“Defendant accurately points out that Officer Delk failed to include in his affidavit details about the possibility of retaliatory gang violence and Defendant’s presence at the Merriweather house. … But the Court should not engage in ‘line-by-line scrutiny of the warrant application’s affidavit.’ United States v. Williams, 544 F.3d 683, 686 (6th Cir. 2008). The affidavit should be judged ‘on the adequacy of what it does contain, not on what it lacks, or what a critic might say should have been added.’ United States v. Allen, 211 F.3d 970, 975 (6th Cir. 2000).” United States v. Presley, 2021 U.S. Dist. LEXIS 99411 (S.D. Ohio May 26, 2021).
“The above information was more than sufficient to establish probable cause to search 1427 W. 84th Street for illegal drugs. In an attempt to defeat this conclusion, Jenkins attempts to remove the individual facts provided by McNamara and examine them without any additional context.” No; it must be the totality. United States v. Jenkins, 2021 U.S. Dist. LEXIS 99346 (N.D. Ohio May 26, 2021).
Alleged omissions in the search warrant for defendant’s iCloud account don’t undermine the probable cause. The omissions were directed to credibility of CIs but weren’t materially helpful on that question. Moreover, that person’s reports cannot be viewed in isolation. United States v. Ray, 2021 U.S. Dist. LEXIS 99789 (S.D. N.Y. May 26, 2021).*