It seems doubtful that there was sufficient probable cause at the time the warrant was issued based on transactions a while ago and the inference of defendant\u2019s involvement was weak, the good faith exception was enough to save this search. United States v. Catalano, 2011 U.S. Dist. LEXIS 2504 (D. Mass. January 11, 2011):<\/p>\n
… It is not implausible, of course, that Catalano\u2019s business premises would serve as a place where he would \u201cstash\u201d drugs and\/or drug-related cash and records. Nevertheless, on the information presented in the affidavit, concluding that is more of a speculation than an inference.<\/p>\n
Unfortunately for the defendant, however, the \u201cgood faith exception\u201d announced in United States v. Leon, 468 U.S. 897 (1984), applies and forecloses suppression of the evidence seized from 1451 South Main Street, even if the affidavit was inadequate to establish the necessary nexus. \u201cUnder Leon, the good faith exception applies when government agents rely on a warrant in objective good faith and in the interest of justice suppression is generally inappropriate.\u201d United States v. Woodbury, 511 F.3d 93, 99 (1st Cir. 2007). The recognized exceptions to the good faith exception are here inapplicable. …\n<\/p><\/blockquote>\n
There was a \u201cfair probability\u201d (Gates) that evidence of an elder fraud case would be found in defendant\u2019s property, including computers, to justify the search. \u201c\u2018Few places are more convenient than one\u2019s residence for use in planning criminal activity and concealing fruits of a crime.\u2019 United States v. Hailed, 22 F.3d 779, 780 (8th Cir. 1994), cert. denied, 513 U.S. 882 (1994) (citing United States v. Green, 634 F.2d 222, 226 (5th Cir. 1981)). For all of these reasons, the Court concludes that the Queen Avenue warrant was valid.\u201d And, the good faith exception would save the warrant, too. United States v. Scott-Kelley, 2010 U.S. Dist. LEXIS 139343 (D. Minn. November 9, 2010), adopted 2011 U.S. Dist. LEXIS 2218 (D. Minn. January 10, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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