Category Archives: Nexus

DE: A visitor’s car parked outside a house being raided wasn’t enough to search it; here, however, the keys were found next to heroin inside, and that was enough

Defendant’s vehicle was parked outside of a house where a search was going down. Merely being outside isn’t cause to search the car. Finding the keys next to heroin inside was because that provided nexus to the drugs in the … Continue reading

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PA: Information from CI’s recording in the home not suppressible even though full conversation might be

Recordings made in defendant’s house were not relied upon in issuing the search warrant for his house, so they can’t be a basis of suppression under the wiretap statute. As a Fourth Amendment matter, under Hoffa, the recordings made inside … Continue reading

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NJ: “Hot pursuit” into a home to seek an iPhone via the find phone application was unreasonable

“Hot pursuit” into a home to seek an iPhone via the find phone application was unreasonable. Here, however, there was a private search by defendant’s brother, and the exclusionary rule doesn’t apply. State ex rel. J.A., 2018 N.J. LEXIS 713 … Continue reading

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DE: Nexus applies to vehicles; no showing car was involved in drugs, and no automatic search of drug def’s car

There must be nexus to search a drug defendant’s car. There is no automatic right to search it without some indication the car was involved in drugs. State v. Valentin, 2018 Del. Super. LEXIS 236 (May 29, 2018):

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WV: Search of def on the premises of a place searched by SW was unreasonable without a showing of his nexus; merely being there isn’t nexus

Search of defendant found on the premises of a search of another person’s property was unreasonable because there was no shown nexus to him and the crime under suspicion. Even the occupants of the property weren’t named in the search … Continue reading

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M.D.Tenn.: SW affidavit didn’t sufficiently show nexus, but not so lacking that GFE didn’t apply

The affidavit for the search warrant here failed to show nexus to defendant’s house under Sixth Circuit precedent. It was sufficient, however, for the good faith exception to apply because the affidavit was not so lacking in information that reliance … Continue reading

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CA4: It’s a reasonable inference that evidence of bank fraud will be found at home

It is a reasonable inference that records of bank fraud would be found in defendant’s home because it is usually kept for many years. The officer stated this in the affidavit for the search warrant as based on his experience, … Continue reading

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E.D.Wis.: Showing of nexus was not bare bones; it was a reasonable inference on totality

The showing of nexus was thin, but not bare bones, and it was reasonable to infer that evidence of three robberies would be found where he was staying with his girlfriend. There clearly was probable cause to arrest him in … Continue reading

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CA4: Firearms are usually kept at home, and nexus was shown

The only inference that can be drawn from the affidavit is that there was a firearm in defendant’s house, and this satisfied the nexus requirement. Firearms are usually kept in the home. Because the affidavit showed probable cause, the good … Continue reading

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NC: Affidavit’s complete failure to show nexus required suppression

The affidavit for the search warrant completely failed to link defendant to the place to be searched, and the trial court erred in not suppressing the search. State v. Lewis, 2018 N.C. App. LEXIS 442 (May 1, 2018):

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E.D.Mich.: No PC for nexus to def’s house, and no GFE

The affidavit failed to show probable cause for nexus to defendant’s house. It was so devoid of probable cause that the good faith exception does not apply. United States v. Myles, 2018 U.S. Dist. LEXIS 69373 (E.D. Mich. Apr. 25, … Continue reading

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E.D.Mich.: Affidavit for SW failed to show nexus, but GFE was enough to save it

“The bare assertion that defendant departed his home prior to engaging in a drug transaction does not ‘directly connect the residence with the suspected drug dealing activity.’ Id.” Peffer, 880 F.3d at 272-73 (quoting Brown, 828 F.3d at 383-84). The … Continue reading

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