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KY: Franks violation led to no PC and no GFE

By John Wesley Hall, Jr.

The trial court found a Franks violation and purged the information from the affidavit. The remainder failed to show nexus and probable cause for the premises, and the good faith exception did not save the warrant. Commonwealth v. McClain, 2011 Ky. App. LEXIS 44 (March 11, 2011): We agree with the circuit court and the Defendant that the affidavit, purged of McClain Jr.’s statement, failed to establish a nexus between the Defendant’s residence and the evidence of drugs and drug trafficking Sheriff Boggs was seeking. “To justify a search, the circumstances must indicate why evidence of illegal activity will be found ‘in a particular place.’ There must, in other words, be a ‘nexus between the place to be searched and the evidence sought...continue to full post

Full post as published by Fourth Amendment on March 15, 2011 (boomark / email).