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  1. #19
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    Default Re: Enough Probable Cause for Search Warrant

    Quote Quoting Frozen Tundra
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    In a couple cases the lawyer found, when a Judge misses something during their reading of affidavit,
    or ignore something pertinent, they have abandoned their judicial role.
    There are lots of findings in lots of cases. But there is a world of difference between having a record that establishes that the judge missed something, and making wild, unsubstantiated allegations that the judge may have missed something based upon a theoretical misreading of an accurate affidavit.
    Quote Quoting Frozen Tundra
    Many lawyers I have spoken to suggested that requisite nexus is criminal justice 101.
    That nexus was found by the both the magistrate who issued the warrant and by the trial court. You just happen not to like those findings.
    In the attorneys research, similiar cases where SW was quashed, and good faith denied, the argument was that since the affiant was same person as who served SW the GF exception especially does not apply because he especially was full aware of probable cause lacking nexus to the residence
    As you have already been told, you are not in Illinois; further, you are not even accurately stating the law as it exists in Illinois.
    Quote Quoting Frozen Tundra
    Pattern or not, assumptions or coincidences are not enough for PC.
    This isn't a coincidence. You were running grow-ops in both locations, and were sloppy with what you put into the trash. In one case, you put the evidence of your criminal activity into the same trash bag as some of your personally identifying trash. You don't like that you were caught and successfully prosecuted -- I get that -- but repeated findings of your criminal activity in the trash is direct evidence of your criminal activity, and your very high electrical bill is additional circumstantial evidence of your criminal activity.

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