| Docket: 20-1633 Opinion Date: March 8, 2021 Judge: Jeffrey S. Sutton Areas of Law: Civil Rights, Constitutional Law, Criminal Law |
| Muskegon Detective Schmidt, an undercover agent, asked a suspected drug dealer, Conkle, to buy some cocaine. The two drove to a house that belonged to White. Schmidt watched Conkle walk into White’s house and reemerge, after which Conkle handed Schmidt three grams of cocaine. About 40 days later, Conkle again took Schmidt to White’s house. In a nearby alley. Schmidt handed Conkle pre-marked cash. Conkle drove by himself to White’s house. Another detective watched as Conkle entered the house, reemerged, and traveled back to Schmidt, where he completed the sale, Schmidt applied for a search warrant within 48 hours of Conkle’s second purchase, citing the two purchases, his training and experience of 17 years, and his confirmation that the home belonged to White. A Michigan state judge approved a “no-knock” warrant. The search uncovered over 20 grams of cocaine, over 30 grams of “crack” cocaine, a stolen semi-automatic handgun, an AR-style rifle, and over $2,500 in cash. The government charged White with being a felon in possession of a firearm, possessing a firearm to further drug trafficking, possessing with intent to distribute controlled substances, and brandishing a weapon to further drug trafficking. The Sixth Circuit reversed the district court’s order granting a motion to suppress. The issuing judge had a substantial basis for finding probable cause. The key remedy for unjustified no-knock entries is a section 1983 action for money damages, not the exclusion of the evidence. |
