Category Archives: Nexus

D.Minn.: No nexus whatsoever between offense and evidence sought and place to be searched; therefore, no GFE

There was no nexus shown at all between the affidavit for the search warrant between the evidence sought and the place to be searched. The good faith exception doesn’t rescue the search here because the affidavit is, in fact, so … Continue reading

Posted in Good faith exception, Nexus, Probable cause | Comments Off on D.Minn.: No nexus whatsoever between offense and evidence sought and place to be searched; therefore, no GFE

S.D.Tex.: SW for entire cell phone in auto burglary is suppressed as both without nexus and overbroad

An arrest warrant doesn’t give authority to search a cell phone with the arrest. After a search warrant was issued for the phone for the crime of auto burglary, there is no nexus to the crime, and the search warrant … Continue reading

Posted in Cell phones, Nexus, Overbreadth, Particularity | Comments Off on S.D.Tex.: SW for entire cell phone in auto burglary is suppressed as both without nexus and overbroad

PA: Officer safety was not presumed to be exigency where def did nothing to warrant fear he’d use a weapon by merely refusing consent and walking away

Exigency of officer safety did not permit officers to search defendant’s garage. They came without a search warrant to arrest a third person. Defendant denied anyone else was there, refused to consent to a search, and turned and walked away. … Continue reading

Posted in Emergency / exigency, Nexus | Comments Off on PA: Officer safety was not presumed to be exigency where def did nothing to warrant fear he’d use a weapon by merely refusing consent and walking away

DE: Vague CI information and lack of nexus to def’s home required suppression

There was no substantial basis for a finding of probable cause for this search warrant. Not only were the credibility and reliability of the informant questionable, but the tip was overly broad and made no mention of defendant’s residence and … Continue reading

Posted in Ineffective assistance, Informant hearsay, Nexus | Comments Off on DE: Vague CI information and lack of nexus to def’s home required suppression

E.D.Mich.: Health care fraud SW also reached def’s home because related mail was received there

In a health care fraud case, the fact some mail within the scheme came to defendant’s home was nexus for the search warrant including the home. “All of the items identified in the indictment were tied to or related to … Continue reading

Posted in Nexus | Comments Off on E.D.Mich.: Health care fraud SW also reached def’s home because related mail was received there

D.Md.: Recorded call about a murder was PC for search of phone for evidence of the call

A recorded telephone call with the defendant allegedly discussing a murder supported probable cause to search his cell phone for evidence of the call. United States v. Worthy, 2019 U.S. Dist. LEXIS 56275 (D. Md. Apr. 2, 2019). Defendant was … Continue reading

Posted in Cell phones, Nexus, Probable cause | Comments Off on D.Md.: Recorded call about a murder was PC for search of phone for evidence of the call

DE: No nexus shown between cell phone and the crime under investigation

The search warrant application didn’t show a nexus between the phone and the crime under investigation. State v. Reese, 2019 Del. Super. LEXIS 140 (Mar. 18, 2019):

Posted in Cell phones, Nexus | Comments Off on DE: No nexus shown between cell phone and the crime under investigation

D.Me.: Nexus for a cell phone SW can be based on officer’s stated experience

In addition to specific facts, officers may state their experience that nexus in a cell phone can be found as to certain crimes, and courts should credit that if reasonable. United States v. Fogg, 2019 U.S. Dist. LEXIS 38498 (D. … Continue reading

Posted in Nexus | Comments Off on D.Me.: Nexus for a cell phone SW can be based on officer’s stated experience

S.D.W.Va.: Officers falsely swore def’s friend “lived or stayed there”; she visited after a small heroin deal, and there was no PC at all

Defendant was visited by a friend after an $80 heroin sale. There was no nexus to defendant’s house by the friend who’d only visited a few times over a long period of time. The police also falsely swore that she … Continue reading

Posted in Franks doctrine, Nexus, Probable cause | Comments Off on S.D.W.Va.: Officers falsely swore def’s friend “lived or stayed there”; she visited after a small heroin deal, and there was no PC at all

W.D.Ky.: A customer leaving def’s house with a lot of drugs was nexus to def’s house

“Similarly, in this case, Charles Williams was discovered with a large amount of narcotics immediately after leaving the Target Apartment. … This incident alone is enough to establish a nexus to the Apartment to justify a warrant to search the … Continue reading

Posted in Nexus | Comments Off on W.D.Ky.: A customer leaving def’s house with a lot of drugs was nexus to def’s house

N.D.Ga.: No nexus shown for Facebook SW, but GFE applied

The District Court disagrees with the USMJ that there was probable cause and nexus for a search warrant for defendant’s Facebook page. But, reasonable judges disagree, and that is enough for the court to conclude that the good faith exception … Continue reading

Posted in Good faith exception, Nexus, Social media warrants | Comments Off on N.D.Ga.: No nexus shown for Facebook SW, but GFE applied

CA7: SW affidavit failed to show nexus, but it was close enough for GFE

The affidavit for a search warrant for a third person’s home where defendant spent a lot of time was deficient on showing nexus and defendant’s connection to it, but it otherwise showed probable cause. Actually, right after three controlled buys, … Continue reading

Posted in Emergency / exigency, Good faith exception, Nexus | Comments Off on CA7: SW affidavit failed to show nexus, but it was close enough for GFE