{"id":60376,"date":"2025-03-10T00:01:00","date_gmt":"2025-03-10T05:01:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60376"},"modified":"2025-03-10T08:25:51","modified_gmt":"2025-03-10T13:25:51","slug":"ca6-nexus-to-home-as-to-controlled-buys-doesnt-require-constant-visual-surveillance","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=60376","title":{"rendered":"CA6: Nexus to home based on controlled buys doesn&#8217;t require constant visual surveillance"},"content":{"rendered":"\n<p>Controlled buys that included trips to defendant\u2019s house was nexus. \u201cRegardless of whether Sims was constantly within the detectives&#8217; view, the affidavit establishes that for each controlled buy, Sims went straight to the buy location from the residence and returned immediately after the transaction, thereby supplying the required nexus with the residence. The mere possibility that detectives might not have had eyes on Sims for a brief period while Sims was headed towards or returning from the buy location does not take away from this common-sense conclusion. Overall, the affidavit undeniably provides \u2018reasonable grounds\u2019 to conclude that Sims had drugs stored at the residence.\u201d <a href=\"https:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/25a0123n-06.pdf\">United States v. Sims<\/a>, 2025 U.S. App. LEXIS 5208 (6th Cir. Mar. 4, 2025).<\/p>\n\n\n\n<p>\u201cDefendant&#8217;s unsupported assertion that he was an overnight guest at the Subject Residence \u2018approximately\u2019 five times in 2021 and he went there \u2018frequently\u2019 for meals \u2026 does not establish that he has a reasonable expectation of privacy in the Subject Residence.\u201d He raised an interesting, but ultimately unavailing, nexus argument, and the good faith exception would apply in any event. United States v. Yarbough, 2025 U.S. Dist. LEXIS 40168 (W.D. Pa. Mar. 6, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Controlled buys that included trips to defendant\u2019s house was nexus. \u201cRegardless of whether Sims was constantly within the detectives&#8217; view, the affidavit establishes that for each controlled buy, Sims went straight to the buy location from the residence and returned &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=60376\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[38,20,34],"tags":[],"class_list":["post-60376","post","type-post","status-publish","format-standard","hentry","category-nexus","category-probable-cause","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60376","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=60376"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60376\/revisions"}],"predecessor-version":[{"id":60390,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60376\/revisions\/60390"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60376"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60376"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60376"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}