Category Archives: Staleness

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

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D.Minn.: Officer’s affidavit showed PC that clothing or proceeds of robbery would be at def’s home seven weeks after robber

This search warrant in bank robbery case wasn’t stale when it was issued about seven weeks after the robbery for defendant’s home. Defendant had been identified as the robber, and the affidavit showed a reasonable probability, based on officer experience, … Continue reading

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E.D.Wis.: SW in tax fraud case wasn’t stale despite some information being years old

Defendants were indicted in a tax fraud scheme, and some of the information used to get the warrant was years old. The court finds it not stale on the totality because it is a records case and it is common … Continue reading

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D.Md.: Excessive force faction of 4A does not apply to property damage claims

The excessive force faction of the Fourth Amendment does not apply to property damage claims. Quality Care Daycare Bup, LLC v. Jones, 2018 U.S. Dist. LEXIS 166292 (D. Md. Sep. 27, 2018). [Plead unreasonableness] In a scheme involving fraudulently obtaining … Continue reading

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D.N.M.: Def parked car near his house but left it in gear with the key in the ignition; it was not abandoned

Defendant did not abandon his car. He parked it at his house and went inside. His dog was still inside. The entry into his car was reasonable under the community caretaking function because it was left in gear, and a … Continue reading

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M.D.La.: Typo in the address of the place to be searched not fatal where officers surveilled it before

There was an error in the address on the search warrant, but it’s clear to the court that there was no likelihood that the wrong apartment would be searched because the officers had surveilled it. There was reasonable suspicion for … Continue reading

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LA4: When state fails to get a SW for def’s medical records, it doesn’t get a do over to fix it

In State v. Skinner, 10 So.3d 1212 (La. 2009), the state supreme court held that there was a state constitutional warrant requirement for defendant’s medical records. Failing to do it right can’t be cured by a later warrant after it’s … Continue reading

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CO: Def doesn’t get a jury instruction in a DUI case that the officer could have sought a SW for blood

In a DUI case, defendant was not entitled to a jury instruction that the officer could have sought a search warrant for a blood draw. That’s not a jury question. People v. Gwinn, 2018 COA 130, 2018 Colo. App. LEXIS … Continue reading

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M.D.Tenn.: A delivery one week before the SW was supported by 3 known prior sales in 4 months

“Here, the last purchase was made one week before the application for the search warrant. By itself, this does not render the information from the CI stale. … Besides, ‘even if a significant period of time elapsed, it is possible … Continue reading

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TN: Because a probation search doesn’t require PC, staleness of information is not an issue

A probation search does not require probable cause, so staleness is not an issue. State v. Ward, 2018 Tenn. Crim. App. LEXIS 666 (Aug. 30, 2018). Defendant had a GPS put on his vehicle and thermal imaging of his building, … Continue reading

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WA: 20 days not too long for staleness in a theft case

In a theft case, 20 days between the theft of someone’s personal belongings and a search warrant for defendant’s house was not too stale. “Yet not too much time had passed to raise staleness concerns.” State v. Barboza-Cortes, 2018 Wash. … Continue reading

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LA2: No IAC for not challenging search of house two months after murder

Defense counsel wasn’t ineffective for not moving to suppress a search of defendant’s home two months after a murder because it wasn’t meritorious [and the court never says why it wasn’t]. State v. Critton, 2018 La. App. LEXIS 1618 (La. … Continue reading

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