{"id":58231,"date":"2024-07-01T00:00:00","date_gmt":"2024-07-01T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=58231"},"modified":"2024-06-30T07:44:11","modified_gmt":"2024-06-30T12:44:11","slug":"ca3-en-banc-driving-to-controlled-buys-from-house-gave-pc-for-house","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58231","title":{"rendered":"CA3 en banc: Driving to controlled buys from house gave PC for house"},"content":{"rendered":"\n

Controlled buys that defendant drove to still gave probable cause for search of his house. The probable cause bar isn\u2019t that high. United States v. Sanders<\/a>, 2024 U.S. App. LEXIS 15832 (6th Cir. June 28, 2024) (en banc) (an unnecessarily long opinion of 60 pages with dissents and concurrences) (\u201cContrary to Sanders\u2019s belief, however, a warrant\u2019s shortcomings have not been due to the lack of direct evidence about the happenings inside the residence. Remember, if the evidence plainly establishes drug dealing at one\u2019s home, there is no need for an inference as to whether evidence of drug dealing will be found inside. So Sanders\u2019s suggestion that the warrant affidavit here had to include direct evidence of drug trafficking within the apartment simply misunderstands our case law.\u201d)<\/p>\n\n\n\n

\u201cBased upon our deferential review, we conclude that this was not a case in which Weprin made a strong preliminary showing that Kellar excluded information that was critical to the finding of probable cause with an intention to mislead the court. In other words, Franks was inapplicable.\u201d State v. Weprin, 2024-Ohio-2469 (2d Dist. June 28, 2024).*<\/p>\n\n\n\n

Probation and parole had the right to enter without justification for a compliance check. Seeing drugs in plain view justified a full search. United States v. Watson, 2024 U.S. App. LEXIS 15841 (5th Cir. June 28, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Controlled buys that defendant drove to still gave probable cause for search of his house. The probable cause bar isn\u2019t that high. United States v. Sanders, 2024 U.S. App. LEXIS 15832 (6th Cir. June 28, 2024) (en banc) (an unnecessarily … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21,38,20,58],"tags":[],"class_list":["post-58231","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-nexus","category-probable-cause","category-probationparole-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58231","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=58231"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58231\/revisions"}],"predecessor-version":[{"id":58232,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58231\/revisions\/58232"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58231"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58231"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58231"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}