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D.Utah: Nexus did not have to be determined where there was a subsantial basis for issung the warrant under the GFE

By John Wesley Hall, Jr.

Defendant was under investigation for being an unlicensed firearms exporter, buying 17 guns just before a trip to Guatemala. There were other international trips, too. A search warrant was obtained for the home, and a computer and iPhone were seized. Separate search warrants were obtained for the computers and phone. There was probable cause for the home based on the ATF Form 4473s that listed the home as defendant's address. The court does not have to decide nexus because there was at least a substantial basis for concluding there was nexus. United States v. Corleto, 2009 U.S. Dist. LEXIS 10826 (D. Utah February 5, 2009).* Blocking defendants car on a parking lot, and defendant then pulling up along side the police car. That was submission to a show of authority and a seizure...continue to full post

Full post as published by Fourth Amendment on February 16, 2009 (boomark / email).