UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

UNITED STATES OF AMERICA, ┐ Plaintiff-Appellant, │ │ > No. 20-1633 v. │ │ │ MICHAEL AKEEM WHITE, JR., │ Defendant-Appellee. │ ┘

Appeal from the United States District Court for the Western District of Michigan at Grand Rapids. No. 1:20-cr-00044-1—Robert J. Jonker, District Judge.

Argued: March 2, 2021

Decided and Filed: March 8, 2021

Before: GILMAN, GIBBONS, and SUTTON, Circuit Judges. _________________

COUNSEL ARGUED: Jennifer L. McManus, UNITED STATES ATTORNEY’S OFFICE, Grand Rapids, Michigan, for Appellant. Jasna Tosic, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Grand Rapids, Michigan, for Appellee. ON BRIEF: Jennifer L. McManus, Austin J. Hakes, UNITED STATES ATTORNEY’S OFFICE, Grand Rapids, Michigan, for Appellant. Jasna Tosic, Joanna C. Kloet, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Grand Rapids, Michigan, for Appellee. _________________

OPINION _________________

SUTTON, Circuit Judge. When an undercover officer sought to purchase cocaine from a suspected drug dealer, he watched as the dealer went into Michael White’s house before No. 20-1633 United States v. White Page 2

emerging with drugs to complete the sale. A similar sequence repeated itself roughly forty days later. Based on this information, a state judge approved a search warrant for White’s house, where officers found guns, drugs, and cash. The district court granted White’s motion to suppress the evidence, believing that probable cause did not exist without more evidence that contraband would be found inside the residence. We disagree and reverse.

I.

Muskegon County Detective T. Schmidt investigated illegal drug trafficking in western Michigan as an undercover agent. While in a car with a suspected drug dealer named Jared Conkle in early December 2019, Schmidt asked to buy some cocaine. Conkle knew where to go. He told Schmidt to “park in the rear” of a house that belonged to Michael White, whom he described as an “acquaintance.” R.15-1 at 2. Schmidt watched Conkle exit the car, walk into White’s house, and reemerge, after which Conkle handed Schmidt three grams of cocaine.

A similar sequence repeated itself about forty days later. Schmidt approached Conkle and again asked him where he could buy cocaine. Conkle again took him to White’s house. Rather than direct Schmidt to the rear of White’s house, Conkle told Schmidt to follow him to a nearby alley. Schmidt handed Conkle some pre-marked cash, and Conkle drove by himself to White’s house. Another detective watched as Conkle approached the house, exited his car, and entered through the back. Conkle reemerged, got back into his car, and traveled back to Schmidt, where he completed the sale.

Believing that White kept drugs inside his house for distribution, Schmidt applied for a search warrant within 48 hours of Conkle’s second purchase. He gave the above account, then explained that, “based on [his] training and experience” of seventeen years, drug dealers often keep “contr