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Criminal Law

: Fourth Amendment

W.D.Mo.: PC for SW for safe deposit boxes shown

By John Wesley Hall, Jr.

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Probable cause was shown for a search warrant for defendant’s safe deposit box. Even if not it is close enough for the good faith exception to apply. United States v. Claude X, 2009 U.S. Dist. LEXIS 112641 (W.D. Mo. October 14, 2009) (USMJ R&R), obj. overruled, United States v. Claude X, 2009 U.S. Dist. LEXIS 112640 (W.D. Mo. December 3, 2009): A search warrant is supported by probable cause if the supporting affidavit presents a fair probability that evidence or contraband will be found in the location to be searched. Supporting affidavits must be read in a common-sense fashion and should be evaluated based on the totality of the circumstances. E.g., United States v. Gladney, 48 F.3d 309, 312 (8th Cir. 1995); United States v. Edmiston, 46 F...continue to full post

Full post as published by Fourth Amendment on December 08, 2009 (boomark / email).

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