U.S. v. CHRISTIAN

No. 17-1799.

925 F.3d 305 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Tyrone Dexter CHRISTIAN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 31, 2019.


Attorney(s) appearing for the Case

REARGUED EN BANC: Lucille A. Jewel , UNIVERSITY OF TENNESSEE, Knoxville, Tennessee, for Appellant. Jennifer L. McManus , UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee. ON SUPPLEMENTAL BRIEF: Lucille A. Jewel , William A. Beasley , Benjamin A. Johnson , Benjamin K.P. Merry , UNIVERSITY OF TENNESSEE, Knoxville, Tennessee, for Appellant. Jennifer L. McManus , Timothy P. Verhey , UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee.

ROGERS, J., delivered the opinion of the court in which GIBBONS, SUTTON, GRIFFIN, KETHLEDGE, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER, and MURPHY, JJ., joined, and WHITE, J., joined in the judgment. THAPAR, J. (pp. 314-19), delivered a separate concurring opinion in which NALBANDIAN, MURPHY, and READLER, JJ., joined. WHITE, J. (pg. 319), delivered a separate opinion concurring in the judgment and in Part I of the dissent. GILMAN, J. (pp. 319-35), delivered a separate dissenting opinion in which COLE, C.J., MOORE, CLAY, STRANCH, and DONALD, JJ., joined, and WHITE, J., joined in part.


OPINION

Based on a five-page-long search-warrant affidavit—which included evidence from a confidential informant and other sources, a controlled buy, and direct police-officer surveillance—a magistrate determined that there was probable cause to search 618 Grandville Avenue, Tyrone Christian's home...

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