Category Archives: Nexus

PA: Nexus not shown for house, and no GFE under state law: def arrested blocks from home with firearm, and that doesn’t mean more at home

Defendant shot at a cop and committed other felonies. He was sentenced to 66-132 years. He was arrested as a prohibited person with a firearm blocks from his home. The state showed no nexus to the house for other evidence … Continue reading

Posted in Good faith exception, Nexus, State constitution | Comments Off

NJ: Failure of affidavit for SW to say which apartment was def’s was fatal error under state const.

There was a reasonable basis for finding probable cause that drug sales were occurring from defendant’s house, but the affidavit for the warrant failed to show which apartment in a 30 unit complex was his. Since New Jersey doesn’t recognize … Continue reading

Posted in Good faith exception, Nexus, Probable cause, State constitution | Comments Off

D.Me.: CP on a cell phone is nexus to CP being on a computer

Child pornography on defendant’s cell phone is nexus to his computer. Computers are common storage devices for cell phone pictures and information. “Common sense suggests that if an individual has images of child pornography downloaded to one electronic device, the … Continue reading

Posted in Cell phones, Nexus, Reasonable suspicion | Comments Off

D.Md.: Nexus shown by def’s car driven to drug deal was registered at his house and he left there to do the deal

Defendant was alleged to have left the address his car was registered at to go to a controlled buy. That showed nexus to the house. United States v. Goldsberry, 2017 U.S. Dist. LEXIS 199446 (D. Md. Dec. 4, 2017). Defendant … Continue reading

Posted in Informant hearsay, Nexus | Comments Off

E.D.Mich.: Def was alleged to be involved in a pill mill, but SW was for his home; affidavit showed nexus to home for instrumentalities of crime

Police got a search warrant for defendant’s home in a pill mill case. “This affidavit did not attempt to establish probable cause to believe Knight was conducting prescription drug deals at his home. Instead, it attempted to establish probable cause … Continue reading

Posted in § 1983 / Bivens, Nexus | Comments Off

MA: Nexus shown between murder and def’s computer having relevant evidence on it

The state showed nexus to defendant’s laptop and the victim’s murder. Defendant had forged documents on a computer before, and it was reasonable to conclude that similar events happened here by defendant’s hand. Defendant was well experienced in using computers … Continue reading

Posted in Computer searches, Nexus | Comments Off

E.D.Mich.: Def driving back to his house after a drug sale establishes nexus to the house

Driving back to one’s house after a drug sale establishes nexus to the house. United States v. Rich, 2017 U.S. Dist. LEXIS 173634 (E.D. Mich. Oct. 20, 2017). Defense counsel wasn’t ineffective for not moving to suppress defendant’s stop which … Continue reading

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M.D.Pa.: The fact def’s cell phone was used to call the CI was PC for search of the phone

Nexus was shown for defendant’s cell phone: “The affidavit described various calls made between the CI and defendant regarding the planning of the jewelry store robbery, the dates of the calls, as well as discussions about how the firearm needed … Continue reading

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IL: PC for house comes from man leaving house in car registered at house to do a drug deal

There was a substantial basis for finding probable cause for a search warrant for defendant’s house where a man left the house to proceed directly to a drug transaction and the car was registered at that address. That’s sufficient nexus … Continue reading

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TX14: Argument that arrest violated 4A wasn’t specific enough to preserve lack of PC

Arguing that one’s arrest violated the Fourth Amendment didn’t preserve his lack of probable cause claim on appeal. Doremus v. State, 2017 Tex. App. LEXIS 7702 (Tex. App. – Houston (14th Dist.) Aug. 15, 2017). The affidavits in support of … Continue reading

Posted in Burden of pleading, Burden of proof, Nexus | Comments Off

Army CCA: Def showed IAC from defense counsel’s decision to forgo a motion to suppress; failure to show nexus was unreasoned and entitled to no Strickland deference

Defendant on post-conviction showed that trial defense counsel’s decision to forgo a motion to suppress for failure to show nexus was unreasoned and entitled to no Strickland deference. United States v. Close, 2017 CCA LEXIS 432 (Army Ct. Crim. App. … Continue reading

Posted in Ineffective assistance, Nexus | Comments Off

E.D.Va.: There is no higher nexus requirement involving cell phone data and tracking

There is no higher nexus requirement involving cell phones. A ping order of a cell phone may be used to collect “mere evidence,” rejecting United States v. Powell, 943 F. Supp. 2d 759 (E.D. Mich. 2013). United States v. Christian, … Continue reading

Posted in Cell phones, Cell site location information, GPS / Tracking Data, Nexus | Comments Off