UNITED STATES OF AMERICA v. WILLIAM EUGENE HINES - Articles

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Posted by: Landry Butler on Mar 29, 2018

Court: 6th Circuit Court (Published Opinions)

Attorneys 1:

ARGUED: Amanda B. Harris, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant. Michael R. Mazzoli, COX & MAZZOLI PLLC, Louisville, Kentucky, for Appellee.

Attorneys 2:

ON BRIEF: Amanda B. Harris, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Terry M. Cushing, UNITED STATES ATTORNEY’S OFFICE, Louisville, Kentucky, for Appellant. Michael R. Mazzoli, COX & MAZZOLI PLLC, Louisville, Kentucky, for Appellee.

Judge(s): MOORE, COOK, and McKEAGUE, Circuit Judges.

Court Appealed: Appeal from the United States District Court for the Western District of Kentucky at Louisville.

COOK, Circuit Judge. Not all search warrant affidavits include the same ingredients. It is the mix that courts review to decide whether evidence generated from the search may be used or must be suppressed. Some affidavits describe in fine detail a confidential informant’s reliability, whereas others emphasize the tipster’s basis of knowledge. Some discuss controlled drug buys by police officers looking to corroborate a tip, and others spotlight a suspect’s criminal history. There isn’t a singular formula; we consider the affidavit proper if, in its totality, it sufficiently demonstrates probable cause for that search warrant.

Finding the affidavit in this case insufficient to establish probable cause, the district court suppressed evidence recovered during a search. We decide that the totality of the circumstances dictates otherwise, however, and REVERSE.