{"id":5459,"date":"2012-08-25T12:49:21","date_gmt":"2011-04-20T05:49:03","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-04-20T05:49:03","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=5459","title":{"rendered":"MA: Use of multiple cars infers that defendant kept drugs in his house"},"content":{"rendered":"

The search warrant affidavit showed a sufficient \u201cnexus\u201d with defendant\u2019s residence because (1) he was seen leaving it many times to what were either known drug sales or encounters readily inferred to be drug transactions, (2) using multiple cars made it more likely he stored drugs in the residence and not the cars, and (3) he always used the house’s rear entrance, and only its occupants (as well as the owner) had access to a locked basement and storage container at the rear of the house. Commonwealth v. Escalera<\/a>, 79 Mass. App. Ct. 262 (2011).*<\/p>\n

While the question was close, the affidavit did not show a nexus between defendant\u2019s drug activity and his house. There was also a staleness question because the information was seven weeks old, far older than what had been approved before. Commonwealth v. Dillon<\/a>, 79 Mass. App. Ct. 290, 945 N.E.2d 428 (2011).*<\/p>\n

Defendant\u2019s girlfriend consented to a search of their apartment. Defendant refused to sign a consent form on the ground that his girlfriend was on the lease, but that was not an express refusal of consent. People v. Burton<\/a>, 409 Ill. App. 3d 321, 349 Ill. Dec. 829, 947 N.E.2d 843 (2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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