Category Archives: Nexus

N.D.Ind.: Cell phones are “tools of the trade” of drug dealing, so nexus is minimal [actually, practically non-existent]

While cell phones are “tools of the trade” of drug dealing, they usually can be swept up in a search warrant for the premises. While that works in drug cases, there should be caution in other types of cases. United … Continue reading

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TN: Cell phone recently calling deceased and it being at scene of murder was nexus

The state showed nexus to defendant’s iPhone and the crime by known recent calls between the co-conspirators and the victim and the phone being at the scene of the crime. State v. Young, 2024 Tenn. Crim. App. LEXIS 397 (Sep. … Continue reading

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DE: Changing cell phones doesn’t defeat nexus

The state showed nexus and no staleness in warrant for defendant’s cell phone for pornography despite the fact he had a different phone at the time of the search. State v. Clark, 2024 Del. Super. LEXIS 619 (Aug. 29, 2024). … Continue reading

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N.D.Ohio: Cell phone next to seized drugs was nexus for SW

“In sum, the search warrant affidavit contained considerably more than the mere fact that Bell was arrested with the cell phone on his person. Rather, law enforcement found the cell phone on Bell’s person near ‘the very drugs’ he has … Continue reading

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TX: Court of Appeals required state to show more than necessary to show cell phone nexus; remanded

“To the extent that the court of appeals read our opinion in Baldwin necessarily to require, as a prerequisite of probable cause, that an affidavit must establish (1) use of the cell phone either during, or immediately before or after, … Continue reading

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OR: Lack of nexus from disconnected controlled buys

“We conclude that the facts in the affidavit did not create a sufficient nexus between the apartment and the suspected drug activity. The affidavit provided that during each of the controlled buys, one officer observed Phillips exiting the apartment, and … Continue reading

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E.D.N.Y.: Showing nexus to a cell phone

Showing nexus in a search warrant affidavit between defendant’s cell phone and the crime. How much of the officer’s opinion matters? United States v. Santos, 2024 U.S. Dist. LEXIS 133564 (E.D.N.Y. July 29, 2024):

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D.C.Cir.: SW for multiple cell phones was valid because all were shown to be involved

This search warrant for multiple cell phones showed enough that multiple cell phones were involved in the offense under investigation, and, thus, the warrant was not overbroad, distinguishing United States v. Griffith, 867 F.3d 1265 (D.C. Cir. 2017) where there … Continue reading

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D.Md.: Review of PC isn’t as skeptical as def requests

“Here, the affidavit easily meets the standard of probable cause. Defendants would require a level of skepticism that is not appropriate to the oversight at this juncture. The scheme to defraud was amply established by the affiant and so was … Continue reading

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CA5: The fact the officer was in an interstate highway drug interdiction team was unavailing because there was a lawful basis for the stop

“Rocha Nevarez’s argument that the stop was unlawful from the start because the trooper was part of a roving drug interdiction team is unavailing. The state trooper witnessed Rocha Nevarez drift over the fog line on eastbound Interstate 20 on … Continue reading

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CA6: Minimally sufficient nexus was GF for relying on SW

Relying on Sanders, decided June 28, the court concludes that a drug dealer’s home along with the slightest facts provides a good faith basis for searching with a warrant. United States v. Neal, 2024 U.S. App. LEXIS 15997 (6th Cir. … Continue reading

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E.D.Ky.: This knock-and-talk didn’t turn into a “constructive entry”

“Considering the totality of the circumstances, and for whatever reason the officers had for going to Defendant’s residence, the Court concludes that the knock and talk procedure used here did not give rise to a constructive entry. As discussed above, … Continue reading

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CA3 en banc: Driving to controlled buys from house gave PC for house

Controlled buys that defendant drove to still gave probable cause for search of his house. The probable cause bar isn’t that high. United States v. Sanders, 2024 U.S. App. LEXIS 15832 (6th Cir. June 28, 2024) (en banc) (an unnecessarily … Continue reading

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GA: SW for a physical nonperishable item wasn’t stale

In a child sex abuse case, the trial court erred in finding the warrant stale that a massaging tool used on the victim wouldn’t likely be there. It was a physical object and nonperishable. It was not stale. State v. … Continue reading

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D.Nev.: A website’s cookies linked def’s personal email address for nexus

In a criminal copyright case, cookies on website led to defendant’s business and personal email accounts, and that gave nexus to them for the warrant. “Under the totality of the circumstances, the Court finds that the search warrant reveals a … Continue reading

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CA10 dissent: Bivens on its last legs

CA10, Tymkovich, Circuit Judge, dissenting: Bivens is a relic of the 20th Century and it’s just a matter of time until it’s gone. Mohamed v. Jones, 2024 U.S. App. LEXIS 11089 (10th Cir. May 7, 2024). The affidavit for the … Continue reading

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CA7: No standing in a stolen car; PC anyway for automobile exception

Defendant was driving a stolen car. He had no standing in it. Besides, the search was good under the automobile exception with probable cause. United States v. Ostrum, 2024 U.S. App. LEXIS 10076 (7th Cir. Apr. 25, 2024). The Labor … Continue reading

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NY Queens: PC shown for SW blood drawn at hospital after car wreck

Probable cause was shown for the search warrant for defendant’s blood drawn at a hospital after a car wreck. To the extent there is also a Franks challenge, it fails. People v. Moreno, 2024 NY Slip Op 24116, 2024 NYLJ … Continue reading

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S.D.N.Y.: Overseas seizure of Russian oligarch’s megayacht not governed by 4A

This megayacht was seized overseas for Russia sanctions. (Eduard Yurievich Khudainatov is the owner, and he’s a Russian oligarch who is a Putin proxy (per Forbes)) The claim that the initial seizure may have violated the Fourth Amendment fails because … Continue reading

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VI: In a pretrial curfew check, third-party custodian can consent to entry and search

Defendant was on pretrial release with a curfew at the home of his third-party custodian. Officers came for a compliance check and knocked at the door. Getting no answer, they went to the back door. They were lawfully on his … Continue reading

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