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E.D. Mich.: Merely stating drug dealers keep drugs at home is insufficient nexus to search his home; but GFE saves it

By John Wesley Hall, Jr.

The mere fact that drug traffickers commonly keep drugs at home was not a sufficient nexus to defendant's house to justify its search. Defendant was a Detroit police officer accused of taking $120k in cocaine from the property room and replacing it with a non-drug substitute. The good faith exception, however, saves this search. The purpose of the good faith exception is to cause the police to seek search warrants. United States v. Crockett, 2008 U.S. Dist. LEXIS 53144 (E.D. Mich. April 25, 2008): Similarly, in this case, the affidavit provides probable cause that the defendant stole narcotics and was selling the stolen cocaine. The affidavit is silent to the connection between the defendant and the defendant's residence, except that the officer stated his "belief, based on ...continue to full post

Full post as published by Fourth Amendment on July 16, 2008 (boomark / email).