Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

DC: Nexus can be based on averment from officer without specific fact

By John Wesley Hall, Jr.

Nexus in the D.C. Cir. can be shown by the averment of the affiant based on his or her experience and training or inference. United States v. Glay, 2009 U.S. Dist. LEXIS 56236 (D. D.C. June 30, 2009): Whether or not an affiant's averment, by itself, is sufficient to establish that there is probable cause to believe that evidence of a crime will be found at a specific location varies from circuit to circuit. Compare United States v. Crews, 502 F.3d 1130, 1136-37 (9th Cir. 2007) (holding that a nexus may be established through an officer's "statements that his experience has shown him that further evidence of possession of firearms is often found at a suspect's residence"), with United States v. Schultz, 14 F.3d 1093, 1097 (6th Cir. 1994) (holding that an officer's training and experience "cannot substitute for the lack of evidentiary nexus"), and United States v...continue to full post

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