\u201cIn similar situations to the second transaction, federal courts have upheld the validity of the warrant to search a drug dealer’s premises based on the \u2018common sense\u2019 inference that drugs would be found in the home, essentially finding that evidence of the defendant leaving the house, directly proceeding to the site of the drug buy, and then immediately returning to the same house demonstrates that the house was essentially used as the defendant’s base of operations. [citations omitted] Harris has not discussed nor given any reasons to distinguish that line of authority, especially as it pertains to the second controlled buy. Harris’s avoidance of discussing the totality of the case authority surrounding the Fourth Amendment and controlled-buy transactions limits our review.\u201d State v. Harris, 2024-Ohio-5807 (8th Dist. Dec. 12, 2024).*<\/p>\n\n\n\n
\u201cThere are three recognized ways a plainti\ufb00 can show that a law is clearly established. \u2026 First, by pointing to a case with materially similar facts decided by the Supreme Court, the Eleventh Circuit, or the highest court of the relevant state. \u2026 Second, by showing \u2018a broader, clearly established principle should control the novel facts in this situation.\u2019 \u2026 This principle must be \u2018specific enough to give the o\ufb03cers notice of the clearly established right.\u2019 \u2026 Finally, \u2018the plainti\ufb00 can show that the conduct at issue so obviously violated the Constitution that prior case law is unnecessary.\u2019\u201d Plaintiff fails to show a constitutional violation or that it was clearly established. Metz v. Bridges, 2024 U.S. App. LEXIS 31566 (11th Cir. Dec. 12, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cIn similar situations to the second transaction, federal courts have upheld the validity of the warrant to search a drug dealer’s premises based on the \u2018common sense\u2019 inference that drugs would be found in the home, essentially finding that evidence … Continue reading