Category Archives: Nexus

NY3: Building didn’t appear to be two units; SW for def’s dwelling, he answered door, and then they saw

The search warrant’s describing the dwelling as a single family dwelling when it was really two and defendant lived on the second floor didn’t make it overbroad. It did not appear to be a multi-unit dwelling and defendant answered the … Continue reading

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GA: Nexus shown where def left house and drove directly to controlled buy

Deleting the detective’s false statement from the affidavit that he had seen a black male with short dreadlocks in an SUV, the affidavit nonetheless provided probable cause to issue the warrant based on a controlled buy from defendant. The remainder … Continue reading

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S.D.W.Va.: SW for apartment five days after car was found nearby with PC inside it wasn’t stale

Defendant stopped at a DUI checkpoint, officers could see marijuana through the window, and then defendant fled the checkpoint. Officers gave chase. They found the car at an apartment complex, seemingly abandoned, parked with the door open and engine running. … Continue reading

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E.D.Pa.: Govt adequately showed nexus that drugs were in def’s house

The government adequately showed nexus to search defendant’s house because it showed probable cause to believe he was an active drug dealer that likely was keeping his stash at home. United States v. Rosario, 2018 U.S. Dist. LEXIS 23164 (E.D. … Continue reading

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E.D.Mich.: There was nexus for SW to def’s address from present and observed activities there

“In light of the above, there is a sufficient nexus between defendant and the Bunert address such that it was more likely than not that evidence of drug activity would be at the residence. Defendant was seen at Bunert both … Continue reading

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GA: Affidavit as a whole made nexus with clear inference sought after evidence would be found

The affidavit for the search warrant as a whole made a clear inference that the evidence sought would be in the defendant’s house. The rule adopted by the court of appeals is too broad, but the decision is still affirmed. … Continue reading

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D.Mass: Seeking CP from work computer created reasonable inference he’d have CP on home computer

The fact defendant sought out child pornography from his work computer, coupled with the fact he had internet access at home, made it a reasonable inference that child pornography would be on his home computer. United States v. Mantha, 2018 … Continue reading

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DE: Def’s texting victim was nexus to the cell phone

Defendant’s texting the victim gives nexus to the cell phone. There was a temporal limit on the warrant. State v. Rizzo, 2018 Del. Super. LEXIS 44 (Jan. 26, 2018) There was reasonable suspicion for seizure of a FedEx package from … Continue reading

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OH5: Meeting drug buyer, going home, returning to the place of sale was nexus to house

Defendant met a drug buyer, drove to his house, and reunited with the buyer for the transaction. This gives sufficient probable cause for nexus to house. State v. Detamore, 2018-Ohio-297, 2018 Ohio App. LEXIS 274 (5th Dist. Jan. 25, 2018). … Continue reading

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CA6: Computers, like guns, are usually kept at home, and that’s nexus for search of house for a computer [!?]

A computer, like a gun, is usually kept in the home, and a search warrant for a computer establishes nexus to search defendant’s house[!, really?]. Thus, there was no Fourth Amendment violation and alternatively there was qualified immunity. Peffer v. … Continue reading

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N.D.Iowa: There is no constitutional difference between a drug dog’s “alert” and “indication”

There is no constitutional difference between a drug dog’s “alert” and “indication.” The dog’s actions and what it means to the handler are just a factor in probable cause to search. United States v. Herbst, 2018 U.S. Dist. LEXIS 6516 … Continue reading

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N.D.Iowa: Affidavit for SW was wholly deficient in showing nexus, and GFE does not save it

The affidavit for the search warrant for defendant’s house failed to show nexus to his house, and the affidavit on nexus was so deficient it doesn’t satsify the good faith exception. About all there was on the document was the … Continue reading

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