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Criminal Law

: Fourth Amendment

CA6: Nexus shown to defendant's car for evidence of bank robbery

By John Wesley Hall, Jr.

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Nexus was shown to defendant's car for a search warrant for proceeds and evidence of a bank robbery. There was probable cause as to defendant, and the car he left in his later escape from the police was seized. United States v. Sneed, 2010 U.S. App. LEXIS 14811, 2010 FED App. 0439N (6th Cir. July 19, 2010) (unpublished): [T]his case presents a close call as to whether Lauber's affidavit established a nexus between Sneed's Cadillac and evidence of the bank robbery. Yet reading the affidavit as a whole, and based on the totality of the circumstances, we conclude that it set forth sufficient facts to meet the nexus requirement. See Lapsins, 570 F.3d at 763-64 (stating the standard for evaluating whether probable cause exists). Sneed does not dispute that the information contained in Lauber's affidavit clearly established probable cause to believe that Sneed was connected with the Sky Bank robbery...continue to full post

Full post as published by Fourth Amendment on July 21, 2010 (boomark / email).

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