The U.S. Supreme Court will decide whether to hear the case of Zamudio v. United States which raises the issue of whether a search warrant can legally be issued for a suspected drug trafficker’s residence without evidence that the residence is being used for criminal activity. Attorneys for Juan Zamudio filed a petition for writ of certiorari asking the U.S. Supreme Court to resolve the current circuit split and establish a uniform legal standard for the basis of search warrants for suspected drug traffickers’ residences.
When can a judge approve a search warrant for a home in a Drug Trafficking case?
Typically, a judge can only approve a search warrant application if there is a “nexus” between the crime and the location to be searched and “reasonable cause to believe specific things” with be found there. In the 7thcircuit, however, the mere fact that there is evidence a person is engaged in drug trafficking is sufficient evidence for a judge to issue a search warrant for the suspect’s residence, even if there is no evidence that anything specific will be found there which links the suspect to the alleged criminal activity.