Category Archives: Staleness

PA: SW for cell phone extraction executed after expiration was treated as a warrantless search

A search warrant executed on cell phones for extraction of data expired four days before the search. Therefore, the search was warrantless, and the trial court should have suppressed. Commonwealth v. Bowens, 2020 Pa. Super. LEXIS 22 (Jan. 17, 2020). … Continue reading

Posted in Cell phones, Staleness, Warrant execution | Comments Off on PA: SW for cell phone extraction executed after expiration was treated as a warrantless search

N.D.Ohio: Ongoing drug operation overcame staleness challenge

The 71-page affidavit for search warrant here did not go stale before issuance. There was plenty of information about an ongoing drug operation. Between then and when the officers decided to get a search warrant, the original information hadn’t gone … Continue reading

Posted in Nexus, Staleness | Comments Off on N.D.Ohio: Ongoing drug operation overcame staleness challenge

D.Minn.: R&R rejected; granting Franks motion without a hearing was error because alleged false statement had two interpretations

The USMJ’s failure to conduct a Franks hearing in recommending a motion to suppress be granted was erroneous. The challenged statement was subject to two interpretations. “Faced with this situation, a Franks hearing would have allowed the Magistrate Judge to … Continue reading

Posted in Franks doctrine, Staleness | Comments Off on D.Minn.: R&R rejected; granting Franks motion without a hearing was error because alleged false statement had two interpretations

D.Md.: Even with MJ decrim, smell of MJ from a vehicle is still PC by statute and state case law

According to the state courts and statute, the smell of marijuana from a van was still probable cause in Maryland despite decriminalization. The search of the vehicle and a backpack within was thus lawful. United States v. Palacio, 2019 U.S. … Continue reading

Posted in Probable cause, Staleness | Comments Off on D.Md.: Even with MJ decrim, smell of MJ from a vehicle is still PC by statute and state case law

E.D.N.C.: On a video that’s integral to the PC, the reliability of the time stamp isn’t to be inquired into or it becomes a “hypertechnical” review

Defendant was on a surveillance video 33 days before a search warrant was sought for the weapon since he was a felon. The warrant was not stale because people almost always keep firearms for a long time. Defendant’s challenge to … Continue reading

Posted in Admissibility of evidence, Burden of pleading, Staleness | Comments Off on E.D.N.C.: On a video that’s integral to the PC, the reliability of the time stamp isn’t to be inquired into or it becomes a “hypertechnical” review

E.D.Mich.: Broad SW for cell phone photos was reasonable because of how they’re stored

A broad search warrant for photographs on a cell phone was reasonable because that’s the only way the photos can be searched. In addition, the good faith exception applies. United States v. Hawkins, 2019 U.S. Dist. LEXIS 214030 (E.D. Mich. … Continue reading

Posted in Particularity, Staleness | Comments Off on E.D.Mich.: Broad SW for cell phone photos was reasonable because of how they’re stored

D.V.I.: GFE applies to searches before the court held U.S. to V.I. packages weren’t border searches

Applying its prior Baxter case, the District of the Virgin Islands holds that the border search exception doesn’t apply to mail and packages shipped from the Continental U.S. The searches here, however, predated Baxter, so the good faith exception applies. … Continue reading

Posted in Border search, Good faith exception, Staleness | Comments Off on D.V.I.: GFE applies to searches before the court held U.S. to V.I. packages weren’t border searches

E.D.Pa.: Length of def’s participation in DTO undermines his staleness argument

There was probable cause defendant was a major player in a DTO, and that his participation went on for months. This, he concedes, undermines his staleness argument. United States v. Williams, 2019 U.S. Dist. LEXIS 211403 (E.D. Pa. Dec. 6, … Continue reading

Posted in Probation / Parole search, Staleness | Comments Off on E.D.Pa.: Length of def’s participation in DTO undermines his staleness argument

CA9: Three-month-old information about where probationer lived wasn’t stale for probation search

Probation officers could rely on a three-month-old list that showed defendant’s brother lived there and he was on probation. The list was not stale because there was no suggestion the brother’s tenancy was transitory. Defendant’s claim the probation search as … Continue reading

Posted in Border search, Mail and packages, Probation / Parole search, Staleness | Comments Off on CA9: Three-month-old information about where probationer lived wasn’t stale for probation search

OR: Ten-year-old information in a SW for evidence of child sexual abuse wasn’t stale

Defendant was convicted of 11 counts of child sexual abuse from acts that occurred at a gymnastic business that had sleepovers of young female gymnasts. In making its case, the state used ten-year-old information in a search warrant application for … Continue reading

Posted in Staleness | Comments Off on OR: Ten-year-old information in a SW for evidence of child sexual abuse wasn’t stale

E.D.Mich.: Def’s giving false name justifies extending stop

Defendant’s giving a false name extended the stop and added to the reasonable suspicion to detain him after his true identity was discovered. United States v. Jackson, 2019 U.S. Dist. LEXIS 188225 (E.D. Mich. Oct. 30, 2019). The affidavit for … Continue reading

Posted in Good faith exception, Nexus, Reasonable suspicion, Staleness | Comments Off on E.D.Mich.: Def’s giving false name justifies extending stop

IN: SW obtained off of lost drone video wasn’t stale when it was only about four days

A lady found a drone in her yard, and she was already concerned about people flying drones over her house. A computer memory card was in the drone. She looked at it, and called the police and turned it over. … Continue reading

Posted in Cell site location information, Staleness | Comments Off on IN: SW obtained off of lost drone video wasn’t stale when it was only about four days