NY4: One positive trash search “might be a fluke, two indicate a trend”

Based on an anonymous source, police did two trash pulls at defendant’s address. Quoting CA6: “‘While one search turning up [narcotics] in the trash might be a fluke, two indicate a trend. Whether it be a particularly large quantity of drugs … or multiple positive tests of different trash pulls within a fairly short time, both tend to “suggest[ ] repeated and ongoing drug activity in the residence”’ (Leonard, 884 F3d at 734 …. quoting United States v Abernathy, …” People v. Humphrey, 2022 NY Slip Op 00767, 2022 N.Y. App. Div. LEXIS 778 (4th Dept. Feb. 4, 2022).

While state law generally requires an arrest warrant for misdemeanors, it recognizes exceptions for battery. State v. Veith, 2022 N.M. App. LEXIS 7 (Feb. 3, 2022).*

The affidavit for search warrant is not bare bones. It shows probable cause, so the good faith exception inquiry is moot. United States v. Cortez, 2022 U.S. Dist. LEXIS 20284 (W.D.Tex. Feb. 2, 2022).*

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