{"id":3555,"date":"2011-01-11T17:19:30","date_gmt":"2009-11-22T08:48:56","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-11-22T08:48:56","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=3555","title":{"rendered":"ID: No nexus shown to search defendant’s mobile home for drugs where controlled buy occurred in a different one"},"content":{"rendered":"

The state showed a nexus for a search of a mobile home at space 23 because of a controlled buy heard on a wire. After the search warrant came up empty, the officer reasoned that his home, space 25, should be searched, and he reapplied to the magistrate for a search warrant for 25. No nexus was shown to 25 other than that defendant lived there, so there was no probable cause as to the home. State v. Belden<\/a>, 2009 Ida. App. LEXIS 111 (November 16, 2009), substituted opinion State v. Belden<\/a>, 148 Idaho 277, 220 P.3d 1096 (App. 2009):<\/p>\n

While our standard of review requires us to afford deference to the magistrate’s decision, we conclude that Belden met his burden of proof in demonstrating that the search of space 25 was invalid for lack of a nexus between the place to be searched and the item to be seized. The evidence presented at the hearing pointed to space 23 as the location of the controlled drug buy. The evidence presented was considerable and included not only the CI’s account of the drug buy, but also an observing officer’s account and photographs. At the second hearing, space 25 was identified as Belden’s home, but no other evidence was presented to the magistrate to demonstrate a fair probability that contraband would be found there. This decision does not stand for the proposition that mistaken testimony at a warrant hearing cannot later be corrected. There may have been a reasonable explanation for the surveillance officer’s identification of space 23 as the location of the controlled drug buy. In this case, however, no explanation was offered and no additional evidence was presented to the magistrate except the fact that Belden resided at space 25. Therefore, the magistrate did not have a substantial basis for concluding that there was probable cause to search the residence at space 25.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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