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Agent's Assertions Save Warrant Under Leon

By Jonathan Byrne

US v. Williams Williams and a codefendant, Thomas, were charged with drug crimes. They moved to suppress evidence found at their residences pursuant to state search warrants procured by a DEA agent.In each case, the affidavit set forth in some detail the fruits of the investigation into Williams and Thomas, including details of controlled purchases, tips from CIs, etc. to establish a conspiracy to distribute narcotics. However, neither warrant affidavit included any evidence that any sales or other drug-related activity took place at either man's residence. Instead, the affidavit's explained that, based on the agent's experience, those involved in the drug trade frequently kept evidence of it (cash, registers, possibly a "stash" of product) in their home...continue to full post

Full post as published by Fourth Circuit Blog on December 05, 2008 (boomark / email).