Category Archives: Staleness

CA8: (1) In drug conspiracy case, the govt overcame staleness because of ongoing crime; (2) Issuance of SW in D.Neb. by non-cross designated USMJ in N.D.Iowa was subject to GFE

First, the search warrant in this drug conspiracy case wasn’t stale, although a long time had elasped during and between the times recorded in the affidavit of things that happened. While the evidence wasn’t strong, the deference accorded the issuing … Continue reading

Posted in F.R.Crim.P. 41, Good faith exception, Staleness, Warrant requirement | Comments Off

CA6: Arrest warrants don’t get stale like SWs

Application for a COA on a 2255 appeal for failing to timely file a motion to suppress is denied. Arrest warrants don’t get stale like search warrants, and such a staleness argument would fail. Also, the record shows that the … Continue reading

Posted in Arrest or entry on arrest, Staleness | Comments Off

W.D.N.C.: The time limit for execution of a SW doesn’t apply to the off-site search of a computer seized

The time limit for the search to occur in the warrant is for the place to be searched. When computers are seized under the warrant to be searched elsewhere, they are not subject to that time limit. United States v. … Continue reading

Posted in Computer searches, Staleness, Warrant execution | Comments Off

M.D.La.: Any exigency ended with def’s arrest; no facts showed others present

Any exigency involving defendant in his house evaporated when he was arrested and handcuffed. The mere possibility others are present can be exigency, but it requires pointing to actual facts, not possibilities. The court credits defendant’s own testimony damaging to … Continue reading

Posted in Emergency / exigency, Staleness | Comments Off

W.D.Mo.: Observed drug deals with CI showed reliability and lack of staleness of information

A state court judge issued a tracking warrant for defendant’s car based on a heavily corroborated CI who did drug deals with the defendant while LEOs watched. This “shows that the confidential information was reliable and that the information was … Continue reading

Posted in Informant hearsay, Probable cause, Staleness | Comments Off

CA5: 15 minute delay between traffic offense and stop wasn’t constitutionally “stale”

15 minute delay between traffic offense and stop wasn’t constitutionally “stale.” Also, collective knowledge applies to reasonable suspicion. United States v. Zuniga, 2017 U.S. App. LEXIS 9958 (5th Cir. June 5, 2017). The smell of alcohol after driving the wrong … Continue reading

Posted in Drug or alcohol testing, Staleness | Comments Off

E.D.Ky.: Affidavit for SW that didn’t mention time or continuation of drug possession was stale

Affidavit for search warrant that did not specify time and numbers of occurrences was stale. “Here, the affidavit simply states that the informant told Chief Bird that Defendant had a rock of crystal methamphetamine weighing about seven or eight ounces … Continue reading

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D.Ariz.: Body camera video and audio showed the officer was diligent and not prolonging the stop

“Indeed, as pointed out by the magistrate judge, the ‘body camera video and audio demonstrate that Trooper Duckett was working diligently in trying to locate Ms. Glenn’s license information, but it did take some time to find it.’” Finally, the … Continue reading

Posted in Body cameras, Reasonable suspicion, Staleness | Comments Off

OH2: Direction to def to not reach into his own pocket for a consent search wasn’t a seizure

Defendant’s attempt to reach into his own pocket did not constitute an unequivocal withdrawal of the consent to search he had given to the officer. Defendant’s conduct appeared to have been an attempt to help facilitate the search, not to … Continue reading

Posted in Seizure, Staleness | Comments Off

MO: Two week old information in call to child maltreatment hotline was not stale nor without exigency

A call to a child maltreatment hotline was made two weeks after the observation that motivated the phone call. The exigency still existed for a warrantless entry. State v. Prince, 2017 Mo. App. LEXIS 348 (April 25, 2017). Defendant’s vehicle … Continue reading

Posted in Emergency / exigency, Pretext, Staleness | Comments Off