Category Archives: Nexus

WY: In felony domestic battery case, state showed nexus that evidence could likely be found in def’s journal

Defendant was convicted of strangulation of a family member. The family member reported to the police that he had been in counseling and was keeping a detailed journal trying to break the cycle of domestic abuse. The affidavit for the … Continue reading

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W.D.Ky.: Allowing theft from house after a search had a state remedy, so no § 1983 remedy

Plaintiff alleged the Sheriff’s Office, after a search, gave the keys to his place to a convicted felon who stole from him. He has a state remedy, not a § 1983 remedy. Stone v. Taylor Cty. Sheriff Dep’t, 2023 U.S. … Continue reading

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S.D.Miss.: Even suppressed drugs can be figured into drug weight for sentencing

Even if a motion to suppress had been pursued and defendant prevailed, suppressed drug weight can be used at sentencing. United States v. Coleman, 2023 U.S. Dist. LEXIS 10826 (S.D. Miss. Jan. 23, 2023). Pro se plaintiffs fail to state … Continue reading

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E.D.Pa.: Failure to specify in 2255 how 4A was violated is waiver

In a 2255 ineffective assistance claim, “Defendant fails to specify either how his Fourth Amendment rights were violated or what evidence counsel should have sought to suppress.” That alone is enough to deny. It’s denied on the merits, too. United … Continue reading

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CA3: Going from home to a drug deal is nexus to the home

“Contrary to Torres’ arguments, when an individual is suspected of dealing narcotics, probable cause to search his home does not demand a showing that he deals those narcotics at his home. The common-sense likelihood that drug dealers keep evidence of … Continue reading

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CA6: Erroneous LEO database info still justified stop

Officers had information from the state DL and LPN database that defendant’s car had no insurance. That justified the stop even if it turned out to be erroneous. United States v. Conley, 2023 U.S. App. LEXIS 856 (6th Cir. Jan. … Continue reading

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CA6: Water heard running in hotel room bathroom supported exigency for avoiding destruction of evidence

Water heard running in the bathroom of a hotel room justified entry to avoid potential destruction of evidence. United States v. Hill, 2023 U.S. App. LEXIS 785 (6th Cir. Jan. 11, 2023). Defendant’s Franks challenge doesn’t undermine the two critical … Continue reading

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CA5: No suppression for no-knock violation

There is no suppression remedy for an unjustified no-knock warrant. United States v. Bryant, 2023 U.S. App. LEXIS 355 (5th Cir. Jan. 6, 2023). Defendant didn’t enter a conditional plea, so his guilty plea waived his Fourth Amendment claim. United … Continue reading

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CA6: Govt completely failed to show nexus or PC thus no GFE

The affidavits supporting the records warrant for defendant’s home did not establish nexus between his alleged drug activity, drug records, and his address. Also, the affidavit did not allege that defendant dealt drugs from the house or that he even … Continue reading

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Nevada recognizes a private right of action for violation of the state constitution’s search and seizure guarantee

Nevada recognizes a private right of action for violation of the state constitution’s search and seizure guarantee. Plaintiff sued in federal court for a strip search going into a prison that produced nothing and also resulted in her being barred … Continue reading

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CA6: Affidavit circumstantially supported nexus

There was nexus to defendant’s home as a base of operations for drug sales based on circumstantial evidence in the affidavit for warrant. United States v. Pointer, 2022 U.S. App. LEXIS 35506 (6th Cir. Dec. 20, 2022).* The search warrant … Continue reading

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W.D.Tenn.: Merely saying in SW affidavit drug dealers usually keep stuff at home isn’t nexus; but GFE applies anyway

Merely alleging in a search warrant application that drug dealers usually keep drugs at home does not satisfy the nexus requirement. It does, however, satisfy the good faith exception. Motion to suppress denied. United States v. Neal, 2022 U.S. Dist. … Continue reading

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AF: Download of CP via Kik app permitted search of other storage devices it could have been transferred to

In this child pornography case, the initial probable cause was downloading it via the Kik app. The warrant included other electronic devices. Defendant’s argument that only smartphones could be searched is rejected. It was logical that images could have been … Continue reading

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N.D.Ohio: Proving nexus to an alleged drug dealer’s home

Proving nexus to an alleged drug dealer’s home discussed in United States v. Stafford, 2022 U.S. Dist. LEXIS 210032 (N.D. Ohio Nov. 18, 2022):

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N.D.Tex.: Officers don’t have to say they have PC before an automobile exception search

The officers didn’t say they had probable cause at the beginning of the search of the vehicle, but on the totality they did. United States v. Wesley, 2022 U.S. Dist. LEXIS 200320 (N.D. Tex. Nov. 3, 2022).* The Fourth Amendment … Continue reading

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CA11: Can’t force a Franks hearing by mandamus; there’s a right to appeal

“Spencer’s claim for mandamus relief is frivolous. Liberally construing his mandamus petition, Spencer appears to seek an order directing the district court to hold a Franks hearing in his underlying criminal case in relation to the seizure of evidence used … Continue reading

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CA5: Multiple cell phones found with a quantity of drugs creates inference phones are for drug trafficking

When multiple cell phones and drugs are found together in a car, it’s a reasonable conclusion the cell phones are related to drug trafficking. The search of the phones reasonably led to child porn. United States v. Morton, 2022 U.S. … Continue reading

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E.D.Pa.: Work product privilege in product of a SW is burden of defense

A special master reviewed the product of the search warrant for work product materials. The defendants have the burden of proof on work product, and they didn’t meet it. United States v. Vepuri, 2022 U.S. Dist. LEXIS 151833 (E.D. Pa. … Continue reading

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N.D.Ohio: PC showing raises the inference a cell phone was involved in crime for SW

“The affidavit also attempts to establish the link between the use of cell phones and the drug trafficking under investigation. Metzger’s warning to McFaul on social media, which presumably was accomplished through the use of an electronic device like a … Continue reading

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D.Mass.: Being leader of a DTO can show nexus

Mere membership in a conspiracy of a drug trafficking organization does not show nexus to that conspirator’s home. Being the leader, however, does. United States v. Mubarak, 2022 U.S. Dist. LEXIS 133244 (D. Mass. July 27, 2022):

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