Category Archives: Nexus

CA1: SW for guns on 4 mo old information wasn’t stale

Defendant was a reputed Boston mobster on the lam in Idaho with a different name. Police were tipped off to his location, interviewed neighbors learning about guns, and then allegedly went to his house and peeked in the window. Even … Continue reading

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D.Nev.: There is no co-conspirator standing

Defendant was charged as a co-conspirator in a drug conspiracy involving a warehouse. He makes no effort to show his individual standing, and being a co-conspirator isn’t enough. United States v. Galecki, 2016 U.S. Dist. LEXIS 185667 (D. Nev. Sept. … Continue reading

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CA11: No nexus shown for cell phone SW, but def was on probation, so inevitable discovery applies

Cell phone search warrant failed to show nexus between the phone and the alleged crime. In considering remedy, the court decides not to apply the good faith exception and instead goes with inevitable discovery. Defendant was on probation and there … Continue reading

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E.D.Mich.: It’s a reasonable inference that stolen property will be at the robber’s home

As to nexus, it is reasonable to infer that the proceeds of a robbery are kept at the home of the robber. Also, “The affidavits need not prove that the belief that contraband or evidence of a crime will be … Continue reading

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CA9: ATF officer’s SW affidavit said dealers of illegal drugs and guns often use cell phones showed nexus; recording phone’s SN at book-in wasn’t unreasonable

Noting in the affidavit for search warrant that defendant was allegedly involved in drug and gun sales and that drug dealers regularly use cell phones was enough to get a search warrant for his cell phones contents. Recording the serial … Continue reading

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DE: Just being involved in a shooting doesn’t give nexus to search a cell phone

The state here failed to show nexus between defendant’s cell phone and a shooting incident. In addition, the search warrant lacked all particularity — it sought to search three cell phones for data and calls without time limit or scope. … Continue reading

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WA: There must be a nexus between the scope of a parole search and what is being looked for

“¶17 We agree with [State v. Jardinez, 184 Wn. App. 518, 338 P.3d 292 (2014)] that the [Sentencing Guidelines] Commission’s comment is strong evidence that the legislature intended that there must be a nexus between the suspected violation and the … Continue reading

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TN: “Nexus” applies to PC and automobile exception

The nexus requirement of probable cause and the place to be searched applies to automobile exception searches. Here, the question is close, but the court concludes there was a showing of nexus between the vehicle and the offense. State v. … Continue reading

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D.Minn.: IP address and alleged crime was sufficient nexus to def’s electronic devices

Somehow linking defendant’s address to an IP address in an investigation of use of the internet is nexus if there is otherwise probable cause to search electronic devices at defendant’s address. (How it was obtained isn’t all that important. The … Continue reading

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N.D.Cal.: Going home after a drug sale from one’s van is nexus for SW for house

Defendant sold drugs from his van, but nexus was shown to his home. “[T]he fact that Johnson left his van and entered his home soon after completing a sale (the controlled sale observed here) provides a reasonable nexus between his … Continue reading

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NC: Nexus is a PC question also shown by reasonable interences

It was logical to conclude that two brothers were drug dealers: they lived together which one lied about where he lived, one of them had a truck registered there, and a fair inference on the totality was that evidence of … Continue reading

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E.D.Mich.: Attempt to show nexus was “bare bones,” and GFE doesn’t apply

Defendant was suspected of a robbery, and he had some thin connection to a house he’d been kicked out of because of a domestic dispute. He’d been seen taking the trash out and his car was there once. The court … Continue reading

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