{"id":10019,"date":"2013-12-20T08:12:35","date_gmt":"2013-12-20T08:12:14","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-12-20T08:12:14","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10019","title":{"rendered":"TN: SW affidavit drug sales occurred \u201cat\u201d a house is not \u201cin\u201d the house; no nexus shown"},"content":{"rendered":"<p>The affidavit for search warrant said that sales of drugs occurred \u201cat 115 Emory Street\u201d not in, and the trial court correctly refused to assume nexus that it meant \u201cin\u201d because it could have been on the porch, in the yard, cars driving by. \u201cWithout more facts within the affidavit to tie Mr. Nightwine to the residence at 115 Emory Street, evidence of repeated sales by Mr. Nightwine cannot justify the search of the residence. The affidavit fails to establish a sufficient nexus between the criminal activity and the place to be searched. Accordingly, we conclude that the trial court did not err in granting the defendants&#8217; motion to suppress.\u201d <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/nightwinewesleybushrubyopn.pdf\">State v. Nightwine<\/a>, 2013 Tenn. Crim. App. LEXIS 1100 (December 17, 2013).<\/p>\n<p>Officers walked up to defendant\u2019s car to see if he knew anything about a shots fired call they were sent on, and they saw furtive movement down to the floorboard as they approached. They smelled burnt marijuana. \u201cIn sum, the Court is satisfied that the officers&#8217; stop and approach towards Defendant&#8217;s car were initiated as a consensual encounter that later became non-consensual by virtue of what the officers saw and smelled.\u201d United States v. Winston,  2013 U.S. Dist. LEXIS 177299 (S.D. Mich. December 18, 2013).*<\/p>\n<p>Trial court\u2019s crediting defendant\u2019s testimony that there was no basis for a traffic stop means it gets affirmed on appeal. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/9\/2013\/2013-ohio-5491.pdf\">State v. Liebling<\/a>, 2013-Ohio-5491, 2013 Ohio App. LEXIS 5726 (9th Dist. December 16, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=10019\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-10019","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10019","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10019"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10019\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10019"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10019"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10019"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}