DE: Nexus applies to vehicles; no showing car was involved in drugs, and no automatic search of drug def’s car

There must be nexus to search a drug defendant’s car. There is no automatic right to search it without some indication the car was involved in drugs. State v. Valentin, 2018 Del. Super. LEXIS 236 (May 29, 2018):

Even under this Court’s deferential review of the magistrate’s finding, the Court finds the allegations within the affidavit of probable cause insufficient to provide a nexus sufficient to justify the issuance of a warrant to search the vehicle. To permit a warrant to issue merely because the vehicle was registered in Mr. Valentin’s name and parked outside his Residence would sanction “virtually automatic” searches of the vehicles of any individual suspected of a drug crime. In its decision in Dorsey v. State, the Delaware Supreme Court made clear that such authorizations were impermissible: “that someone is a suspect does not constitute probable cause to search that suspect’s home or automobiles.” When law enforcement have probable cause to arrest a suspect for drug dealing, it may render the probability that contraband will be found amongst the suspect’s other possessions more likely but does not automatically confer probable cause to search the suspect’s home and automobile. The Court requires something more to sustain the magistrate’s finding of probable cause.

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