Background
Willie Lark was indicted for possessing with intent to distribute controlled substances following a search of his residence that yielded methamphetamine, fentanyl, and cocaine. Before trial, Lark moved to suppress evidence from vehicle tracking and the residence search, sought a Franks hearing regarding alleged inaccuracies in the warrant affidavits, and moved to dismiss the indictment under the Speedy Trial Act. The district court denied all three requests, and a jury convicted Lark, sentencing him to three hundred sixty months in prison.
The court’s reasoning
The court held that the vehicle tracking warrants and the residence search warrant were supported by probable cause under the totality of the circumstances. The affidavits relied on multiple credible informants with track records of providing verified tips, corroborated by controlled buys and tracking data linking Lark’s red pickup truck and residence to drug activity. The court rejected the Franks hearing argument, finding no evidence of knowing or reckless falsehoods or omissions that would undermine probable cause. Regarding the Speedy Trial Act, the court determined that the district court properly exercised its discretion to delay the trial to await an en banc decision in United States v. Sanders, as the reasons were clear from the record and provided before the ruling on the motion to dismiss.
With great deference toward the issuing judge’s determination, federal courts examine the affidavit’s four corners to determine whether, under the totality of the circumstances, the low bar of probable cause has been overcome.
United States v. Moore, 999 F.3d 993, 996 (6th Cir. 2021)
What it means going forward
This decision reinforces the Sixth Circuit’s deferential standard for reviewing warrant affidavits, particularly when multiple informants and corroborating surveillance data are present. It also clarifies that a district court may validly delay a trial to await guidance from a pending en banc decision without violating the Speedy Trial Act, provided the reasons are documented on the record.