E.D.Ky.: While SW affidavit showed no PC, “some modicum of evidence” enough to avoid being “bare bones” for GFE

Defendant succeeded in showing that the R&R did not support the conclusion that the search warrant was issued with probable cause. It was clearly deficient, but the good faith exception still saves the warrant. “Despite failing to provide facts in the affidavit to have supported a finding of probable cause, Detective Gatson did provide ‘some modicum of evidence, however slight’ that evidence of criminal activity was present on Mr. Lewis’s electronic devices. … Accordingly, his affidavit cannot be deemed ‘bare bones’ as to preclude an application of good faith.” United States v. Lewis, 2022 U.S. Dist. LEXIS 46546 (E.D.Ky. Mar. 16, 2022).

The affidavit showed probable cause on the whole. Defendant’s claim of inconsistencies within it are not enough to overcome it. United States v. Duncan, 2022 U.S. Dist. LEXIS 46514 (E.D.Ky. Mar. 16, 2022).*

The confidential informant here was adequately corroborated to show probable cause. People v Forbes, 2022 NY Slip Op 01805, 2022 N.Y. App. Div. LEXIS 1720 (2d Dept. Mar. 16, 2022).*

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