United States v. Moore, No. 20-4029 (6th Cir. 2021)
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Officer Dickens submitted an affidavit, seeking a search warrant for 10318 Dove Avenue, a single-family Cleveland residence. Dickens averred that earlier that month a confidential informant disclosed to him that a dealer, Moore, was selling cocaine out of that residence. He described Moore’s race, height, weight, age, and date of birth and disclosed that Moore deployed an extensive electronic surveillance system. Moore had been charged with several past drug crimes, including one prior conviction for drug trafficking. Dickens also described a controlled drug buy between the informant and Moore that occurred earlier that month at the Dove residence, under surveillance. The state court issued the search warrant. Officers detained Moore and found two firearms, two kilograms of cocaine, 100 grams of cocaine base, and materials used to facilitate large-scale drug trafficking. An ATF officer arrived, advised Moore of his Miranda rights, and interviewed Moore.
Moore was indicted on five federal counts involving conspiracy, possessing and intending to distribute cocaine and cocaine base, possessing firearms while a felon, and possessing firearms to further a drug trafficking crime. Moore unsuccessfully moved to suppress the evidence, arguing that the affidavit lacked indicia that the confidential informant was reliable. The Sixth Circuit affirmed. Collectively, the information provided demonstrated a fair probability that evidence of drug trafficking would be found at Dove.
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