United States v. Michael Smith, Jr.

CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 7, 2026
Docket25-1067
StatusUnpublished

This text of United States v. Michael Smith, Jr. (United States v. Michael Smith, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Michael Smith, Jr., (6th Cir. 2026).

Opinion

NOT RECOMMENDED FOR PUBLICATION File Name: 26a0014n.06

Case No. 25-1067

UNITED STATES COURT OF APPEALS FILED FOR THE SIXTH CIRCUIT Jan 07, 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 ) MICHAEL WARREN SMITH, JR., MICHIGAN ) Defendant - Appellant. ) OPINION )

Before: GIBBONS, STRANCH, and DAVIS, Circuit Judges.

JULIA SMITH GIBBONS, Circuit Judge. Defendant Michael W. Smith, Jr. pled guilty to

possession with intent to distribute methamphetamine, fentanyl, and cocaine, after police executed

search warrants at two properties associated with him. The affidavit supporting the searches stated

that after months of investigating Smith and other drug dealers with whom he associated, law

enforcement established that Smith was a large-scale Kalamazoo-based drug dealer and supplier

who regularly frequented the locations searched. These conclusions were drawn from controlled

purchases by known confidential informants, ongoing investigations, first-hand observations, GPS

tracker data, phone and rental property records, surveillance footage, and anonymous tips. The

supporting affidavit also contained significant corroborating evidence regarding several drug

transactions in which Smith personally engaged involving the properties searched. On appeal,

Smith argues that the district court erred in denying his motion to suppress because the search

warrants were not supported by probable cause and lacked a nexus between the properties searched

and the evidence sought. We affirm the district court’s judgment. No. 25-1067, United States v. Smith

I.

Based on information gathered by confidential informants and law enforcement, Smith was

known as a large-scale methamphetamine supplier in Kalamazoo. In March 2023, when executing

an unrelated search warrant, Kalamazoo Valley Enforcement Team (“KVET”) officers learned

that a known drug dealer1 “in possession of distribution amounts of crack cocaine” had been

communicating with Smith. DE 38-1, Search Warrant #1 Aff., Page ID 119. A month later, KVET

uncovered text messages between another Kalamazoo-based drug dealer who sold “large quantities

of methamphetamine” and an individual named “JR” where they discussed drug trafficking.2 Id.

at Page ID 113. Since at least 2021, KVET has known that “JR” refers to Michael Warren Smith

Jr.3

In June 2023, KVET received an anonymous tip alleging that Smith was involved with

impending shipments of drugs and guns from Texas to Michigan, and that the contraband would

be stored at 822 Elmwood Avenue (“Elmwood”). A couple of weeks later, Investigator Jeff

Salmon, a public safety officer assigned to KVET,4 obtained a search warrant to track a rental car

driven by Smith. The rental car’s GPS history ultimately revealed that it “consistently stopped at

1 This drug dealer was observed months later at one of the properties searched (Elmwood), where he briefly interacted with Smith. 2 An excerpt from that drug dealer’s messages with Smith reads as follows: “My man I need your help please[.] I am having a hard time with life since I got out of jail . . . Some of what you gave me is straight up but the bigger cloudy pieces . . . [are] going to fuck me up because my people and I just tried it and it burns rough and taste[s] horrible. . . . I need you to please trade me out so I can make my money . . . otherwise I’m stuck . . . and now my people won’t take it.” DE 38-1, Search Warrant #1, Page ID 113-14. 3 In 2021, a confidential informant was “shown a photograph and positively identified ‘JR’ as Michael Warren Smith.” Id. at Page ID 114. 4 Salmon, a police officer for over 11 years, stated that he had ample experience, having been “involved in investigating over 400 cases involving controlled substances” and “written numerous search warrants/affidavits.” Id. at Page ID 113. -2- No. 25-1067, United States v. Smith

822 Elmwood[.]” DE 38-1, Search Warrant #1 Aff., Page ID 116. Around this time, a confidential

informant claimed that Smith “was continuing to sell large quantities of methamphetamine.” Id.

During the investigation of another drug dealer, Lee Curtis Gibbs, KVET found Smith’s

phone number (saved as “JR”) in Gibbs’s phone records, specifically in a digital money transfer

application—Cash App. In July 2023, a different confidential informant indicated that Smith was

Gibbs’s methamphetamine supplier. In August 2023, KVET tracked Gibbs’s vehicle to

Kalamazoo. Later that day, KVET observed a Chrysler,5 previously seen in the Elmwood area,

pull up directly behind Gibbs’s vehicle. Police observed Gibbs approach the Chrysler’s front

passenger door, take “objects” from the car, put those “objects down the front of his shorts,” and

then return to his vehicle and leave. Id. at Page ID 117. Subsequently, the Chrysler made a brief

stop at 823 N. Church Street,6 before parking at Elmwood, where Smith was identified as the

driver.7

On September 7, 2023, while KVET was surveilling Elmwood, a female entered through

the front door of the residence. A short time later, the female left and was observed holding what

looked like a “small white object,” which the officer believed to be cocaine or crack cocaine. Id.

at Page ID 120. Later that month, GPS tracking revealed that the Chrysler headed to an apartment

complex on West Main Street almost daily and sometimes more than once a day. A search warrant

was then issued to install surveillance technology in the building’s common hallway “to identify

5 Although the Chrysler was regularly driven by Smith during the period he was investigated, state vehicle records show the vehicle was not registered to him, but to an individual named Tiyonna Shantel Ford. 6 KVET was aware that Latasha West, Smith’s girlfriend, lived at this address, and that Smith would often stay there overnight. 7 That same day, a search warrant was issued to track the Chrysler. -3- No. 25-1067, United States v. Smith

the specific apartment Smith was frequenting.” Id. at Page ID 122. KVET’s investigation revealed

that Smith had key access to Apartment #33.

Around the same time, KVET executed a search warrant to track the vehicle of Raydon

Henry, who was also being investigated for selling large quantities of narcotics in Kalamazoo.

Since Smith was suspected of supplying narcotics to Henry, KVET started tracking their

interactions.8 As a result, whenever Smith and Henry’s GPS trackers were in proximity to each

other, an alert was sent to KVET.

Based on GPS data from September and October 2023, the affidavit highlights at least five

suspected drug transactions that took place between suspected drug dealers—Henry, Gibbs, and

Smith—involving Apartment #33 and Elmwood. Henry and Smith met three times. Their first

encounter took place on September 3, 2023 and it involved Smith leaving Elmwood with a gold-

colored backpack, driving his Chrysler directly to meet Henry, parking their vehicles close to each

other, and leaving at the same time shortly afterwards. The second encounter took place

approximately three weeks later, when Smith was again observed leaving Elmwood but making a

brief stop at Apartment #33 before driving his Chrysler to a café and parking directly next to

Henry’s vehicle. Shortly thereafter, both vehicles were seen leaving simultaneously, and Smith

was surveilled driving back to Elmwood. KVET was alerted to this encounter because Smith’s

and Henry’s GPS trackers were in close proximity.9

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