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CA6: Nexus can be based on inference

By John Wesley Hall, Jr.

"[C]ontinuing and related illegal firearm activity" showed nexus to the defendant's house. It was a logical inference, not a direct fact. United States v. Williams, 2008 U.S. App. LEXIS 21576, 2008 FED App. 0378P (6th Cir. October 16, 2008): While Williams correctly asserts that the warrant affidavit never tied the .25 and .45 caliber handguns to the Tarnow Street residence, he overlooks the Government's logical, and indeed legally correct, assertion that "it is reasonable to suppose that some criminals store evidence of their crimes in their homes, even though no criminal activity or contraband is observed there." Here, the warrant application demonstrated "continuing and related illegal firearm activity," from which the issuing judge could infer that evidence pertaining to the handguns would be found in Williams's residence...continue to full post

Full post as published by Fourth Amendment on October 18, 2008 (boomark / email).