D.Minn.: Nexus for a suspect’s home is based on “common sense” appeal of the inference evidence may be found there

Nexus for a suspect’s home is based on “common sense” appeal of the inference evidence may be found there after a crime elsewhere. United States v. Morris, 2012 U.S. Dist. LEXIS 175977 (D. Minn. December 12, 2012):

Morris argues that there was insufficient evidence of a nexus between Morris’s home and the evidence expected to be found. The Eighth Circuit has noted:

Although there must be evidence of a nexus between the contraband and the place to be searched before a warrant may properly issue, we have held that an officer executing a search warrant may rely in the permissibility of the issuing judge’s inference that such a nexus exists when that inference has common sense appeal.

United States v. Houston, 665 F.3d 991, 995 (8th Cir. 2012) (citations and internal quotation marks omitted) (emphasis added). The Court concludes that, here, there was common sense appeal to the inference that evidence related to the shooting would be found in Morris’s home. Connor detained Morris between the shooting site and his home, “directly on the opposite side” of his home, making it reasonable to assume his home was where he came from on his way to the shooting and where he was going. Under these circumstances, it was reasonable to infer that evidence related to the crime existed in Morris’s home. See United States v. Summage, 481 F.3d 1075, 1078 (8th Cir. 2007) (finding it reasonable to infer that the defendant would have a video and photographs at his new residence where “it could be presumed that [the defendant] would maintain in his possession the video and photographs”). Specifically, the warrant sought latex gloves, firearms/ammunition, and evidence of gang affiliation, which were items that could be reasonably expected to be found in his home and not left at the scene of the crime. Accordingly, the Court will deny Morris’s motion to suppress evidence stemming from the warrants.