\u201cThe validity of a warrant is not determined by \u2018nit-picking\u2019 discreet portions of the application. Rather, the test is whether, under the totality of the circumstances presented in the affidavit, the issuing judge had a \u2018substantial basis\u2019 for determining that probable cause existed. Illinois v. Gates, 462 U.S. 213, 238-39 (1983); …\u201d This affidavit did not, however, show probable cause because the information was stale: \u201cA magistrate reading the affidavit would not, from the face of the affidavit, be able to reasonably conclude that the requisite nexus between Walker and 1510 N. Vassar was present. United States v. Gonzales, 399 F.3d 1225, 1228 (10th Cir. 2005). Therefore, Walker’s drug activities in 2007, 2010 and March 2011 cannot support a finding that criminal activity was ongoing at the Vassar residence at the time Officer Henry applied for the search warrant.\u201d So stale, in fact, that the good faith exception does not apply. United States v. Walker, 2014 U.S. Dist. LEXIS 139238 (D. Kan. October 1, 2014).<\/p>\n
Controlled buys of synthetic cannabinoids was probable cause for issuance of a search warrant. Otherwise, it was done in good faith. United States v. Stephens, 2014 U.S. Dist. LEXIS 139145, 2014 U.S. Dist. LEXIS 139151 (W.D. Va. October 1, 2014).*<\/p>\n
Defense counsel was not ineffective for not challenging defendant\u2019s consent to search where it would have failed. Thompson v. United States, 2014 U.S. Dist. LEXIS 139435 (N.D. Ga. August 19, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cThe validity of a warrant is not determined by \u2018nit-picking\u2019 discreet portions of the application. Rather, the test is whether, under the totality of the circumstances presented in the affidavit, the issuing judge had a \u2018substantial basis\u2019 for determining that … Continue reading