Category Archives: Staleness

E.D.Mo.: Older information in SW application substantiated by CI information from day before; not stale

Parts of the information were old, but the search warrant was not stale because a critical part of the affidavit showed that there was credible reason to believe drugs would be found there because of the CI’s observation the day … Continue reading

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W.D.N.C.: Omitted facts for Franks purposes are intentional in one sense, but not presumably intentionally misleading

Omitted facts for Franks purposes are intentional in one sense, but not presumably intentionally misleading. Not every thing the affiant knows makes it in there. Also, citizen informant’s statement defendant was seen with a gun five weeks before the search … Continue reading

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D.N.M.: SW wasn’t stale; def was doing enough to show his conduct was ongoing, and the officers didn’t even know he’d moved just before the raid

The search warrant was not stale. While there was reference to activities three months before the warrant was issued, defendant was seen coming and going from the location on the way to do drug transactions with a known drug dealer … Continue reading

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D.Kan.: Recusal motion can’t be used as subterfuge just to get rehearing of denied motion to suppress

This second recusal motion looks like defendant is just trying to get rehearing of the denial of his motion to suppress in front of a different judge, and it’s denied. United States v. Williamson, 2019 U.S. Dist. LEXIS 133111 (D. … Continue reading

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E.D.Pa.: Information from a Sept. ’17 SW made it into Oct. ’18 SW affidavit and it wasn’t stale becuase of ongoing nature

Defendant’s property had been searched in September 2017. Information from that made it to a search warrant issued in October 2018, and it wasn’t stale because of the ongoing nature of the facts. United States v. Harmon, 2019 U.S. Dist. … Continue reading

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D.D.C.: Including 3 yo info in computer hacking SW application didn’t make it stale; it was ongoing

Defendant was suspected for years of distributing malware on his computer. The government included in the search warrant application information that was three years old. Because it was an ongoing international enterprise, the information in the search warrant wasn’t stale. … Continue reading

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E.D.Mich.: Second SW issued three weeks after first had no additional information to overcome staleness; no GFE

Defendant was the target of a search warrant. Three weeks later, police obtained another search warrant using the prior information attempted to be supplemented by defendant’s Facebook page. There was also a failed controlled buy there. There was insufficient new … Continue reading

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D.Minn.: Four month old information about guns in a drug SW on three day old information wasn’t stale

The affidavit for search warrant mentioned methamphetamine as something to be seized, and there was probable cause for it. Four month old information about firearms on the premises in a drug search warrant on information 72 hours old wasn’t stale … Continue reading

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IA: Def’s prior stashing of burglary proceeds at home was nexus in this SW application

Nexus was shown to the house searched because defendant was known to have stashed burglary proceeds there before. [A good lack of standing argument could have been made and was unnecessary.] State v. Adams, 2019 Iowa App. LEXIS 574 (June … Continue reading

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N.D.Ind.: Not putting in affidavit after controlled buy that CI was searched doesn’t void the SW

The officer’s failure to include in the affidavit that the CI was searched before going in is a matter for the issuing judge to consider. “Here, the lack of information regarding the credibility of the purchasers as well as the … Continue reading

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OH10: Two year old email wasn’t stale for CP SW probable cause

A two year old incriminating e-mail was not stale for a child pornography search warrant. State v. ShaskusState v. ShaskusState v. Shaskus, 2019-Ohio-2190, 2019 Ohio App. LEXIS 2273 (10th Dist. June 4, 2019). Defense counsel acted reasonably in foregoing appealing … Continue reading

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W.D.N.Y.: PC was shown in the affidavit; the possibility of another innocent explanation doesn’t undermine PC

There was probable cause for issuance of the search warrant for defendant’s house. The possibility of another explanation doesn’t mean there isn’t probable cause. “The defendant argues that the facts are equally consistent with the possibility that the narcotics were … Continue reading

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