CA6: GFE applies to evidence of nexus, too

While this court has struggled with what is sufficient nexus, the evidence of nexus here is more than minimal and clearly satisfies the good faith exception, too. United States v. Ardd, 2018 U.S. App. LEXIS 35389 (6th Cir. Dec. 18, 2018):

As a few of our decisions confirm, we have struggled to identify the quantum of evidence needed to connect drug trafficking by an individual to a probability that evidence will be found at the individual’s residence. … Some cases suggest a bright-line rule—that adequate evidence of the one amounts to probable cause of the other. … Other cases require independent evidence tying the residence to drug activity to infer that it will contain evidence of drug trafficking. … We need not enter these frothy waters and pass on the validity of this warrant because the government met the Leon good-faith exception anyway. Still, it goes without saying—almost—that what police officers need to do to satisfy constitutional minimums in this arena is not invariably all they should do.

Good-faith reliance on an affidavit under Leon needs a “minimally sufficient nexus” between the site of the search and the evidence sought. Carpenter, 360 F.3d at 596. And it is not entirely unreasonable for an officer to infer a connection between evidence of drug trafficking and a drug dealer’s home. See, e.g., Gunter, 551 F.3d at 481-82. All that’s required in the Leon context are facts that show a nexus and that are not “so vague as to be conclusory or meaningless,” Carpenter, 360 F.3d at 596—all less than what’s needed to show probable cause.

Case after case finds good-faith reliance in similar settings. …

Plenty of evidence supported the officers’ good-faith belief that probable cause existed. …

This case is leaps and bounds from cases that fall short of eligibility for the Leon good-faith exception. …

This entry was posted in Good faith exception, Nexus. Bookmark the permalink.

Comments are closed.