Category Archives: Staleness

PA: Date typo in affidavit for SW could be corrected in context of totality

A typographical error in a date of an occurence in the affidavit for search warrant for the year (2013 instead of 2014) could be overlooked in context of the affidavit as a whole which showed it a mere typo. Commonwealth … Continue reading

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E.D.Mich.: Def’s disclaiming ownership of cell phone when seized is a lack of standing, even when he claimed it after it rang

Defendant had no standing to challenge a search of a cell phone found in his car that he said belonged to his girlfriend. “Jackson does not deny that he disclaimed ownership of the phone at the time it was seized. … Continue reading

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D.N.J.: Previous finding of good faith applies to later Franks challenge

Defendant had already filed a suppression motion and lost on good faith. Now he files a motion based on Franks that statements of witnesses in quote marks weren’t accurate. The previous finding of good faith carries over to here, and … Continue reading

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CA11: While time wasn’t clearly stated, it was inferred on the totality; therefore, not stale

While the affidavit for the search warrant didn’t clearly specify a time frame, it was inferred, and it was clearly reasonable to conclude on the totality that the defendant would still have the sought after images on his computer. United … Continue reading

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UT: While the CI’s stories alone were weak, police corroborated them

The two CI’s stories were weak in themselves, but the police succeeded in corroborating enough to rise to probable cause. State v. Matheson, 2018 Utah App. LEXIS 66 (Apr. 13, 2018).* Hitting the lane dividing line was justification for the … Continue reading

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N.D.Ohio: There was a fair inference business records would be at def’s house

When a white collar investigation is underway, the staleness inquiry is more flexible because records, as opposed to drugs, are regularly kept for a long time. It was reasonable here to conclude that business records would be found at defendant’s … Continue reading

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OH7: 23 days isn’t stale in a SW for guns

The police were in defendant’s house and observed guns. They didn’t realize that he was a felon in possession until two weeks later. Then they sought a warrant 23 days after seeing the guns. That wasn’t unreasonable considering the fact … Continue reading

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D.Minn.: Older information about drugs confirmed by an ion scan of door knob 72 hours before SW not stale

Officers received detailed information in May 2017 of several being involved in the drug trade in April 2017. This resulted in a search warrant of others. Another CI provided information about June 2017. “In addition to Defendant being seen in … Continue reading

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GA: Def failed to show standing in apt he was arrested in in early morning hours

Being arrested in an apartment that’s not yours doesn’t confer standing without some proof of a relationship to the property. The evidence at the suppression hearing did not address defendant’s status relative to the apartment; i.e., whether he was the … Continue reading

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S.D.W.Va.: SW for apartment five days after car was found nearby with PC inside it wasn’t stale

Defendant stopped at a DUI checkpoint, officers could see marijuana through the window, and then defendant fled the checkpoint. Officers gave chase. They found the car at an apartment complex, seemingly abandoned, parked with the door open and engine running. … Continue reading

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CA6: SW for house where CP was created and sex trafficking occurred wasn’t stale after two months

Defendant was convicted of creating child pornography and sex trafficking minors. The search warrant was issued two months after the last act, but the list of acts (photography of CP; beatings) that occurred in defendant’s residence and the things sought … Continue reading

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D.Mont.: Gun possession not stale after 5 months

A CI’s reference to guns in defendant’s house in Dec. 2016 was not stale by April 2017. Defendant’s arguments about a Franks violation are rejected for lack of materiality to the finding of probable cause. United States v. Wilson, 2017 … Continue reading

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