DE: Slim inference for nexus wasn’t enough, and exclusionary rule applies

The affidavit for the search warrant creates only a slim inference at best, and no facts at all, showing a nexus to the place to be searched and the fraud crime under investigation. Therefore, the search warrant lacks probable cause for the search, and the Delaware Constitution does not permit a good faith exception here. State v. Lovell, 2019 Del. Super. LEXIS 659 (Dec. 17, 2019).

The court finds probable cause was lacking for real time pen register information on the use of defendant’s cell phone, but the court still applies the good faith exception to admit it. If the proof turns out better between now and the trial, the court will reconsider. United States v. Castillo, 2019 U.S. Dist. LEXIS 218452 (D.Md. Dec. 16, 2019).*