Category Archives: Staleness

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

Posted in Ineffective assistance, Staleness | Comments Off on LA2: No IAC for not challenging search of house two months after murder

WA: Even if CP warrant was overbroad (it’s not), severability makes seizure valid

One month old information received from Microsoft to NCMEC was not stale. (That is settled everywhere.) The search warrant was not too vague, and, even it if was, the court’s ability to sever invalid parts makes this search valid. State … Continue reading

Posted in Exclusionary rule, Overbreadth, Staleness | Comments Off on WA: Even if CP warrant was overbroad (it’s not), severability makes seizure valid

MA: Two day delay in getting SW for cell phone wasn’t unreasonable

Defendant’s cell phone was reasonably seized to preserve any evidence in it. The two day delay in getting a search warrant for it did not unreasonably interfere with defendant’s possessory interest in it. Commonwealth v. Cruzado, 2018 Mass. LEXIS 549 … Continue reading

Posted in Cell phones, Reasonableness, Staleness | Comments Off on MA: Two day delay in getting SW for cell phone wasn’t unreasonable

CA6: Nexus not shown by old and speculative information

The showing of nexus to defendant’s house for drug dealing was wholly insufficient: (1) a suspected drug dealer once parked there, (2) the owner had a 17 year old conviction for drugs, and (3) a four month old uncorroborated tip. … Continue reading

Posted in Nexus, Staleness | Comments Off on CA6: Nexus not shown by old and speculative information

CA9: Def didn’t have standing in her parents’ house that she used just to store stuff

Defendant kept stuff at her parents’ house, which was searched with a warrant for her stuff. She lacked standing because it was merely a storage place shared with others. The search warrant was narrowed by the district court with partial … Continue reading

Posted in Probable cause, Staleness, Standing | Comments Off on CA9: Def didn’t have standing in her parents’ house that she used just to store stuff

W.D.Mo.: Cell phone seized during child porn raid was initially seized and searched, and then seven months later searched again; no exclusion

The defendant’s cell phone was seized during a child pornography raid. The phone was attempted to be searched reasonably promptly, and it was confirmed there was child pornography on it. The search was not completed, however, because of problems with … Continue reading

Posted in Cell phones, Staleness, Warrant execution | Comments Off on W.D.Mo.: Cell phone seized during child porn raid was initially seized and searched, and then seven months later searched again; no exclusion

TN: Seizure of a cell phone incident to arrest is provided for in Riley; search still requires warrant

Defendant’s cell phone was properly seized incident to his arrest, as contemplated by Riley. It was not searched until a search warrant was obtained. State v. Wade, 2018 Tenn. Crim. App. LEXIS 523 (July 13, 2018). The search warrant for … Continue reading

Posted in Cell phones, Nexus, Search incident, Staleness | Comments Off on TN: Seizure of a cell phone incident to arrest is provided for in Riley; search still requires warrant

E.D. Mich.: Typo on date of affidavit can be overlooked when proven

The search warrant was facially stale, having been issued on February 7th where the affidavit was signed on January 7th. It’s shown to be a typographical error that may be overlooked. The search warrant was accompanied by its affidavit, and … Continue reading

Posted in Informant hearsay, Particularity, Staleness | Comments Off on E.D. Mich.: Typo on date of affidavit can be overlooked when proven

M.D.Pa.: Three robberies was a pattern sufficient to allow a broader search period and thus overcame this staleness challenge

Three armed robberies showed a pattern of activity that allowed a broader period in the application for the warrant, and thus overcame a staleness challenge. The affidavits for search warrant provided a substantial basis for finding probable cause, especially considering … Continue reading

Posted in Apparent authority, Consent, Staleness | Comments Off on M.D.Pa.: Three robberies was a pattern sufficient to allow a broader search period and thus overcame this staleness challenge

S.D.Ga.: CI information was a little stale, but the officer’s corroroboration was with current information and that overcame staleness

The CI’s information was a little dated and potentially stale, but it was corroborated by current information and that was probable cause. United States v. Mobley, 2018 U.S. Dist. LEXIS 101640 (S.D. Ga. June 18, 2018). “In this case, by … Continue reading

Posted in Arrest or entry on arrest, Attenuation, Informant hearsay, Staleness | Comments Off on S.D.Ga.: CI information was a little stale, but the officer’s corroroboration was with current information and that overcame staleness

NC: 20 month old information wasn’t stale in a counterfeit goods case

The affidavit for search warrant in this counterfeit goods case at defendant’s house had information 20 months old. But, the keeping of the counterfeit goods was an ongoing operation being sold around the area, and the search warrant wasn’t stale. … Continue reading

Posted in § 1983 / Bivens, Staleness | Comments Off on NC: 20 month old information wasn’t stale in a counterfeit goods case

NC: “Thursday” in a SW affidavit means the previous Thursday, and the search warrant wasn’t stale when issued

This case started with an anonymous letter about alleged drug sales at defendant’s residence. A trash pull was conducted on “Thursday.” Read in context, that means the previous Thursday, and the search warrant wasn’t stale when issued. State v. Teague, … Continue reading

Posted in Probable cause, Staleness | Comments Off on NC: “Thursday” in a SW affidavit means the previous Thursday, and the search warrant wasn’t stale when issued