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Criminal Law

: Fourth Amendment

M.D.Ala.: Nexus: Unemployed document forger likely kept stuff to do so in his house

By John Wesley Hall, Jr.

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Arrest warrant justified entry into defendant’s house looking for him. He was unemployed, and, although there were no cars outside, officers heard noises inside that stopped when they knocked. Defendant was suspected of forging IDs and other documents, and it was reasonable to assume that the materiel for doing so would be there. United States v. Thousst, 2009 U.S. Dist. LEXIS 124601 (M.D. Ala. November 5, 2009)*: "The focus in a warrant application is usually on whether the suspect committed a crime and whether evidence of the crime is to be found at his home or business." United States v. Martin, 297 F.3d 1308, 1314 (11th Cir. 2002), quoting United States v. Procopio, 88 F.3d 21, 28 (1st Cir. 1996). Though not explicitly stated in the warrant, it stands to reason that a person such as Thoussaint, who passes forged instruments and who has no known workplace, may well secret some or all of the equipment used to manufacture the fraudulent instruments at his home...continue to full post

Full post as published by Fourth Amendment on February 08, 2010 (boomark / email).

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