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CA6: Assuming a lack of PC, the warrant was not bare bones and the GFE saves the search

By John Wesley Hall, Jr.

Even assuming that the search warrant in this case was invalid for lack of probable cause, it was not so lacking of probable cause or "bare bones" that good faith did not support the search anyway. It was reasonable to infer that the seized trash bag came from defendant’s house because it was the only one around at the end of a dead end street, and the marijuana clippings in the trash bag were fresh and indicated that a grow operation was ongoing. United States v. Silvey, 2010 U.S. App. LEXIS 18220, 2010 FED App. 0559N (6th Cir. August 27, 2010) (unpublished).* The USDJ rejects the USMJ’s denial of defendant’s suppression motion because there was not justification for stopping defendant’s minivan for objects hanging from the mirror in violation of Michigan law...continue to full post

Full post as published by Fourth Amendment on September 03, 2010 (boomark / email).