United States v. Christopher Demarcus Blue

Court of Appeals for the Sixth Circuit·Decided July 17, 2026·No. 25-5924·Unpublished

Opinion

NOT RECOMMENDED FOR PUBLICATION File Name: 26a0314n.06

No. 25-5924

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jul 17, 2026 ) KELLY L. STEPHENS, Clerk UNITED STATES OF AMERICA, ) Plaintiff-Appellee, ) ) ON APPEAL FROM THE UNITED v. ) STATES DISTRICT COURT FOR ) THE WESTERN DISTRICT OF CHRISTOPHER DEMARCUS BLUE, ) TENNESSEE Defendant-Appellant. ) ) OPINION

Before: KETHLEDGE, NALBANDIAN, and HERMANDORFER, Circuit Judges.

HERMANDORFER, Circuit Judge. Christopher Blue pled guilty to 13 counts of an

indictment covering assorted drug-trafficking and firearms charges. Blue’s plea agreement

preserved his right to challenge the district court’s failure to suppress evidence recovered at two

Memphis-area residences. He now appeals on that basis. Because Blue’s arguments for

suppression lack merit, we affirm.

I

A

In May 2023, officers received a tip from a confidential source (“CS”) that Blue was

participating in drug-trafficking activity. Blue is a convicted felon. And he was on probation for

a prior offense at the time. No. 25-5924, United States v. Blue

Based on the information from the CS, officers began surveilling Blue. Months of

surveillance efforts placed Blue at four different Memphis-area residences relevant to this appeal.

Blue was seen selling drugs (including in a series of controlled buys) and possessing weapons at

two locations—1550 South Highland Street and 1712 Green Dolphin Street. And he was observed

parking his vehicle and staying overnight on multiple occasions at two others—1546 South

Highland Street and 3218 Estes Street.

This information led officers to seek warrants to search the four properties for evidence

related to drug-trafficking offenses. In mid-September 2023, Detective Samuel Pair swore out

four affidavits—one for each property—and presented them as a package to a criminal court judge.

All agree that the judge authorized the warrants on the same day “one after the other.” Suppression

Ruling Tr., R.50, PageID 291. Officers executed the warrants at all four properties the next day.

Below we specify the content of the warrant affidavits, as well as the relevant items

recovered, relating to each searched property. But all affidavits had a few items in common. They

began by stating that a reliable CS—responsible for over 15 felony arrests—had provided

information that Blue was selling narcotics within Memphis and Shelby County, Tennessee. All

affidavits further represented that officers, using the CS, had conducted four probable-cause buys

of marijuana from Blue—including one buy that had taken place within the five days before the

affidavits’ submission. All affidavits reported that Blue was a felon previously convicted of drug

and firearms offenses. And all affidavits represented that, in Detective Pair’s experience,

distributors of illegal narcotics keep “drug ledgers, drug proceeds, drug paraphernalia and

electronic storage devices within their place of residence.” E.g., 1550 S. Highland Aff., R.21-1,

PageID 49.

2 No. 25-5924, United States v. Blue

1550 South Highland Street. Detective Pair’s affidavit reported that Blue had held active

utilities at this property for over two years. In addition, officers had performed “countless” hours

of surveillance, during which they observed Blue enter and exit the property, as well as stay inside

the property for “long periods of time.” Id. During Blue’s presence at the property, numerous

other individuals would enter or pull up to the property, stay for just a few moments, then depart.

Detective Pair stated that, in his experience, such activity was consistent with drug sales. Further,

Detective Pair explained that the CS had seen Blue conducting drug sales with firearms present at

the property. And according to the CS, Blue stated that he parked his vehicle—a silver/tan

convertible BMW—at his mother’s house next door so that the police wouldn’t seize it. Finally,

detectives conducted two controlled buys of marijuana from Blue at this location.

During the search of this property, officers recovered digital scales, handgun and shotgun

magazines, and ammunition.

1546 South Highland Street. Detective Pair’s affidavit indicated that Blue had long listed

this property as his primary address on police reports and an identification card. And Blue’s

mother held active utilities at the location. The affidavit further represented that officers had

observed Blue park his vehicle at this property before walking to 1550 South Highland and staying

there for long periods of time. According to the affidavit, officers learned that Blue parked his car

behind 1546 South Highland to elude law enforcement while he spent time at 1550 South

Highland. The CS did not enter 1546 South Highland, nor did Detective Pair report any activity

at this property consistent with drug trafficking.

Officers’ search of this property revealed 51 oxycodone pills and a loaded 9mm handgun.

A search of a Chevrolet Impala parked in the property’s driveway led officers to recover 5.4

3 No. 25-5924, United States v. Blue

pounds of marijuana, 346.7 grams of fentanyl, an ecstasy pill, a credit card embossing machine,

two shotguns, three rifles, and three pistols. Most of the firearms were loaded.

1712 Green Dolphin Street. This affidavit mirrored the affidavit for 1550 South Highland.

According to Detective Pair, the CS reported seeing Blue conduct drug sales at this property with

firearms present. Surveillance, too, showed Blue entering and remaining at the property, as well

as short-term visitor traffic consistent with drug-sale activity. And through the CS, officers

conducted two controlled buys of marijuana from Blue at this property.

Officers searched this property and recovered digital scales, two cell phones, and around

one gram of fentanyl in a crossover-utility vehicle. That vehicle had been reported as stolen and

was parked in the property’s rear.

3218 Estes Street. At this property, officers had seen Blue entering and exiting through

the carport door, taking a dog from the property on walks, and parking his BMW and staying at

the property overnight. Officers also observed Blue leave the property in his BMW and drive to

1546 South Highland Street. The CS did not enter this property, nor did Detective Pair report any

activity at this property consistent with drug trafficking.

Officers’ search of this property revealed around $1,800 in cash, a marijuana edible, 14

grams of marijuana, and three alprazolam pills. Officers also discovered a pistol and ammunition

located in Blue’s BMW underneath a seat.

B

A grand jury returned an indictment charging Blue with 22 counts of drug- and firearms-

related offenses.

After initially pleading not guilty, Blue filed a motion to suppress the fruits of the officers’

searches. Then, as now, Blue conceded that officers had probable cause to search 1550 South

4 No. 25-5924, United States v. Blue

Highland Street and 1712 Green Dolphin Street—where he had been observed making drug sales

and possessing firearms. But Blue contended that officers lacked probable cause to believe that

the two remaining properties, 1546 South Highland Street and 3218 Estes Street, would contain

evidence of any crimes. That was so, Blue argued, because officers had no information that

criminal activity had occurred at those properties; instead, officers had only seen Blue entering

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