The affidavit for the search warrant for defendant\u2019s car failed to show nexus to the crime under investigation, but it wasn\u2019t \u201cbare bones\u201d so the court applies the good faith exception to sustain it. United States v. Fletcher, 2016 U.S. Dist. LEXIS 148630 (E.D.Mich. Oct. 27, 2016).<\/p>\n
A justifiable delay of eight minutes occurred during defendant\u2019s stop waiting for dispatch to send a picture of the person matching the identifiers of the driver when the information NCIC returned said he had likely been previously deported for an aggravated felony and was involved in gang activity in Houston. For probable cause to exist, the officers don\u2019t have to know whether defendant had reapplied to the Attorney General for readmission into the U.S. [something highly unlikely in any event]. United States v. Jimenez-Delatorre, 2016 U.S. Dist. LEXIS 142699 (D.Kan. Oct. 14, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The affidavit for the search warrant for defendant\u2019s car failed to show nexus to the crime under investigation, but it wasn\u2019t \u201cbare bones\u201d so the court applies the good faith exception to sustain it. United States v. Fletcher, 2016 U.S. … Continue reading