{"id":44054,"date":"2020-06-10T11:51:11","date_gmt":"2020-06-10T16:51:11","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=44054"},"modified":"2020-06-10T11:51:11","modified_gmt":"2020-06-10T16:51:11","slug":"w-d-tenn-affidavit-was-conclusory-as-to-drugs-at-drug-dealers-home-but-its-easy-to-fix-next-time","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=44054","title":{"rendered":"W.D.Tenn.: Affidavit was conclusory as to drugs at drug dealer&#8217;s home [but it&#8217;s easy to fix next time]"},"content":{"rendered":"\n<p>The affidavit for search warrant failed to show nexus between defendant\u2019s alleged drug dealing a month earlier and his residence. \u201cThe only information included in the affidavit to support this conclusory belief is the fact that Defendant, who happens to be a drug dealer, resides at that residence. Perhaps most concerning to the Court is that the affidavit does not offer a statement from Officer Evans, the affiant, that in his personal experience, \u2018individuals involved with drug trafficking commonly keep records, documents, and money close by.\u2019\u201d [Thus inviting that the next time.] Also, the affidavit is short and conclusory, and the good faith exception will not be applied. United States v. Reed, 2020 U.S. Dist. LEXIS 99958 (W.D. Tenn. June 8, 2020).<\/p>\n\n\n\n<p>\u201cDefendant&#8217;s challenges to his pretrial detention have no bearing on the validity of his conviction and sentence. Accordingly, his appellate attorney was not ineffective for failing to raise these issues on appeal.\u201d United States v. Groenendal, 2020 U.S. Dist. LEXIS 99763 (W.D. Mich. June 8, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The affidavit for search warrant failed to show nexus between defendant\u2019s alleged drug dealing a month earlier and his residence. \u201cThe only information included in the affidavit to support this conclusory belief is the fact that Defendant, who happens to &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=44054\">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":[23,38,20],"tags":[],"class_list":["post-44054","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-nexus","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44054","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=44054"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44054\/revisions"}],"predecessor-version":[{"id":44055,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44054\/revisions\/44055"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44054"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44054"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44054"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}