N.D.Miss.: Geofence warrant approved in 2018 USPS truck robbery

A geofence warrant is sustained on probable cause and particularity in a post office truck robbery where the driver was beaten in United States v. Smith, 2023 U.S. Dist. LEXIS 22944 (N.D. Miss. Feb. 10, 2023). While some later steps in the process were omitted, the court finds the good faith exception applies.

This affidavit for warrant was not “bare bones.” “Through a totality-of-the-circumstances inquiry, the affidavit here provided more than conclusory statements or boilerplate. The affidavit averred that the confidential informant had provided reliable and credible information in previous narcotics investigations and had observed crack cocaine in the hotel room within the 48-hour period before execution of the affidavit. See United States v. McKnight, 953 F.2d 898, 904-05 (5th Cir. 1992) (approving an affidavit as sufficient to support the good faith exception on similar facts). The affidavit provided specific facts and circumstances that allowed the issuing judge to make a probable cause determination regarding the search of the hotel room.” United States v. Harris, 2023 U.S. App. LEXIS 3236 (5th Cir. Feb. 9, 2023).*

“The Court again emphasizes, as it did at the conclusion of the second hearing, that this case presents a close call. The Court’s conclusion today should not be interpreted as an approval of all practices utilized by law enforcement here. The Court merely concludes, based on the specific facts before it, that the Government has shown by a preponderance of the evidence that there was reasonable suspicion to justify the stop.” United States v. Derryberry, 2023 U.S. Dist. LEXIS 22947 (N.D. Miss. Feb. 10, 2023).* [Tie goes to the runner (interpretation) [party with burden of proof?]. Official Baseball Rules 5.09(a)(10) (2022 ed.)]

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