CA4: It’s a reasonable inference that evidence of bank fraud will be found at home

It is a reasonable inference that records of bank fraud would be found in defendant’s home because it is usually kept for many years. The officer stated this in the affidavit for the search warrant as based on his experience, but it is still a reasonable inference. United States v. Lewis, 2018 U.S. App. LEXIS 11693 (4th Cir. May 4, 2018):

Relatedly, Lewis complains as part of her nexus and staleness arguments that the investigating officer’s statements in the affidavit about the record storage habits and practices of those engaging in financial frauds amount to “opinion” and “boilerplate” and “conclusory” claims that are insufficient to establish a specific connection between her residence and criminal fraud. We reject this contention because it “ignores the reasonable, commonsense inferences that an issuing [judge] is permitted to draw from the totality of the circumstances” before him in deciding whether to issue a search warrant. Richardson, 607 F.3d at 371.

Also, the court considered the good faith exception first because it essentially subsumes a basis for finding probable cause.