M.D.Ala.: Controlled buy 4 days earlier leading to SW comes in under 404(b)

Defendant’s motion in limine about a controlled buy four days before the warrant is denied. It comes in under 404(b). United States v. Neal, 2023 U.S. Dist. LEXIS 37649 (M.D. Ala. Mar. 7, 2023).

“As already discussed at the motion hearing, the magistrate judge in this case reasonably relied upon Special Agent Brett J. Brandon’s affidavit when granting his search warrant application. … Having reviewed the affidavit in question, the court finds the document sufficiently complex and replete with interconnected factual observations to establish probable cause that a firearm may be located at Defendant’s residence. That is, the magistrate judge did not err in exercising his discretion to issue what was and remains a substantively valid search warrant.” And even if there isn’t actual probable cause, the good faith exception applies. United States v. Berrios-Benson, 2023 U.S. Dist. LEXIS 37815 (E.D. Mich. Mar. 7, 2023).*

The government isn’t opposed to return of most property after execution of the warrant. As to a computer, the government has 14 more days to articulate its position on it. United States v. Tello, 2023 U.S. Dist. LEXIS 37564 (E.D. Tex. Feb. 9, 2023).*

This entry was posted in Admissibility of evidence, Good faith exception, Probable cause, Rule 41(g) / Return of property. Bookmark the permalink.

Comments are closed.