The affidavit for search warrant showed probable cause for a search and was not stale. The information included involved drug trafficking over a period of months from the house. That also shows nexus. Defendant’s argument that he was attempting to obtain drugs but did not have drugs fails. In any event, it all showed a fair probability drugs would be found in the house. United States v. Figueroa, 2013 U.S. Dist. LEXIS 1426 (N.D. Ohio January 4, 2013):
The Affidavit does illustrate cocaine discussions and/or narcotics transactions between Figueroa and CS-3 on July 12, 2012, July 31, 2012, August 9, 2012, and August 28, 2012. According to the Affidavit, Figueroa admits to possessing marijuana, and further admits his efforts to obtain cocaine for CS-3 from his suppliers at the significant price of $35,000.00 per kilogram. In light of these continuing conversations, up to the day before the execution of the Search Warrant, there is "a fair probability that contraband or evidence of a crime [would] be found in [that] particular place," i.e., 144 Hall Street, Akron, Ohio. United States v. Berry, 565 F.3d 332, 338 (6th Cir. 2009) (quoting Gates, 462 U.S. at 236).
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