United States v. Sanders, No. 21-5945 (6th Cir. 2023)
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Officer Hazlewood applied to a Kentucky state judge for a warrant. In his supporting affidavit, Hazlewood stated that a confidential informant (CI) advised Hazlewood that Sanders was selling heroin/fentanyl from a specific apartment. Hazlewood set up two controlled purchases; officers observed Sanders leaving and returning to that apartment. The affidavit contained no information pertaining to the reliability of the CI. With a warrant, officers recovered controlled substances, drug paraphernalia, and firearms from the apartment. Sanders was charged with drug and firearm offenses but was not charged with distributing the drugs sold during the controlled purchases.
The court denied Sanders's motion for supplemental discovery relating to the controlled buys because disclosure would reveal the CI’s identity and the evidence was not material to the defense. Sanders also moved to suppress all evidence and statements that were obtained when executing the warrant and for a “Franks” hearing to challenge the accuracy of surveillance referenced in the affidavit. The court denied the motions determining that probable cause supported the search warrant or, in the alternative, that the “good faith” exception applied.
The Sixth Circuit vacated Sanders’s conviction and 72-month sentence. Few facts supported a nexus between the drug evidence being sought and the apartment that was searched; entering and exiting an apartment, alone, provides no indication of criminal activity at the apartment. The affidavit did not establish probable cause to believe that Sander resided at the apartment. No reasonable officer would believe that the affidavit established probable cause to search the apartment.
The court issued a subsequent related opinion or order on May 24, 2023.
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