Category Archives: Staleness

N.D.Cal.: Potential for risk of violence justified nighttime search

Defendant’s motion to suppress on several grounds is denied. The affidavit showed probable cause, and the good faith exception would apply anyway. The affidavit for a firearm wasn’t stale; the information about weapons was still “fresh” even though a shooting … Continue reading

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NE: Three day old information vehicle was involved in a shooting was RS

There was reasonable suspicion for the stop of defendant’s vehicle on a three day old report of it being involved in a shooting. On appeal from a denial of a motion to suppress, the evidence from both the suppression hearing … Continue reading

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S.D.Ga.: Fact an officer knew of suspect from prior contact doesn’t preclude running name and dob for warrants

The fact an officer knew a suspect from prior interactions doesn’t mean that the officer can’t run the name and dob for warrants. New Covenant Church v. Futch, 2021 U.S. Dist. LEXIS 22523 (S.D. Ga. Feb. 5, 2021). Defense counsel … Continue reading

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E.D.Tenn.: Facebook is not a government actor

Facebook is not a government actor, even if NCMEC is under the Tenth Ciruit’s Ackerman. United States v. Sykes, 2021 U.S. Dist. LEXIS 9580 (E.D. Tenn. Jan. 19, 2021). 46 days from a child pornography download by the government to … Continue reading

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CA6: “Hey, man, I said come here” was still a consensual encounter

The district court’s finding of fact is not clearly erroneous. The officer said he said “please” and defendant said he said “Hey, man. … Hey, come here,” and when defendant continued to walk, the officer supposedly yelled, “Hey, man, I … Continue reading

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M.D.Pa.: Conduct shown in affidavit was “protracted” and it wasn’t stale

The search warrant wasn’t stale because the conduct under investigation was “protracted.” “Williams’ piecemeal approach to the facts of the affidavit fails to acknowledge that probable cause is a holistic, totality-of-the-circumstances assessment. … The age of some of the historical … Continue reading

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N.D.Ga.: Two decades of drug activity in SW for cell phone wasn’t stale because of recent information

A two decade long drug investigation into defendant didn’t rely solely on stale information to obtain a search warrant for her cell phone. “The affidavit established that she was involved in a prolonged criminal activity, that she used electronic media … Continue reading

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OH5: For collective knowledge, state needs to call all officers involved

Defendant prevails on his claim the state failed to show collective knowledge. Only one officer testified at the suppression hearing, and nothing showed what the reporting officer knew. State v. Chattoo, 2020-Ohio-6800, 2020 Ohio App. LEXIS 4635 (5th Dist. Dec. … Continue reading

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W.D.La.: Protective sweep for AK-47 was reasonable on knock-and-talk for weapon, denial of entry, and smelling MJ; one officer was to leave for SW

Police properly conducted a protective sweep for an AK-47 after a knock-and-talk did not gain entry. Police had an anonymous source, and defendant was an alleged felon in possession, and they went for a knock-and-talk. Defendant refused to consent, and … Continue reading

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M.D.Pa.: Error in USPS tracking number of parcel in SW was a “mere technical error” when it was readily apparent they had right package

Error as to USPS tracking number in an anticipatory warrant wasn’t fatal and didn’t make the warrant not particular. All the other information was correct as to sender, recipient, description, and shipping location. This was a “mere technical error” that … Continue reading

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IL: PC for open container in car permitted search of locked glove compartment

Probable cause that a vehicle had open containers in it permitted a search of the locked glove compartment because it was a place where an open container could be. People v. McGhee, 2020 IL App (3d) 180349, 2020 Ill. App. … Continue reading

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N.D.Cal.: 17 day delay in SW for firearm involved in alleged shooting isn’t stale

A search warrant based on a shooting 17 days earlier for the firearm wasn’t stale, and it was based on probable cause, despite a Franks challenge on part of it. United States v. Sembrano, 2020 U.S. Dist. LEXIS 211699 (N.D. … Continue reading

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GA: Where state constitution or statute are recognized to be susceptible to a broader interpretation than the 4A, appellant has to show why or how; otherwise, it’s waived

Defendant also relies on the state constitution as well as statute in addition to the Fourth Amendment. “However, Hinkson makes no argument that state law provides a rule substantively different as applied to this case from that of the Fourth … Continue reading

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MA: CP warrant wasn’t stale where information was 7 months old and he was a collector

Defendant’s motion to suppress was properly denied. The affidavit referred to child pornography access on the internet seven months before the search warrant was sought, and it was not stale because it was likely child pornography would be found in … Continue reading

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MA: SnapChat video of def with a firearm two days before SW was PC

A SnapChat video of defendant with a gun two days earlier was probable cause for a search warrant. Commonwealth v. Watkins, 2020 Mass. App. LEXIS 139 (Sept. 16, 2020). “Plaintiffs’ Amended Complaint asserts a Fourth Amendment claim for unreasonable search … Continue reading

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S.D.Ohio: Child abuse allegation isn’t stale because it’s of “continuing concern”

The information for the search warrant was not stale: “In this light, the information about child abuse was not stale. Indeed, the character of the alleged crime—abuse of a child—was grounds for continuing concern.” As to continuing a traffic stop: … Continue reading

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