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07-1874 U.S. v. Hoffman

By: dmc-admin//March 17, 2008//

07-1874 U.S. v. Hoffman

By: dmc-admin//March 17, 2008//

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Search and Seizure
Search warrants; probable cause

Participation in drug trafficking constitutes probable cause to search the participant's residence.

"It is true that the presence of narcotics in a defendant's car does not, by itself, establish probable cause to search his home, even if the car is registered to his address. United States v. Dickerson, 975 F.2d 1245, 1249-50 (7th Cir. 1992). However, participation in drug trafficking activities can create probable cause to search a participant's residence, even without direct evidence that drug-related activity is occurring there, because '[i]n the case of drug dealers, evidence is likely to be found where the dealers live.' United States v. Lamon, 930 F.2d 1183, 1188 (7th Cir. 1991) (quoting United States v. Angulo-Lopez, 791 F.2d 1394, 1399 (9th Cir. 1986)). Indeed, the traffic stop and eventual discovery of nearly thirty grams of cocaine in separate baggies would lead an issuing judge to reasonably infer that Hoffman was involved in drug trafficking, and that the activity occurred in his home. Since there was no evidence that Hoffman was using another residence for his drug business, and since he was found with an amount of cocaine in his car that was almost identical to the quantity that he stated he was preparing in his home just minutes before, it was reasonable to find probable cause to search his apartment even if the challenged statements were eliminated."

Affirmed.

07-1874 U.S. v. Hoffman

Appeal from the United States District Court for the Northern District of Indiana, Miller, J., Flaum, J.

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