Good-Faith Suspicions
Today, a look at the Sixth Circuit's March 11 decision in United States v. Gilbert. (Your blogger has a bit more familiarity with this case than might be typical--he was counsel for the defendant on appeal.)
Gilbert sought to suppress evidence found when police searched his house, arguing that the warrant lacked probable cause and the good-faith exception did not apply--and more specifically, that even if there was some evidence that Gilbert sold drugs, there wasn't a sufficient "nexus" between drug trafficking and his home.
The Sixth Circuit moved directly to the good-faith exception, concluding that the exception applied. It relied on three sets of allegations in the search-warrant affidavit:
(1) "Gilbert had previously been convicted of drug trafficking and possession;"
(2) "Gilbert was party to a large drug transaction on August 27, 2016, and possessed 'a large quantity of cash' in his vehicle about two weeks later;" and
(3) "[L]a…
Gilbert sought to suppress evidence found when police searched his house, arguing that the warrant lacked probable cause and the good-faith exception did not apply--and more specifically, that even if there was some evidence that Gilbert sold drugs, there wasn't a sufficient "nexus" between drug trafficking and his home.
The Sixth Circuit moved directly to the good-faith exception, concluding that the exception applied. It relied on three sets of allegations in the search-warrant affidavit:
(1) "Gilbert had previously been convicted of drug trafficking and possession;"
(2) "Gilbert was party to a large drug transaction on August 27, 2016, and possessed 'a large quantity of cash' in his vehicle about two weeks later;" and
(3) "[L]a…
