E.D.Mich.: The affidavit for SW didn’t show nexus, but it wasn’t so lacking that GFE still didn’t apply

The court concludes that the government lacked nexus to defendant’s home for the search warrant because the proof was just lacking. It came down to two cases with similar but still sufficiently different facts reaching seemingly contradictory results on nexus. Nevertheless, the court just can’t conclude that the officer lacked a good faith basis for believing that there was probable cause. United States v. Butler, 2019 U.S. Dist. LEXIS 104672 (E.D. Mich. June 24, 2019).*

The dashcam video supports the trial court’s finding there was a factual basis for the stop of defendant’s car for following too close. The stop led to the officer smelling marijuana coming from the car, and that supported a search. State v. Holmes, 2019-Ohio-2485, 2019 Ohio App. LEXIS 2599 (3d Dist. June 24, 2019).*

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