CA3: Inference of nexus to property in drug cases

Inference of nexus to property drug cases in CA3: “[T]he Third Circuit has established a test for district courts to assess the reasonableness of such an inference—the so-called Burton standard. The ‘application of this inference is based on evidence supporting three preliminary premises: (1) that the person suspected of drug dealing is actually a drug dealer; (2) that the place to be searched is possessed by, or the domicile of, the dealer; and (3) that the home contains contraband linking it to the dealer’s drug activities.’ United States v. Burton, 288 F.3d 91, 104 (3d Cir. 2002). [¶] Applying these three prongs, the Court finds that the affidavit supporting the search warrant here established the requisite nexus between the evidence sought and Mr. Adam’s home.” United States v. Adam, 2024 U.S. Dist. LEXIS 53459 (W.D. Pa. Mar. 26, 2024).*

Franks motion would fail without a hearing. “Defendant has proffered no evidence to support the position that the Government believed that its application had any errors or that it misled or deceived Judge Robreno, who presided over the search warrant application.” No ineffective assistance of counsel. United States v. Coles, 2024 U.S. Dist. LEXIS 53396 (E.D. Pa. Mar. 26, 2024).*