{"id":21696,"date":"2016-04-15T13:42:28","date_gmt":"2016-04-15T18:42:28","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=21696"},"modified":"2016-04-15T13:42:28","modified_gmt":"2016-04-15T18:42:28","slug":"w-d-ky-affidavit-truly-was-bare-bones-on-nexus-so-no-gfe","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=21696","title":{"rendered":"W.D.Ky.: Affidavit truly was &#8220;bare bones&#8221; on nexus, so no GFE"},"content":{"rendered":"<p>\u201cIt generalizes that \u2018an individual\u2019 may have information on his or her phone that connects him or her to a crime, co-defendants or victims, rather than specifically connecting Ramirez, the crime with which he was charged, or any known information about communications made using this particular phone. [\u00b6] A criminal charge is a conclusion drawn by law enforcement based on information gathered that leads them to believe that a particular person is guilty of a particular crime. That cell phones contain evidence that may connect individuals to a crime is also a conclusion. An affidavit that contains only suspicions, beliefs or conclusions, without providing some underlying factual circumstances, has come to be known as a \u201cbare bones\u2019 affidavit.\u201d United States v. Ramirez, 2016 U.S. Dist. LEXIS 49012 (W.D. Ky. Mar. 4, 2016), adopted 2016 U.S. Dist. LEXIS 48719 (W.D.Ky. April 11, 2016).<\/p>\n<p>Probable cause for defendant\u2019s residence was shown by the fact his son was given money to get drugs and he went to defendant\u2019s home to get it. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/4\/2016\/2016-Ohio-1503.pdf\">State v. Layman<\/a>, 2016-Ohio-1503. 2016 Ohio App. LEXIS 1412 (4th Dist. March 31, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cIt generalizes that \u2018an individual\u2019 may have information on his or her phone that connects him or her to a crime, co-defendants or victims, rather than specifically connecting Ramirez, the crime with which he was charged, or any known information &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=21696\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,11,38,20],"tags":[],"class_list":["post-21696","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-good-faith-exception","category-nexus","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21696","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=21696"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21696\/revisions"}],"predecessor-version":[{"id":21697,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21696\/revisions\/21697"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21696"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21696"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21696"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}