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Criminal Law: Conspiracy to Distribute Heroin-Motion to Suppress-Probable Cause
Staff Report//March 18, 2019
Criminal Law: Conspiracy to Distribute Heroin-Motion to Suppress-Probable Cause
Staff Report//March 18, 2019
Defendant appealed the denial of his motion to suppress evidence seized pursuant to a search warrant. The warrant was issued after investigators witnessed defendant engaged in what they believed were heroin transactions. Defendant argued that the warrant was unsupported by probable cause.
Where affidavit in support of warrant stated that defendant had met with persons found in possession of heroin paraphernalia and was observed making stops consistent with drug-trafficking behavior, there was sufficient evidence to support a finding of probable cause to issue a search warrant.
Judgment is affirmed.
U.S. v. Stewart (MLW No. 72919/Case No. 18-1616 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa
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