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When is offsite criminal activity sufficient to permit a warrant to search one's home?

By Marks & Katz, LLC

   Bill of Rights. (From the public domain.)   Search warrants of people?s homes often are issued as a result of alleged criminal activity that takes place far from the suspect?s home.   When is alleged offsite criminal activity sufficient to permit a warrant to search one's home? In such a jurisdiction as Maryland, a limited nexus is needed between the criminal activity that has already taken place and the suspect?s home. In such other jurisdictions as Virginia, a stronger nexus is required.       Virginia?s intermediate appellate court wrote in 2007:  ?[W]e have held that [the inference that the suspect "?was engaged in the sale of illicit drugs and that evidence of such criminal activity would probably be found in his home.?"] can be permissibly drawn in some cases and provide the necessary factual nexus between the crime and place to be searched...continue to full post

Full post as published by Underdog on April 19, 2010 (boomark / email).