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Unpublished Decisions

By Shari Allison

U.S. v. Welch, 2008 WL 4061166 (9/3/08) (unpub'd) - The good news: officers did not have probable cause for the issuance of a warrant to search the defendant's home when the information they had indicated the defendant had used his home to make meth several months before but that he had stopped doing so. The agents' arranged delivery of boxes of glassware, etc., the defendant had left at another's home and the defendant's acceptance of that delivery did not revive the stale information.Bad news: the good faith exception applies because there was a "minimal nexus" between the defendant's home and drug manufacturing.Also, the warrant to search the defendant's computers was specific enough because it only allowed the search for drug-related information...continue to full post

Full post as published by Tenth Circuit Blog on September 09, 2008 (boomark / email).