Category Archives: Staleness

ND: 14 hour old information for a probation search was not stale

14 hour old information for a probation search was not stale. State v. Stenhoff, 2019 ND 106 (Apr. 11, 2019). Defendant didn’t preserve his search issues for appeal under state law. “In attempting to reserve the question of whether Defendant … Continue reading

Posted in Probation / Parole search, Staleness, Standards of review | Comments Off on ND: 14 hour old information for a probation search was not stale

MA: Six month old info of possession of a gun requires something else to show it was ongoing to not be stale

A single firearm seen in the house six months before the search warrant was sought, without some evidence possession was ongoing, wasn’t enough to overcome staleness. Commonwealth v. Hart, 2019 Mass. App. LEXIS 43 (Apr. 11, 2019):

Posted in Staleness | Comments Off on MA: Six month old info of possession of a gun requires something else to show it was ongoing to not be stale

CA2: Unlicensed and unauthorized and driver of rental car had no standing under Byrd

Unlicensed and unauthorized driver of rental car had no standing under Byrd. United States v. Lyle, 2019 U.S. App. LEXIS 9457 (2d Cir. Apr. 1, 2019). Defendant signed a search waiver as a condition of community control, and that was … Continue reading

Posted in Probation / Parole search, Staleness, Standing | Comments Off on CA2: Unlicensed and unauthorized and driver of rental car had no standing under Byrd

NY4: State didn’t show that CI actually existed; reversed

The state didn’t make a sufficient showing required by NY law that the CI actually existed. The motion to suppress should have been granted. People v. Givans, 2019 NY Slip Op 02220, 2019 N.Y. App. Div. LEXIS 2237 (4th Dept. … Continue reading

Posted in Informant hearsay, Particularity, Staleness | Comments Off on NY4: State didn’t show that CI actually existed; reversed

D.V.I.: Nearly two month old information for a bank robbery SW wasn’t stale

Where there were two bank robberies allegedly attributable to defendant (September 2 and October 23, 2014). The search warrant issued after the latter could seek information and evidence from the former because it was apparently an ongoing operation. Even if … Continue reading

Posted in Abandonment, Staleness | Comments Off on D.V.I.: Nearly two month old information for a bank robbery SW wasn’t stale

MO: “All data” SW for cell phone was particular where crimes under investigation also listed in SW

No Missouri case deals with the question of particularity in a cell phone search. One group finds “all data” warrants not particular. Others hold such warrants valid if the crime under investigation is also mentioned. Here it was mentioned to … Continue reading

Posted in Cell phones, Particularity, Staleness | Comments Off on MO: “All data” SW for cell phone was particular where crimes under investigation also listed in SW

TN: CI’s drug information about def’s house “within previous 72 hours” not stale

A CI who’d been in defendant’s house reported that defendant had a quantity of marijuana for sale, and it was reported by the officer in the affidavit to have been within the previous 72 hours. Probable cause was shown for … Continue reading

Posted in Probable cause, Staleness | Comments Off on TN: CI’s drug information about def’s house “within previous 72 hours” not stale

CA11: Occasional visitor at house had no standing

“Here, Rodriguez’s limited relationship to Weeks’s house does not grant him a reasonable expectation of privacy in it. Rodriguez testified at the suppression hearing that he went to Weeks’s house after being invited, not on his own accord. He also … Continue reading

Posted in Staleness, Standing | Comments Off on CA11: Occasional visitor at house had no standing

N.D.Okla.: “firearms are tangible objects of habitual retention” and that overcomes def’s staleness argument

“Officer Campbell averred that, based on her experience and training, she knows that firearms are tangible objects of habitual retention, and once a person acquires a firearm, he or she usually keeps said weapon for a long period of time.” … Continue reading

Posted in Probable cause, Staleness | Comments Off on N.D.Okla.: “firearms are tangible objects of habitual retention” and that overcomes def’s staleness argument

S.D.Ill.: Merely living in a house and being alleged to be a criminal doesn’t create nexus; more is required, and the govt had it here

It is settled in this circuit that merely because a person lives in a house doesn’t create a nexus to the house for crime; more is required. Here, the government gets over that hurdle. Defendant was overheard talking about having … Continue reading

Posted in Nexus, Social media warrants, Staleness | Comments Off on S.D.Ill.: Merely living in a house and being alleged to be a criminal doesn’t create nexus; more is required, and the govt had it here

CA9: SW for stolen property in def’s house wasn’t stale despite it being a month

Defendant’s thumb print on a beer can found in a burglarized house was a reasonable inference he was involved. The search warrant for his house for stolen property wasn’t stale because it was reasonable to believe he would still be … Continue reading

Posted in Reasonable suspicion, Staleness | Comments Off on CA9: SW for stolen property in def’s house wasn’t stale despite it being a month

S.D.Ohio: Warrant was still particular because attachments were present at time of search

The search warrants here were particular because the affidavits and attachments were incorporated by reference and present at the time of the search. The temporal limitations on the warrant were not vague and stale. It was limited in scope otherwise. … Continue reading

Posted in Particularity, Staleness, Standing | Comments Off on S.D.Ohio: Warrant was still particular because attachments were present at time of search