W.D.Pa.: SW affidavit showed def as a guest of the place searched; the govt essentially conceded his standing there

During a protective sweep of the premises, the officers’ observation of a dinner plate covered with heroin could be included in the affidavit for search warrant. The affidavit for the search warrant mentioned a cell phone linked to defendant, and that gave the defendant was staying at the place searched at least as a guest. The government’s affidavit gives standing. The search, however, was otherwise lawful. United States v. Ginyard, 2019 U.S. Dist. LEXIS 8797 (W.D. Pa. Jan. 18, 2019).

If the information from the identified CI is deemed credible, defendant admits there would be probable cause. It is. The good faith exception does not need to be reached. United States v. Austin, 2019 U.S. Dist. LEXIS 8253 (D. N.H. Jan. 17, 2019).*

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