United States of America v. Maloum Whitewide, Jr.

Grand Rapids, Michigan criminal defense lawyer represented the Defendant charged with felony possession of a firearm.



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The firearms were uncovered during a search of his residence while officers looked for evidence related to his stalking charges.



When reviewing a motion to suppress, we apply a "mixed standard of review”––factual findings are reviewed for clear error and legal conclusions are reviewed de novo. United States v. Taylor, 121 F.4th 590, 594 (6th Cir. 2024). And when a district court denies a motion to suppress, "we consider the evidence in the light most favorable to the government.” Id. (internal quotation marks omitted). We also keep in mind the scope of the district court's inquiry: it gives "great deference” to the issuing judge and asks "whether the issuing judge had a 'substantial basis for concluding that a search would uncover evidence of wrongdoing.'” United States v. Sanders, 106 F.4th 455, 461 (6th Cir. 2024) (en banc) (quoting Illinois v. Gates, 462 U.S. 213, 236 (1983)), cert. denied, 145 S. Ct. 603 (2024). So we proceed "mindful of the deference the district court was required to afford the issuing judge's decision to authorize the warrant.” Id.



The Fourth Amendment provides that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” U.S. Const. amend. IV. A valid warrant under the Fourth Amendment requires three things. First, a neutral, disinterested magistrate must issue the warrant. Dalia v. United States, 441 U.S. 238, 255 (1979). Second, the warrant or warrant affidavit must show that there is probable cause to believe that the evidence being sought will further the "apprehension or conviction” for a specific offense. Id. (internal quotation marks omitted). Finally, the warrant must describe with particularity what officers may search and seize.



We also "afford considerable weight to the conclusion[s] of experienced law enforcement officers” on "where evidence of a crime is likely to be found.” United States v. Williams, 544 F.3d 683, 686 (6th Cir. 2008) (internal quotation marks omitted). And not everything must be said explicitly––courts are "entitled to draw reasonable inferences about where evidence is likely to be kept.” Id. Still, the inquiry "is limited to the information presented in the four[ ]corners of the affidavit” and the inferences reasonably drawn from that information. United States v. Sumlin, 956 F.3d 879, 885 (6th Cir. 2020) (internal quotation marks omitted); Williams, 544 F.3d at 686.



Probable cause is a highly fact-intensive inquiry, but our cases have sketched out what is necessary to show a nexus. To start, we have asserted the general principle that "an issuing judge may infer that a criminal suspect keeps the instrumentalities and fruits of his crime in his residence.” Williams, 544 F.3d at 688 (internal quotation marks omitted). Williams concluded that a search warrant showed a sufficient nexus between Williams' suspected possession of handguns and his residence. Id. at 686–87. The warrant named the place to be searched as Williams' residence, had corroborating evidence of his possession of several handguns and use of a handgun to rob a drug trafficker, and outlined his prior arrest for carrying a concealed weapon and a recent arrest for possession of a vehicle where a gun was found. Id. at 685. The panel concluded that "[g]iven the evidence that Williams possessed multiple guns, and had recently used them to further his criminal activity, the issuing judge could have reasonably inferred that Williams kept at least one handgun at his residence.” Id. at 688. So the nexus requirement was met. Id.

Affirmed