D.N.M.: Def drew a diagram of shooting scene in his statement, and that provided nexus for SW for forensic evidence

Defendant’s shooting scene diagram during his statement created nexus for the search warrant to find forensic evidence of a homicide. United States v. Smith, 2020 U.S. Dist. LEXIS 174615 (D.N.M. Sept. 23, 2020):

There is a nexus between the alleged homicide and the layout of the crime scene. Defendant referenced the layout of the crime scene in his statements and created a diagram of his and Jane Doe’s respective positions, so there was a fair probability that the layout of the physical structures of the exterior of the Property would reveal evidence of the crime. Cf. United States v. Diecidue, 603 F.2d 535, 560 (5th Cir. 1979) (concluding that probable cause supported warrant for items, including projectile, because although information regarding projectiles was four months old, there was considerable likelihood that information was not stale because floors and walls of house are relatively permanent fixtures and would not likely be subject to removal over period of four months). See also United States v. McCall, 740 F.2d 1331, 1337 (4th Cir. 1984) (noting importance for Fourth Amendment staleness analysis of whether evidence sought is intrinsically likely to remain at location where it was originally observed). For the foregoing reasons, the Court concludes that there was probable cause to support the issuance of the warrant.

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