Category Archives: Nexus

FL2: SW affidavit didn’t support nexus to home; GFE not applicable

The affidavit for search warrant here didn’t show nexus to defendant’s home, and the good faith exception doesn’t carry it. Smitherman v. State, 2022 Fla. App. LEXIS 1715 (Fla. 2d DCA Mar. 11, 2022):

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D.Minn.: Traffic stop led to PC by plain view

There was probable cause for a stop, and that quickly developed into probable cause to search from marijuana residue around the driver’s seat. United States v. Estes, 2022 U.S. Dist. LEXIS 41951 (D.Minn. Mar. 8, 2022).* Possession of a large … Continue reading

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CA6: Personal check with residence address used in scheme was nexus to home

The 70 page search warrant affidavit in a bribery and kickback scheme showed probable cause for defendant’s residence. Records already seen showed a personal check on the home address was involved. He also was alleged to have diverted patients to … Continue reading

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IL: Drug sale in backyard nexus to SW for house

“Granted, the drug sale did not occur inside the residence. Rather, it occurred outside the residence, in the backyard. The question, then, is whether a controlled purchase that took place in the yard of a house in which the drug … Continue reading

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CA3: PC for fraud by computer permits search of def’s house for computers

Defendant was suspected of committing fraud with his computer, and that was probable cause for searching for and seizing the computer in his home. United States v. Nyamekye, 2022 U.S. App. LEXIS 2966 (3d Cir. Feb. 2, 2022). Assuming reasonable … Continue reading

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CA9: Public electric utility cutting off one’s power is not a 4A seizure

The public electric utility cutting off one’s power is not a Fourth Amendment seizure. Lull v. County of Sacramento, 2022 U.S. App. LEXIS 1408 (9th Cir. Jan. 19, 2022). There was probable cause on the totality, including a showing of … Continue reading

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E.D.Mich.: CI’s information showed almost nothing as to one property for SW, so no PC nor GFE

The affidavit for the warrant for one particular address in this case fails to even minimally show probable cause. “Here, there was not enough information in the affidavit to allow a reasonable officer to conclude that there was sufficient ‘ongoing … Continue reading

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E.D.Pa.: Multitude of facts supports nexus of evidence of robbery to def’s home

“Based upon the magnitude of the facts described in the search warrant affidavit, the issuing judge was justified in drawing a reasonable inference that physical evidence of Defendant’s alleged robberies would be found at his home. Defendant’s charged crimes, two … Continue reading

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PA: State failed to show nexus to house as “base of operations”

Police set up controlled buys with the defendant and watched. He left his home, went to one or two locations, went inside, came out, and drove to the place for the deal. Nexus was thus lacking to his house. The … Continue reading

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NC: Calling for drug dog right away here didn’t extend time, but the sniff became reasonable by RS otherwise developing

The officer here preemptively called for a drug dog before running the DL information on the occupants. That did not measurably extend the time. After calling for the dog, the officer found out there were warrants on one, and then … Continue reading

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IL: Def’s personal relationship to premises to be searched is relevant and has to be viewed in the context of the totality

Nexus for the premises was shown in the search warrant affidavit. Defendant’s personal relationship to the premises is relevant and has to be evaluated in context of the totality. On sufficiency of the evidence, however, defendant’s conviction is reversed for … Continue reading

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CA9: Supervised release electronic search condition not shown to have nexus to purposes of SR

“We nevertheless vacate the suspicionless search condition because the district court ordered suspicionless searches of Leonard’s ‘electronic devices and their data, including cell phones, computers, and electronic storage media’ without making ‘a properly supported factual finding’ that ‘establish[es] some nexus … Continue reading

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NY (Kings Co.): SW for cell phone failed to show nexus to the crime

“As such, the People failed to establish a nexus, supported by probable cause, that the cell phone recovered was the cell phone used at the time they allege the defendant committed the charged crimes and therefore cannot satisfy the required … Continue reading

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CA8: Some evidence of nexus saves SW under GFE

Under the good faith exception, executing officers are entitled to rely on the magistrate judge’s nexus finding with some actual basis they can reasonably rely on, even if it technically might have been wrong. United States v. Barnes, 2021 U.S. … Continue reading

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OH1: Telling def to keep his hands out of his pockets and then put them on hood when he wouldn’t didn’t taint later consent

During a stop, defendant was told to keep his hands out of his pockets, but he didn’t and he was fidgeting and putting his hands in and out. Telling him to put his hands on the hood after all that … Continue reading

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CA8: Three controlled buys via cell phone was PC for wiretap

Nexus and probable cause for a cell phone wiretap is the same standard as under the Fourth Amendment. “The CS performed three controlled buys by communicating with the cellphone number that was wiretapped. Further, the CS identified the number as … Continue reading

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CA7: Without a triggering condition, this was not an anticipatory warrant

Despite defendant’s argument, this was not an anticipatory search warrant. There was no triggering condition, and it was issued with probable cause. United States v. Calligan, 2021 U.S. App. LEXIS 23402 (7th Cir. Aug. 6, 2021). There clearly was reasonable … Continue reading

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S.D.Ohio: Affidavit for SW showed home was base of DTO

The collection of information for probable cause for the warrant included a reasonable inference that defendant’s home was a base of operations for a drug trafficking operation, and this was nexus. United States v. Jackson, 2021 U.S. Dist. LEXIS 144185 … Continue reading

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M.D.Pa.: CSLI tracking by state court order was reasonable under federal law despite alleged state law violation

Defendant’s cell phone location information search was reasonable and constitutional under federal law despite an alleged violation of state law. United States v. Coles, 2021 U.S. Dist. LEXIS 143548 (M.D.Pa. Aug. 2, 2021). There was probable cause for the search … Continue reading

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CA2: Parole search valid under “special needs” even without RS

The parole search here lacked reasonable suspicion, but it was justified by the special needs exception to the warrant requirement. “Because a search undertaken by a parole officer of a parolee to detect parole violations is ‘reasonably related to the … Continue reading

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