S.D.W.Va.: This trash pull didn’t produce direct drug evidence or corroborate CI, so PC lacking

“The evidence supporting probable cause in this case, assuming its accuracy and reliability, consists of (a) an unspecified “high” number of people visiting for very short periods during an unspecified time frame and (b) trash containing five plastic bags with the corners removed, three plastic bag corners, and two plastic straws. Both pieces of evidence are consistent with any number of legitimate activities and explanations, as well as drug trafficking. Even taken in combination, this information does not come close to providing a substantial basis to find a fair probability that the home contained contraband or evidence of a crime. This type of evidence might be useful to corroborate a tip that a suspect is engaged in drug trafficking, but it is insufficient on its own. Thus, the Court finds that the warrant was not supported by probable cause, and the magistrate did not have a substantial basis to support the probable cause finding and issuance of the warrant.” Moreover, the affidavit is clearly insufficient on its face, and the good faith exception does not apply. United States v. Cooper, 2021 U.S. Dist. LEXIS 21836 (S.D. W.Va. Feb. 5, 2021).

This entry was posted in Probable cause. Bookmark the permalink.

Comments are closed.