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 affidavit for the search warrant failed to show nexus to the house. Nevertheless, the search warrant survives by the good faith exception. “The affidavit in this case connects defendant to the vehicle, the vehicle to the house, and the house to defendant. Washington confirms that these are the precise connections required to overcome the ‘so lacking in minimal indicia’ test in order for the good faith exception to apply. Washingon, 380 F.3d at 242-43. Accordingly, although this warrant lacked probable cause, the good faith exception is applicable in this case.” United States v. Elizondo, 2018 U.S. Dist. LEXIS 68232 (E.D. Mich. Apr. 24, 2018).

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