E.D.Wis.: PC for a place can be shown by inference

Probable cause evidence can be found in a particular place can be shown by inference, and direct evidence not required. United States v. Hayes, 2023 U.S. Dist. LEXIS 45203 (E.D. Wis. Jan. 17, 2023),* adopted, 2023 U.S. Dist. LEXIS 44211 (E.D. Wis. Mar. 16, 2023)*:

The Seventh Circuit “has consistently held that, for a search warrant, probable cause ‘does not require direct evidence linking a crime to a particular place.’” … “Rather, issuing judges may draw reasonable inferences about where evidence is likely to be found based on the nature of the evidence and the offense.” … “Thus, an affidavit submitted in support of a warrant application ‘need only contain facts that, given the nature of the evidence sought and the crime alleged, allow for a reasonable inference that there is a fair probability that evidence will be found in a particular place.'” … For example, the Seventh Circuit has recognized that, “[i]n the case of drug dealers, evidence is likely to be found where the dealers live.” …

Accordingly, the issue here is whether Officer Stachula’s affidavits provided sufficient information suggesting a fair probability that evidence of a crime would be found within the three properties. I find that they did.

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