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Affidavit for search warrant did not support conclusion that evidence of money laundering would be found in some defendant's homes

By John Wesley Hall, Jr.

Fact that some defendants might have been involved in money laundering did not lead to the conclusion that evidence would be found in the homes of other defendants. United States v. Orozco, 2008 U.S. Dist. LEXIS 67179 (D. Colo. July 17, 2008): While such evidence might suggest that 11538 Nucla was purchased with drug trafficking proceeds that had been laundered through various bank accounts, or that Defendants Evaristo, Martha, and Cynthia Orosco had engaged in money laundering, I find it would not "lead a prudent person to believe there is a fair probability contraband or evidence of a crime would be found" at this address. Eidson, 515 F.3d at 1146; see also Gonzales, 399 F.3d at 1228 (requiring a nexus between the contraband to be seized or the suspected criminal activity and the place to be searched)...continue to full post

Full post as published by Fourth Amendment on September 07, 2008 (boomark / email).