D.Minn.: No nexus whatsoever between offense and evidence sought and place to be searched; therefore, no GFE

There was no nexus shown at all between the affidavit for the search warrant between the evidence sought and the place to be searched. The good faith exception doesn’t rescue the search here because the affidavit is, in fact, so lacking in probable cause nobody could rely on it. United States v. Lussier, 2019 U.S. Dist. LEXIS 75969 (D. Minn. May 6, 2019).

“The CS provided no information that there would be drugs in the BMW or the apartment – that information came from the on-going operation. Wade’s argument that asking for two of the usual could mean a table for two, or that asking for white girl could refer to legal escort businesses in Las Vegas, ignores Agent Nestor’s DEA training and experience interpreting terms used by the CS and Wade during the telephone calls. Police are not “required to eliminate all innocent explanations for a suspicious set of facts to have probable cause ….” Pennsylvania v. Dunlap, 555 U.S. 964 (2008).” United States v. Wade, 2019 U.S. Dist. LEXIS 75916 (D. Nev. Mar. 7, 2019).*

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