W.D.Ky.: Failure to show nexus to place to be searched violated Fourth Amendment, and no GFE here, either

An affidavit for search warrant that showed utterly no connection to the place to be searched lacked probable cause. And, it was so lacking in probable cause that the good faith exception did not apply. United States v. Bautista, 2012 U.S. Dist. LEXIS 39222 (W.D. Ky. March 22, 2012):

To establish probable cause, the affidavit must have indicated why evidence of illegal activity would be found at the particular place to be search-Lot #78. The affidavit does not do so. Like in Laughton, the affidavit in this case neither indicated that Lot # 78 was Bautista’s residence nor indicated that the drug sales described by Copeland occurred at Lot # 78. Instead, the affidavit states only that the drug sales occurred at Bautista’s residence, and then lists Lot # 78 as the place to be searched. The government contends that, given all the circumstances of Copeland’s information and the detailed description of the place to be searched, the inference can be made Lot #78 is Bautista’s residence. However, the government’s argument is to no avail because the affidavit contains no evidence from which such an inference could be made. The single paragraph setting forth the factual details fails to even mention Lot #78. Accordingly, probable cause to search the residence located at Lot #78 was not established because the affidavit submitted to obtain the warrant did not explain the significance or the relevance of searching the home located at this particular location. See United States v. Hove, 848 F.2d 137, 139 (9th Cir. 1988) (finding no probable cause where the affidavit failed to provide any nexus between the residence and the illegal activity).

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Likewise, here, the affidavit simply lists an address of the premises to be searched, and states Copeland’s allegations regarding the fact that he regularly purchased methamphetamine from Bautista at his home. There is not even a “modicum of evidence” linking the criminal activity described by Copeland and Lot #78. Cf. United States v. Van Shutters, 163 F.3d 331, 337 (6th Cir. 1998) (applying good faith exception where affidavit for search warrant neglected to indicate why the affiant believed the defendant had any connection to the residence, but did state that the rooms in the residence were available to the defendant). Importantly, the affidavit did not state any evidence linking Bautista to Lot #78 and did not even state that Bautista resided at Lot #78. No reasonable officer could have believed that the affidavit was not so lacking in indicia of probable cause as to be reliable. Although the Court does not find that the law enforcement officers acted in bad faith, it nonetheless must conclude that the Leon good faith exception does not apply.