United States v. Gilbert, No. 19-3456 (6th Cir. 2020)
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Detective Yasenchack saw Williams enter and then exit Gilbert's Jeep Cherokee within a few seconds at an intersection known for drug activity, shoving a plastic bag into his shorts as he exited. Yasenchack stopped Williams and recovered half a pound of cocaine. Williams pleaded guilty to state drug-trafficking charges. Two weeks later, Yasenchack saw Gilbert driving the Jeep and conducted a traffic stop. He smelled marijuana but his search only turned up a large amount of cash. Yasenchack later learned that Gilbert had convictions for drug possession, trafficking, and possessing a weapon while under disability. Yasenchack began surveilling Gilbert and searching the trash outside Gilbert’s residence. He found scale weights, a vacuum-sealed bag and zip-lock bags. Gilbert moved. Yasenchack searched the trash at Gilbert’s new residence but found nothing suggestive of trafficking. Yasenchack again searched Gilbert’s trash and discovered a vacuum-sealed bag containing “crumbs” later confirmed to be marijuana.
An Ohio judge authorized a warrant for Gilbert’s home, which officers executed the following day. Officers discovered four kilograms of heroin (some laced with fentanyl), a handgun, $119,000 in cash, and drug-trafficking tools. After a Franks hearing and denial of his motion to suppress, Gilbert pleaded guilty to possession with intent to distribute heroin, possession with intent to distribute a mixed drug and being a felon in possession of a firearm. The Seventh Circuit affirmed. A reasonably well-trained officer in these circumstances would not know to disregard a judicial determination that probable cause existed, so the good-faith exception applies.
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