Mere membership in a conspiracy of a drug trafficking organization does not show nexus to that conspirator\u2019s home. Being the leader, however, does. United States v. Mubarak, 2022 U.S. Dist. LEXIS 133244 (D. Mass. July 27, 2022):<\/p>\n\n\n\n\n\n\n\n
The Affidavit, however, did present enough other evidence to connect the criminal activity with the Everett apartment. First, the facts offered in the Affidavit supported the conclusion that Mubarak “held the top position in an active, violent, and highly profitable [drug trafficking organization] that had amassed\u2014and continued to amass\u2014wealth[,]” [ECF No. 109 at 2]; Mubarak himself described the Organization as a “machine” or “system” that required recordkeeping to track payment and non-payment, [Kenny Affidavit \u00b6 31; ECF No. 109 at 10]; and, Mubarak, in a recorded meeting, referenced “books,” thus confirming the likely existence of ledgers that would be among the closely guarded items in his home, [Kenny Affidavit \u00b6 32; ECF No. 109 at 10 n.10]. Second, and importantly, the Affidavit also referenced total cash deposits well in excess of any legitimately earned income that were deposited at ATMs near the Everett apartment and in amounts of under $10,000, suggesting an intent to avoid the transaction reporting requirements and also evidencing the likely storage of those cash proceeds at the apartment. [Kenny Affidavit \u00b6\u00b6 98-102]. Third, Mubarak’s November 2017 statement about guarding his drugs\u2014albeit vague\u2014does further evidence the probability that there would be evidence of the crimes in his home. See [id. \u00b6 70]. This statement, coupled with the fact that the Everett apartment is his primary residence and thus the location most likely to house evidence, along with the cash transactions and suspicious ATM activity near the Everett apartment was sufficient additional support to supplement Agent Kenny’s testimony and provide probable cause for the search of that location.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
Mere membership in a conspiracy of a drug trafficking organization does not show nexus to that conspirator\u2019s home. Being the leader, however, does. United States v. Mubarak, 2022 U.S. Dist. LEXIS 133244 (D. Mass. July 27, 2022):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[38],"tags":[],"class_list":["post-52906","post","type-post","status-publish","format-standard","hentry","category-nexus"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52906","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=52906"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52906\/revisions"}],"predecessor-version":[{"id":52908,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52906\/revisions\/52908"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52906"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52906"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52906"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}