In prosecution on drug trafficking conspiracy charge, Dist. Ct. erred in granting defendant’s motion to suppress evidence seized from defendant’s home pursuant to issuance of search warrant, even though Dist. Ct. found that there was insufficient nexus between defendant’s drug-trafficking operation that, from police observation, had occurred outside of defendant’s home, and defendant’s home to justify instant search. Defendant conceded that application for issuance of warrant contained sufficient evidence to establish reasonable probability that he had engaged in drug trafficking operations, and agent’s statement in affidavit that, in his 10 years of experience investigating drug operations, drug traffickers generally store their drug related paraphernalia, as well as drug proceeds at their residences, was sufficient to suggest fair probability that evidence of defendant’s drug trafficking activities would be found at his home.
Federal 7th Circuit Court
Criminal Court
Search and Seizure