UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

┐ LESLIE FISHER, │ Plaintiff-Appellant, │ > No. 23-1246 │ v. │ │ RANDALL JORDAN, MATTHEW RICE, and JOHN │ TRAFELET, Michigan State Police, │ Defendants-Appellees. │ ┘

Appeal from the United States District Court for the Eastern District of Michigan at Bay City. No. 1:17-cv-12504—Thomas L. Ludington, District Judge.

Decided and Filed: January 18, 2024

Before: MOORE, READLER, and MURPHY, Circuit Judges. _________________

COUNSEL ON BRIEF: James G. Gross, JAMES G. GROSS PLC, Detroit, Michigan, for Appellant. John Fedynsky, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees.

READLER, J., delivered the opinion of the court in which MURPHY, J., joined. MOORE, J. (pp. 11–16), delivered a separate dissenting opinion. _________________

OPINION _________________

CHAD A. READLER, Circuit Judge. Leslie and Steven Fisher were arrested after officers executed a search warrant and discovered marijuana growing in the Fishers’ garage. A state court eventually dismissed all charges against Leslie. She then sued the arresting officers in federal court, claiming that their decision to arrest her violated the federal constitution as well as No. 23-1246 Fisher v. Jordan, et al. Page 2

state law. The district court granted summary judgment to the officers. Because defendants had probable cause to arrest Leslie, we affirm.

I.

Steven and Leslie Fisher, husband and wife, resided in a single-family home they co- owned in Shepherd, Michigan. The property included a detached garage located just a few steps from the house. The Fishers also owned a workshop located down the street from their home.

Michigan state officers suspected that the Fishers’ property was being used to grow and possibly sell marijuana. A tipster told Officer Randall Jordan that Steven was growing marijuana at the Fishers’ residence and processing the marijuana into THC wax at the Fishers’ workshop. The tipster claimed to have seen THC wax inside the shop, providing Jordan with what the officer believed to be an “extremely accurate” description of the wax. Over the ensuing three weeks, officers discovered marijuana stems, wax paper, and what they suspected to be THC wax in trash from the Fishers’ residence.

Suspecting illegal drug activity, Jordan obtained a warrant to search the Fishers’ house, detached garage, and workshop. Under Officer John Trafelet’s command, a team of officers knocked on the Fishers’ door and announced their presence. When no one answered, Trafelet ordered forced entry, and the officers began their search. They discovered 29.9 grams of marijuana in Leslie’s bedroom, stored in a nightstand and a minifridge. Elsewhere in the residence, officers found marijuana seeds, six firearms (two handguns and four long guns), body armor, jewelry, and nearly $4,000 in cash. In the garage, officers found a trove of items signifying drug production: over 25 pounds of marijuana, 67 ma