The affidavit for search warrant based on an uncorroborated CI for sale of a \u00bd ounce of marijuana failed to show probable cause and it did not justify a search for virtually every document in the house or on his cell phone. The good faith exception also did not apply. United States v. Whitted, 2021 U.S. Dist. LEXIS 41645 (N.D. Ohio Mar. 5, 2021):<\/p>\n\n\n\n\n\n\n\n
The Court is unpersuaded that the affidavit, which relied almost entirely on the informant and “D.T.”‘s uncorroborated statements, provided a substantial basis for the issuing judge to conclude there was probable cause.<\/p>
Recall, we examine a search warrant allowing the search of a duplex residence and outbuildings and all persons and vehicles present or arriving along with all electronic devices (cell phones, tablets, computers), together with the seizure of “rental agreements, records, mail, ledgers, photographs, receipts, address books, answering machines, cellular phones, and other electronic storage media, financial records, conveyances, books, safes, safety deposit box keys, U.S. Currency, checks, money drafts, real estate drafts, deposit slips, canceled checks, printouts, and evidence of expenditure(s) of currency and currency equivalents \u2026 ” And the search warrant allows seizure of all these materials based upon a surmised days-old sale of \u00bd ounce of marijuana by some unknown person and without any other evidence that the duplex residence was otherwise associated with drug dealing.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
The affidavit for search warrant based on an uncorroborated CI for sale of a \u00bd ounce of marijuana failed to show probable cause and it did not justify a search for virtually every document in the house or on his … Continue reading