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CA6: Large drug transactions create nexus to defendant's house

By John Wesley Hall, Jr.

Nexus between drugs and defendant's home was shown from defendant's engaging in significant drug transactions. It was logical they would be in his house. United States v. Gunter, 2009 U.S. App. LEXIS 181, 2009 FED App. 0006P (6th Cir. January 8, 2009): As discussed above, the affidavit contains evidence that Gunter was engaged in repeated purchases of cocaine in the one to four kilogram range. Because the quantity of drugs and the repeated nature of the transactions make it reasonable to conclude that Gunter was engaged in ongoing drug trafficking, it was reasonable to infer that evidence of illegal activity would be found at Gunter's residence. See United States v. Jones, 159 F.3d 969, 974-75 (6th Cir. 1998) (probable cause to search residence existed where defendant engaged in two recorded transactions outside of his residence because "[i]n the case of drug dealers, evidence is likely to be found where the drug dealers live")...continue to full post

Full post as published by Fourth Amendment on January 10, 2009 (boomark / email).