Cox & Mazzoli


Sixth Circuit Court of Appeals Upholds Search Warrant

Sixth Circuit Court of Appeals Upholds Search Warrant

In United States v. Brown, 13-1761 (9/11/15), the Sixth Circuit held that a search warrant issued for a defendant's home did state probable cause, even though it was a very "close case." The case is important because it continues to develop the issue of whether a sufficient nexus is presented by the government between criminal activity and a defendant's home.

In Brown, the defendant was seen in a car with a known drug dealer who was transporting heroin.  The defendant had $4,800 in currency and a cell phone which contained a text suggestive of drug trafficking.  Agents discovered the defendant's car parked at the drug dealer's home and a drug dog alerted on the vehicle.  The defendant further had a prior record for narcotics.

The appellate court held that a sufficient nexus had been shown establishing illegal activity and the defendant's home, despite finding that it was a very close case.

Our firm frequently challenges search warrants where we don't believe a sufficient connection has been established between our client's home and any criminal activity.  It is important that defendants retain experienced federal criminal defense attorneys who keep current on all recent cases in our circuit.

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