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Criminal Law

: Fourth Amendment

W.D.Pa.: Flash drive on the person related to a financial crime was nexus to defendant's house

By John Wesley Hall, Jr.

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The defendant was the target of a search warrant for counterfeit evidence, and the government showed a “fair probability” that evidence would be found and a nexus to defendant’s place. For example, finding a flash drive on his person at the time of arrest meant that there was a likelihood there was a computer involved. Reference to defendant’s criminal history in the affidavit for similar crimes was not impermissible. United States v. Nance, 2010 U.S. Dist. LEXIS 110081 (W.D. Pa. October 18, 2010).* Defendant did not show standing or a reasonable expectation of privacy in the place searched where he was a social guest; while he was a social guest, he had left the place and could not get back in when he was stopped on the porch...continue to full post

Full post as published by Fourth Amendment on October 19, 2010 (boomark / email).

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