Thursday, August 9, 2018

No nexus? No good faith.

A 17-year-old drug conviction on the part of the homeowner.

A 4-month-old anonymous tip about the home.

A recent stop of unclear duration in the driveway by a suspected drug dealer.

These were the core allegations in an affidavit for a search warrant of Curtis Tucker's home. The district court agreed that these allegations did not provide a minimally sufficient nexus between suspected drug dealing and the home, and further agreed that the agents who executed the search warrant lacked good faith. The district court suppressed the fruit of both this search and the execution of a second search warrant that was based in large part on the fruits of the first one.

The government appealed, and the Sixth Circuit affirmed, finding the problems with the first affidavit "so glaringly obvious that the Leon exception does not apply"---either to the first or the second search.



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