United States v. Archibald, No. 11-5488 (6th Cir. 2012)
Annotate this CaseA woman, who had worked as an informant in the past, was arrested for solicitation or prostitution and agreed to cooperate as a confidential informant in a controlled buy of crack cocaine. After the controlled buy, officers obtained a warrant and searched an apartment at which defendants were present. Officers discovered crack cocaine on Jenkins, a large amount of cash on Archibald, and a loaded pistol and a substantial piece of crack in the kitchen. A canine search of Archibald’s car, in the driveway, revealed $12,000 cash. The state court suppressed the evidence; the appellate court affirmed. A federal grand jury indicted Archibald, Jenkins, and Muse, the leaseholder, on charges including use of premises to manufacture controlled substances, possession with the intent to distribute cocaine near public housing, making false statements to federal agents, and possession of a firearm in furtherance of a drug-trafficking crime. The district court suppressed the evidence, finding that the affidavit presented probable cause, but the probable cause had gone stale when officers executed the warrant, eight days after the controlled buy. Without conducting a Franks analysis, the court concluded that the affidavit contained knowing or reckless falsities regarding the reliability of the informant. The Sixth Circuit reversed.
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