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Criminal Law

: Fourth Amendment

E.D.Tenn.: Sale from house is nexus, and it did not mean all the drugs were gone

By John Wesley Hall, Jr.

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A controlled buy from the defendant’s house 72 hours before the search warrant was sought was nexus to believe that drugs would be found. A controlled buy did not mean that there would be no drugs on the premises, contrary to defendant’s assertion. United States v. Smith, 2009 U.S. Dist. LEXIS 124043 (E.D. Tenn. November 19, 2009).* There was probable cause on the totality from the CI in this case that defendant would be carrying drugs, so his stop and car search was reasonable under the automobile exception. United States v. Cooper, 2010 U.S. Dist. LEXIS 5730 (W.D. La. January 19, 2010).* Defendant’s stop was not unreasonable when he was suspected of bank robbery. United States v. Lugo, 2010 U.S. Dist. LEXIS 5612 (M...continue to full post

Full post as published by Fourth Amendment on January 28, 2010 (boomark / email).

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