United States Sixth Circuit

In a prosecution for drug and firearm related offenses, grant of a motion to suppress evidence seized in a search of a residence is affirmed where: 1) a judge lacked a substantial basis for concluding that probable cause existed for issuing the search warrant at issue; and 2) the district court properly refused to apply the good-faith exception to validate the search because the affidavit was "so lacking in indicia of probable cause that a belief in its existence is objectively unreasonable."

Appellate Information

• Decided 11/27/2006
• Published 11/27/2006

Judges

• Before GIBBONS and ROGERS, Circuit Judges;  HOLSCHUH, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  R. Leigh Grinalds, Assistant United States Attorney, Jackson, Tennessee, for Appellant.  Angela L. Pitts, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellee.   ON BRIEF:  R. Leigh Grinalds, Assistant United States Attorney, Jackson, Tennessee, for Appellant.  J. Patten Brown III, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellee.