W.D.N.Y.: 171 page affidavit for SW with 454 paragraphs showed a fair probability evidence would be found

“The undersigned believes, as he originally did when reviewing Smith’s affidavit and signing the search warrant for 45 Southview Terrace, that the information contained in Smith’s affidavit demonstrated a ‘fair probability that contraband or evidence of a crime’ would be found at 45 Southview Terrace. Gates, 462 U.S. at 238. While Defendant focusses only on the paragraphs contained in Smith’s affidavit related to the search of 45 Southview Terrace, the Court is permitted to consider the entirety of Smith’s application when determining whether probable cause existed to execute a search warrant for that premises. Smith’s affidavit, which was 171 pages in length, containing 454 paragraphs, provided a vast amount of detail regarding the trafficking activities of those involved in this drug ring. This included, in Smith’s opinion, certain drug activities of Budd, who was directly linked to 45 Southview Terrace by his short visit to that premises on April 15, which Smith believed was for the purpose of engaging in a drug transaction.” The good faith exception would also apply. United States v. Donaldson, 2021 U.S. Dist. LEXIS 100761 (W.D. N.Y. Apr. 1, 2021).*

Defendant didn’t show standing in a rural tract of land owned and occupied by another. Besides, the person with the power to consent did. United States v. Woody, 2021 U.S. Dist. LEXIS 100609 (W.D. Mo. Apr. 29, 2021).*

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