¶1concurring: I concur with the majority’s decision in this case. However, as to the search of Kevin Dean Malm’s residence, I find that the search warrant affidavit alleged a sufficient factual nexus between Malm’s suspected criminal activity and his residence. Accordingly, I conclude the search warrant was supported by probable cause, and it is unnecessary to rely on the “good faith exception” enunciated in United States v. Leon, 468 U.S. 897, 918-22, 82 L. Ed. 2d 677, 104 S. Ct. 3405, reh. denied 468 U.S. 1250 (1984), in order to uphold the search of Malm’s residence.
37 Kan. App. 2d 532
154 P.3d 1154
State v. Malm
Decided April 6, 2007
Court of Appeals of Kansas · decided 2007-04-06
Cited by 10 later decisions — most recently April 2014
10 state decisions
Relies on United States v. Leon · South Street Seaport Museum v. McCarthy
Good law ✅— No negative treatment on recordhow we know
Decided 2007-04-06
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