US v. Barnes, No. 06-2268. This drug-dealing case holds that a search warrant was supported by probable cause, despite the District Court’s denial of a Franks Hearing. The First notes that since every part of the drug transaction occurred as a confidential informant said it would, he proved reliable. Secondly, the First rejects the argument that a search warrant lacked a nexus with the searched house, but the First says that the informant provided enough details. Third, the First then says that the affidavit is “good enough” despite the fact that the defendant is able to point to some language that might make it factually impossible. So, “common sense” rather than “hyper-technicality” helps put another member of the public in jail for a long time, where the taxpayers will support him.
The First also rejects an unpreserved insufficiency
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