United States Sixth Circuit

In a prosecution for a drug-related offense, grant of defendant's motion to suppress evidence is reversed and remanded where, although the district court was correct in finding that much of the information set forth in the affidavit was stale, the non-stale information was, on its own, sufficient to give rise to probable cause to believe that contraband or evidence of a crime would be present in defendant's residence.

Appellate Information

• Argued 01/12/2010
• Decided 02/05/2010
• Published 02/05/2010

Judges

• Before MARTIN, BOGGS, and WHITE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Daniel Steven Goodman, United States Department of Justice, Washington, D.C., for Appellant. Edward G. Bryan, Federal Public Defender's Office, Cleveland, Ohio, for Appellee. ON BRIEF:Daniel Steven Goodman, United States Department of Justice, Washington, D.C., for Appellant. Edward G. Bryan, Vanessa F. Malone, Federal Public Defender's Office, Cleveland, Ohio, for Appellee.