{"id":5934,"date":"2011-08-24T22:44:20","date_gmt":"2011-08-24T22:41:36","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-08-24T22:41:36","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5934","title":{"rendered":"N.D.Ga.: PC from buys and defendant having a lot of money and no other legitimate source of income"},"content":{"rendered":"<p>The affidavit for the search warrant was based on probable cause which included information from sales to CIs and the fact defendant had a huge amount of cash, just bought a big house, and had no apparent source of income. United States v. Shirley, 2011 U.S. Dist. LEXIS 93517 (N.D. Ga. July 7, 2011), adopted 2011 U.S. Dist. LEXIS 93505 (N.D. Ga. August 22, 2011)*:<\/p>\n<blockquote><p>Considering the totality of the circumstances in this case, the affidavit provided the issuing judge with sufficient probable cause to believe that contraband or evidence of Shirley\u2019s narcotics trafficking would be found at Shirley\u2019s recently purchased residence. First, the affidavit clearly established probable cause that Shirley was engaged in narcotics trafficking. He sold trafficking amounts of cocaine on three occasions to CS#2 over a short period time. In addition, during this same period of time, Shirley did not have verifiable lawful employment, and yet he purchased a residence valued at over a half a million dollars and drove expensive automobiles. See United States v. Butler, 102 F.3d 1191, 1198 (11th Cir. 1997) (concluding that totality of circumstances, including analysis of defendant\u2019s finances showing a large amount of unexplained wealth, amounted to probable cause to issue search warrant); see also United States v. Edwards, 885 F.2d 377, 390 (7th Cir. 1989) (stating in a forfeiture case that \u201cwhere a defendant\u2019s verifiable income cannot possibly account for the level of wealth displayed and where there is strong evidence that the defendant is a drug trafficker, then there is probable cause to believe that the wealth is either a direct product of the illicit activity or that it is traceable to the activity as proceeds\u201d).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5934\">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-5934","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5934","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=5934"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5934\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5934"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5934"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5934"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}