{"id":2561,"date":"2008-12-24T09:49:24","date_gmt":"2008-10-18T07:01:17","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-10-19T07:08:24","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2561","title":{"rendered":"CA6: Nexus can be based on inference"},"content":{"rendered":"

“[C]ontinuing and related illegal firearm activity” showed nexus to the defendant’s house. It was a logical inference, not a direct fact. United States v. Williams<\/a>, 544 F.3d 683, 2008 FED App. 0378P (6th Cir. 2008):<\/p>\n

While Williams correctly asserts that the warrant affidavit never tied the .25 and .45 caliber handguns to the Tarnow Street residence, he overlooks the Government’s logical, and indeed legally correct, assertion that “it is reasonable to suppose that some criminals store evidence of their crimes in their homes, even though no criminal activity or contraband is observed there.” Here, the warrant application demonstrated “continuing and related illegal firearm activity,” from which the issuing judge could infer that evidence pertaining to the handguns would be found in Williams’s residence.<\/p>\n

A magistrate may infer a nexus between a suspect and his residence, depending upon “the type of crime being investigated, the nature of things to be seized, the extent of an opportunity to conceal the evidence elsewhere and the normal inferences that may be drawn as to likely hiding places.” United States v. Savoca<\/em>, 761 F.2d 292, 298 (6th Cir. 1985); see United States v. Hodge<\/em>, 246 F.3d 301, 305-06 (3d Cir. 2001) (noting that a court “is entitled to draw reasonable inferences about where evidence is likely to be kept, based on the nature of the evidence and the type of offense,” and holding that it was reasonable to infer that a suspected drug dealer would keep evidence of his crime at his residence (citation omitted)); United States v. Jackson<\/em>, 756 F.2d 703, 705 (9th Cir. 1985) (holding that it was a reasonable inference that a bank robber would keep stolen currency in his residence despite the passage of more than two months between the time of the robbery and the search).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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