United States v. Perry

Perry conditionally pled guilty to conspiring to possess narcotics with intent to distribute. On appeal, Perry argued that the activities indicating drug sales that were observed over the seven weeks before the issuance of the search warrant were stale evidence because the activities were not individually dated. The Sixth Circuit affirmed denial of his motion to suppress. Even without specific dates, the amount of suspicious activity observed within the seven weeks in connection with Perry’s apartment was enough to support probable cause. The court noted several complaints from concerned residents about drug sales being conducted in the apartment complex and in a black Chevrolet Impala and naming Perry and his girlfriend as the sellers; Perry had several prior drug charges; an officer observed Perry exchange money and packages, which appeared to contain marijuana, at a fence; the officer observed multiple additional transactions involving Perry and his girlfriend that appeared to be drug transactions. The officer stated that his observations occurred between October 15 and December 3—two to 51 days before the probable-cause determination; his observations of heavy car and foot traffic, repeated transactions, and one particular transaction, all suggested that apartment four was home to a sizeable ongoing drug business. View "United States v. Perry" on Justia Law