United States v. Abernathy, No. 16-5314 (6th Cir. 2016)
Annotate this CaseNashville Detectives travelled to the residence where Abernathy lived with his girlfriend, searched the outdoor trash cans, and found: “Marijuana roaches with Marijuana residue inside;” “Several plastic vacuumed packed heat sealed bags consistent to those used to package marijuana for resale containing marijuana residue with T22 markings;” “USPS certified mail receipts addressed to Jimmy Jail Abernathy 5809 Tru Long Ct. Antioch TN;” and mail belonging to Abernathy’s girlfriend. Detective Particelli applied for a warrant, stating in his affidavit: I have received information that the occupants of 5809 Tru Long ... have been and are currently engaging in illegal drug activity. The search revealed large quantities of cash, marijuana, cocaine, and firearms. After the court denied a motion to suppress, Abernathy entered a conditional guilty plea to two counts of possession with intent to distribute a controlled substance, 21 U.S.C. 841(a)(1); possession of a firearm in furtherance of a drug trafficking offense, 18 U.S.C. 924(c) and possessing a firearm as a convicted felon, 18 U.S.C. 922(g)(1). The Sixth Circuit reversed denial of the motion to suppress and vacated Abernathy’s conviction. The trial court found Particelli’s statement that he had “received information” false; marijuana roaches and T2-laced plastic bags recovered from the garbage were insufficient to create a fair probability that drugs would be found in Abernathy’s home.
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