United States v. William Perkins, No. 17-5908 (6th Cir. 2018)
Annotate this CaseA dog’s sniff alerted law enforcement to a suspicious-smelling package, which contained methamphetamine. The intended recipient was “B. PERKINS,” at his Belvidere, Tennessee address. A trusted confidential informant had known Perkins for 20 years and had purchased methamphetamine from him within the past six months. Local law enforcement also knew Perkins to be a methamphetamine dealer. Based on this information, DEA officer Warren obtained an anticipatory warrant to search Perkins’s residence. An anticipatory search only becomes effective upon the happening of some triggering condition, which establishes probable cause. Warren proposed that DEA officer Brewer pose as a FedEx driver, knock at Perkins' door with the package in hand, and deliver the package: Delivery to Perkins was the triggering event. Brewer went in with the erroneous impression that he simply needed to deliver the package to someone at the residence. Brewer knocked and a woman came to the door. Brewer asked her if she was expecting a package. “Yes, we are,” she said. Brewer did not ask who she was nor did he confirm that “we” referred to Perkins, nor did he know whether Perkins was present. Brewer simply gave her the package. Officers executed the search. Perkins was not present and did not arrive until an hour later. Perkins was charged with possession with intent to distribute methamphetamine. The Sixth Circuit affirmed an order granting Perkins’ motion to suppress. The “operative transaction” specified in the warrant did not occur.
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