W.D.N.Y.: PC was shown in the affidavit; the possibility of another innocent explanation doesn’t undermine PC

There was probable cause for issuance of the search warrant for defendant’s house. The possibility of another explanation doesn’t mean there isn’t probable cause. “The defendant argues that the facts are equally consistent with the possibility that the narcotics were stored not at Tucker’s home but somewhere else and that Tucker had taken small amounts to his home—or kept them in his car—in each instance. But whether there might be an alternative explanation for the facts alleged is not the standard.” United States v. Tucker, 2019 U.S. Dist. LEXIS 89787 (W.D. N.Y. May 29, 2019).

“The passage of 12 days between the robbery and the date of the supporting affidavit is ‘not such a long period that it is likely that [Hughes] would have disposed of the gun,’ clothes, or other evidence sought in the warrant.” United States v. Hughes, 2019 U.S. Dist. LEXIS 88388 (E.D. Pa. May 23, 2019).* The gun and clothes are likely to be kept and still be there, even if proceeds of the robbery are not.

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