States v. Mathews.
In White,
the Court reversed the granting of a
suppression motion. The district court had found the search warrant affidavit
lacked probable cause because there was little evidence contraband would be
found inside the home. The facts are simple. And sparse. An undercover agent twice
approached Jared Conkle, a suspected drug dealer, and requested to purchase
cocaine. On both occasions the undercover agent observed Conkle, after the
request to purchase cocaine was made, enter White’s home, and return to the
agent to complete the drug transaction. The Sixth Circuit found “Conkle’s visit
to White’s house between the offer and sale raised a ‘common-sense’ inference
and a ‘fair probability’ that he obtained drugs from White’s house.” No further evidence was needed to find probable cause that drugs would be found inside White's home.
White also attempted to challenge the no-knock entry portion of the warrant under the Fourth Amendment. The Sixth Circuit concluded that even if “the police violated the knock-and-announce rule, suppression is not the appropriate remedy.” Instead, the remedy lies in an action under § 1983.
In Mathews,
the Sixth Circuit affirmed a denial of a motion for compassionate release, finding
the district court did not abuse its discretion in concluding the 3553(a) factors
did not support relief. While the holding in this
case is not particularly noteworthy, other
parts of the opinion are. Judge Moore, in portion of the opinion not joined by
Judges Rodgers or Readler, provides background and statistical data of
COVID-19. Judge Readler, in a concurring opinion, questions her reliance on
such statistics. Judge Moore responds in a nearly page-long footnote. This
footnote is worth a read. See also https://lawandcrime.com/awkward/absolutely-savage-clinton-appointed-circuit-calls-out-judge-trump-appointed-colleague-in-near-full-page-footnote/
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