Search & seizure; Probable cause; Whether there was a sufficient nexus to support the search warrant; Corroboration; Principle that probable cause is not satisfied by an officer’s mere “hunch”; Warrantless search; Good faith exception to the exclusionary rule; Effect of a “bare bones” affidavit
In an order as to a petition for rehearing en banc (see e-Journal # 78930 in the 2/21/23 edition for the opinion at issue), a majority of the court’s judges in regular active service voted for rehearing en banc of this case. The original panel held that the district court erred by denying defendant’s motion to suppress because the police lacked probable cause to search the apartment where the evidence was found, and the good faith exception did not apply to save the fruits of an illegal search. Under Sixth Circuit Rule 35(b), the court ordered that the previous decision and judgment be vacated, the mandate stayed, and the case restored to the docket as a pending appeal.
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