Category Archives: Nexus

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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D.Minn.: Search of house for drug trafficking revealed a surveillance system and DVR; it was reasonable to conclude evidence of trafficking would be on it too for a separate SW

When executing a search warrant for drugs and guns, founded on a strong showing of probable cause, and the police finding pounds of methamphetamine and multiple firearms, discovery of surveillance cameras and a DVR not connected to a satellite or … Continue reading

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CA10: SW affidavit was detailed, and Franks challenge targeted def’s being in pen during conspiracy; not shown reckless under Franks and GFE applies

Officers obtained a search warrant for defendant’s house for evidence of drug dealing for his being involved with a gang for years. The affidavit was detailed except that it only suggested defendant’s and another’s incarceration for eight years in the … Continue reading

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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

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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

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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

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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

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