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Drug dealers keep their stuff at home, so that's nexus

By John Wesley Hall, Jr.

It is likely that a drug dealer will keep drugs in his house, so that gives nexus. United States v. Burton, 2008 U.S. Dist. LEXIS 86680 (E.D. Pa. October 27, 2008)*: In drug-related cases, numerous courts of appeals have held evidence of drug crimes is likely to be found in drug dealers' residences. See Whitner, 219 F.3d at 298 (citing cases in accord from the United States Courts of Appeals for the First, Second, Fourth, Sixth, Seventh, Eighth, Ninth, and District of Columbia Circuits). The Third Circuit reasoned "evidence associated with drug dealing needs to be stored somewhere, and ... a dealer will have the opportunity to conceal it in his home." Id. at 297. In Whitner, the defendant was evasive about where he lived, leading to a "reasonable inference [he] was attempting to conceal the existence of the apartment and his association with the apartment...continue to full post

Full post as published by Fourth Amendment on October 29, 2008 (boomark / email).