S.D.Ga.: SW for premises is for evidence and requires no crime on the premises

“An affidavit seeking a search warrant for a residence need not contain ‘an allegation that the illegal activity occurred at the location,’ … but it ‘should establish a connection between the defendant and the residence to be searched and a link between the residence and any criminal activity,’ … ‘[T]he affidavit must supply the authorizing magistrate with a reasonable basis for concluding that Defendant might keep evidence of his crimes at his home, i.e., a “safe yet accessible place.”’ …” The affidavit provided a substantial basis for concluding evidence would be found there. United States v. Jones, 2023 U.S. Dist. LEXIS 82197 (S.D. Ga. Mar. 29, 2023),* adopted, 2023 U.S. Dist. LEXIS 81177 (S.D. Ga. May 9, 2023).*

Defendant had standing in the car he was driving with permission. It was, however, legally searched after a handgun was seen in plain view. United States v. Hughes, 2023 U.S. Dist. LEXIS 82176 (D. Kan. May 10, 2023).*

On a motion to reconsider after trial, the Dominican Republic wiretap was their product, and the DEA was around and involved in the investigation, but not the wiretap. The search was still legal and not a violation of the Fourth Amendment. Minaya v. United States, 2023 U.S. Dist. LEXIS 82244 (D.N.J. May 10, 2023).*

This entry was posted in Foreign searches, Probable cause, Scope of search, Standing. Bookmark the permalink.

Comments are closed.