context: Neither the affiant nor the informant reported having witnessed a drug transaction in the residence or a drug transaction involving anyone who was there or resided there. The affidavit contains no statement which asserts that anyone saw drugs in the residence or on a person at the residence.
citation_a.signal: see also
citation_a.identifier: 389 S.E.2d 180, 180
citation_a.parenthetical: holding that evidence was admissible under the good faith exception where the affidavit contained "a detailed description of the nature of the offense, the premises to be searched, the items for which they were searching, and the transaction which led the informant to believe that the drugs would be in this apartment"
citation_a.sentence: See Janis v. Commonwealth, 22 Va.App. 646, 653-54, 472 S.E.2d 649, 653 (1996) (holding that the “affidavit gave absolutely no indication that the fruits of criminal activity would probably be found at that location, rendering [the officer’s] belief in probable cause, based solely on the affidavit, objectively unreasonable ”), aff'd en banc, 23 Va.App. 696, 479 S.E.2d 534 (1996); see also Atkins, 9 Va.App. at 464, 389 S.E.2d at 180 (holding that evidence was admissible under the good faith exception where the affidavit contained “a detailed description of the nature of the offense, the premises to be searched, the items for which they were searching, and the transaction which led the informant to believe that the drugs would be in this apartment”).
citation_b.signal: see
citation_b.identifier: 472 S.E.2d 649, 653
citation_b.parenthetical: holding that the "affidavit gave absolutely no indication that the fruits of criminal activity would probably be found at that location, rendering [the officer's] belief in probable cause, based solely on the affidavit, objectively unreasonable "
citation_b.sentence: See Janis v. Commonwealth, 22 Va.App. 646, 653-54, 472 S.E.2d 649, 653 (1996) (holding that the “affidavit gave absolutely no indication that the fruits of criminal activity would probably be found at that location, rendering [the officer’s] belief in probable cause, based solely on the affidavit, objectively unreasonable ”), aff'd en banc, 23 Va.App. 696, 479 S.E.2d 534 (1996); see also Atkins, 9 Va.App. at 464, 389 S.E.2d at 180 (holding that evidence was admissible under the good faith exception where the affidavit contained “a detailed description of the nature of the offense, the premises to be searched, the items for which they were searching, and the transaction which led the informant to believe that the drugs would be in this apartment”).