Officer\u2019s knowledge defendant would retaliate for a shooting plus his Facebook postings he was armed (\u201cstrapped\u201d) and was a known felon was probable cause for a search warrant for his dwelling. United States v. Poe, 2015 U.S. Dist. LEXIS 139748 (D.Minn. April 23, 2015), adopted 2015 U.S. Dist. LEXIS 139748 (D.Minn. Sept. 2, 2015):
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The Court finds that Sergeant Grahme’s affidavit established a fair probability that a firearm would be located at the 8xxx Zane Avenue North apartment. The affidavit set forth Sergeant Grahme’s general training and experience in investigating weapons and gangs, and his investigation of Defendant. The affidavit described Defendant’s membership in the YNT street gang and relayed that he was a convicted felon. According to information Sergeant Grahme obtained and set forth in the affidavit, Defendant had been shot recently in two gang-related shootings, and there was a high chance he would retaliate. The affidavit further described Defendant’s postings on Facebook, in which Defendant indicated he had a handgun and would be keeping it on or near him. This information provided the issuing judge with recent information that Defendant possessed a firearm and intended to use it, both of which could constitute criminal activity. Thus, the requisite nexus between the item to be seized and criminal behavior was well-established.<\/p>\n
The affidavit also described Defendant’s connections to the 8xxx Zane Avenue apartment. Not only did Defendant’s girlfriend live there, but a record located by Sergeant Grahme showed that Defendant also lived there. …<\/p><\/blockquote>\n
Typical Facebook idiocy. That’s why criminal defense lawyers need to tell clients to shut down their Facebook pages as soon as retained.<\/p>\n","protected":false},"excerpt":{"rendered":"
Officer\u2019s knowledge defendant would retaliate for a shooting plus his Facebook postings he was armed (\u201cstrapped\u201d) and was a known felon was probable cause for a search warrant for his dwelling. United States v. Poe, 2015 U.S. Dist. LEXIS 139748 … Continue reading