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E.D.Tenn.: Affidavit for SW in a multiple defendant case failed to show PC as to the moving defendant, and GFE did not apply

By John Wesley Hall, Jr.

Lengthy affidavit for search warrant in a multi-defendant conspiracy case failed to show probable cause as to this defendant, and it was so lacking that the good faith exception did not apply as to this defendant. United States v. Graska, 2009 U.S. Dist. LEXIS 112541 (E.D. Tenn. November 10, 2009): There is nothing whatsoever to indicate that the first or second exceptions apply in this case. However, while this affidavit is not "bare bones" in the usual sense, it is detailed as to other persons and property, but not to the defendant or this property. The connection between the defendant and wrongdoing of any sort was not established by informants or by observations during investigation, but rather by facially innocent connections between the defendant and others for whom probable cause abounded...continue to full post

Full post as published by Fourth Amendment on December 07, 2009 (boomark / email).