Category Archives: Staleness

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

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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

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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

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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

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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

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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

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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

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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

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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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