(Download) "State North Dakota v. Brian Mische" by Court of Appeals of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: State North Dakota v. Brian Mische
- Author : Court of Appeals of New York
- Release Date : January 20, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
The State appealed from an order suppressing drugs and related evidence seized in a warrant search of Brian Misches trailer home. The basic issues in this case are whether substantial evidence of criminal activity by a defendant at a place other than his home is sufficient probable cause to issue a warrant to search the home of the defendant and, if not, whether an affidavit of a police officer stating that in his experience and training "individuals who routinely deal or sell controlled substances normally keep a supply on hand for sale and do maintain records or other documentation of their controlled substances" is sufficient, when considered with the evidence of criminal activity of the owner unrelated to his home, to issue a warrant to search that home. Because we believe that evidence of criminal activity unrelated to a defendants home is not alone sufficient probable cause to search that home, and because we do not believe the affidavit provides sufficient evidence of criminal activity at the defendants home to constitute probable cause to search that home, we affirm.
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