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  1. #21
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    Sep 2005
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    Default Re: Enough Probable Cause for Search Warrant

    Burmeister holds, "Inaccuracies will not necessarily invalidate a warrant if the officer applying for the warrant also executed the warrant". So even if you had analogous facts, and you do not, even in Illinois it does not support your claim that, "since affiant is same investigator who served warrant, good faith exception does not apply".

    As for your continued complaint that there is not sufficient evidence to connect you to your garbage bags, again, you put identifying trash in one of the garbage bags at issue, and the circumstantial evidence that relates to your other garbage bag may in fact be ample to connect you to that bag. On this issue, Burmeister holds only that it is not sufficient to assume that trash that contains contraband was placed in a receptacle by the owner of the nearest house. Neither wishful thinking nor the use of the word "nexus" as a mantra is sufficient to overturn the magistrate's finding of probable cause. Even in Illinois, the fact that you did not include personally identifying materials in the garbage bag that contained your contraband is insufficient to require eyewitness testimony of you placing the trash bag outside of the home -- other evidence can be sufficient, even if you did not place (for example) discarded mail in that trash bag.

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