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 caption. United States v. Parker, 2017 U.S. Dist. LEXIS 214887 (N.D. Iowa Dec. 6, 2017) (R&R):

I think in this case such an inference is a bridge too far. In both Hunter and Moultrie, there was at least an assertion that the address was the defendant’s address. This is not a case, such as the government cites, involving a mere typographical error. (Doc. 43-1, at 12-13 n.7 (citing United States v. Butler, 594 F.3d 955, 961-62 (8th Cir. 2010)). Here, one may draw only an inference that the address listed in the caption below defendant’s name was his address. Nothing in the application asserted that fact, let alone established that fact. I find the search warrant so facially deficient that I do not believe any police officer could reasonably believe it established probable cause to search the residence, regardless of whether a judge signed the warrant. Leon, 468 U.S. at 923. Therefore, I respectfully recommend that the Court suppress the evidence seized from defendant’s residence.

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