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SD: Nexus shown for SW for a computer by inference

By John Wesley Hall, Jr.

The state showed nexus to a computer as a means of communication about concealing an affair where the affair was motive for murder. There was no direct evidence that a computer was used, but it was a reasonable inference. Guthrie v. Weber, 2009 SD 42, 2009 S.D. LEXIS 71 (June 10, 2009): [*P18] Therefore, the fact that the affidavit did not specifically state that Christensen and Guthrie corresponded by or with the use of a computer does not require us to declare that it was unreasonable for the issuing judge to infer that the computer would be a means of communication between Guthrie and Christensen. This affidavit provided a sufficient nexus between the crime and potential evidence on the computer, when considered in the totality of circumstances, mindful of the preference for searches conducted with a warrant...continue to full post

Full post as published by Fourth Amendment on June 27, 2009 (boomark / email).