CA6: Even if part of affidavit for SW was illegally obtained, after purging it, the remainder still shows PC

A woman came to a motel office to hide because the man she was staying with had a gun. The police were called, and they ended up at the room, entered, and saw two guns and drug paraphernalia. They left the room and procured a search warrant. The court analyzed the probable cause affidavit and struck out in the opinion the alleged offending portions. The remainder still gave probable cause, and the warrant was not suppressed. United States v. Brown, 2018 U.S. App. LEXIS 25409 (6th Cir. Sep. 7, 2018):

Here, the warrant affidavit outlined in a single paragraph the factual basis for the warrant. For ease of comprehension, we have separated the paragraph and struck through the portions related to the warrantless entry:

At approximately 5:25 am Maysville Police were called by Super 8 motel personnel advising of a possible domestic situation. The clerk advised that a female came to the desk and stated that the male subject had a gun in his pocket and had guns in the room. The female also said another female was hiding in the restroom of the room.

When the Affiant and other MPD officers responded they encountered the female and identified her as Chasity Smith. Smith stated that the male subject Mark Brown, threw her a bag of “dope” which Affiant believes to be methamphetamine. The substance has not yet been tested. She also told Affiant that Brown had guns and she expressed fear for her own safety.

Mark Brown then came into the lobby and advised Affiant that he would not speak with officers. A criminal history check reflects that the [sic] Brown is a convicted felon. The door to the room was slightly ajar, and MPD officers made entry into the room to determine if there indeed was another female in the room needing assistance. No female or other person was present in the room. When Mark Brown was patted down no weapons were located, but Brown had approximately $10,000 in cash on his person, which is being held by MPD.

Chasity Smith advises that Brown is or was cooking methamphetamine in a cooler in the room. She also says there are pills in the room. MPD officers saw a cooler in the room, and saw two handguns and a crack pipe in the room in plain view.

Both Mark Brown and Chasity Smith were both [sic] staying in the room, and Chasity Smith will consent to search. Due to the objection of Mark Smith [sic], this search warrant is being obtained.

The vehicle identified above is located in the parking area of the motel and is in the possession of Mark Brown. MPD canine indicated that such vehicle contains the odor of drugs. Room has been secured and questioning of Chasity Smith continues. Mark Brown is being detained pending charging.

The affidavit as edited contains substantial incriminating information establishing probable cause to search the hotel room. …

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