The affidavit for the search warrant here was adequate to show nexus and probable cause for a search. The reliance on other officers\u2019 information didn\u2019t require this officer to independently corroborate it. United States v. Velazquez, 2020 U.S. Dist. LEXIS 110600 (D. Minn. Apr. 27, 2020), adopted, 2020 U.S. Dist. LEXIS 105172 (D. Minn. June 15, 2020).<\/p>\n\n\n\n
\u201cNo reasonable officer could have understood these facts and circumstances to constitute probable cause to believe that Mills and Chun had committed the crime of theft by deception or any other violation of New Jersey law. \u2026 Thus, Mills and Chun have alleged facts sufficient to establish a violation of their constitutional rights, that is, the right under the Fourth Amendment to be free from arrest without probable cause. Such right was clearly established at the time of plaintiffs’ arrest. \u2026 When the arrest of a person is undertaken without probable cause as under the facts presented here, the search of that person and seizure of his or her property incident to arrest also violates that person’s clearly established rights under the Fourth Amendment. \u2026 Accordingly, the complaint states viable claims that defendants violated plaintiffs’ clearly established rights to be free from unreasonable search and seizure under the Fourth Amendment. Defendants are not entitled to qualified immunity.\u201d Mills v. Golden Nugget Atl. City, LLC, 2020 U.S. Dist. LEXIS 110912 (D. N.J. June 24, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The affidavit for the search warrant here was adequate to show nexus and probable cause for a search. The reliance on other officers\u2019 information didn\u2019t require this officer to independently corroborate it. United States v. Velazquez, 2020 U.S. Dist. LEXIS … Continue reading