Category Archives: Staleness

N.D.Ind.: 911 caller’s info was transmitted and she revealed enough about herself to not be an anonymous CI

911 calls aren’t always truly anonymous. A 911 caller, whose number was captured by the system, called about a man pacing in a motel parking lot with a gun in hand. The caller gave enough information about herself that she … Continue reading

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CA5: SW for video voyeur’s recordings not stale; they are intended to be kept

An affidavit for a search warrant for a video voyeur’s recordings wasn’t stale because the digital information was to be downloaded, stored, and kept. United States v. Aleman, 2017 U.S. App. LEXIS 618 (5th Cir. Jan. 12, 2017). On the … Continue reading

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W.D.Pa.: Even a closed email account adds nothing to a child porn staleness argument

Officers in the U.S. received information from Queensland, Australia that an Australian using a hotmail account had been emailing child pornography. One of those was in this district. By the time the search warrant was sought nine months later, the … Continue reading

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D.Nev.: GPS warrant based on transaction from car three weeks earlier wasn’t stale

A GPS tracking warrant wasn’t stale based on a drug deal out of the car three weeks earlier. That led to probable cause to stop and search the vehicle two weeks later. United States v. Cabrera, 2016 U.S. Dist. LEXIS … Continue reading

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OH8: New information added to older information overcame staleness objection

Three months between seizure of defendant’s cell phone and search of his house based on the product of the first seizure wasn’t stale. Defendant was in a gang that recorded their crimes and uploaded them by phone to social media, … Continue reading

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C.D.Cal.: CP warrant on year old info wasn’t stale

Defendant’s child pornography search warrant wasn’t based on stale information even a year old. United States v. Ornelas, 2016 U.S. Dist. LEXIS 133809 (C.D.Cal. Sept. 27, 2016).* Defendant’s consent was involuntary, but the automobile exception justified the search of the … Continue reading

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E.D.Pa.: Probable cause did not become stale as defendant drove from Philadelphia to Erie with drugs

Probable cause did not become stale as defendant drove from Philadelphia to Erie with drugs. United States v. Andino, 2016 U.S. Dist. LEXIS 117097 (E.D.Pa. Aug. 31, 2016). “The fifteen minute period between Defendant’s initial stop and the contested canine … Continue reading

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CA9: Motion to suppress after conviction wasn’t timely

Defendant’s motion to suppress her cell phone search two weeks after conviction wasn’t timely, and no good cause shown. Riley being decided after her conviction is not “good cause.” United States v. Gonzalez, 2016 U.S. App. LEXIS 14298 (9th Cir. … Continue reading

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W.D.N.Y.: Independent source rule satisfied; illegal entry didn’t factor into SW

There was an illegal entry, but the police had probable cause already, and the search warrant affidavit didn’t include a word of it. Therefore, the first prong of the independent source doctrine was satisfied. As to the second, the investigation … Continue reading

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TN: There is no constitutional requirement that the homeowner be identified in a SW

The IP address for the house defendant was staying in was linked to child pornography, and the search warrant for the premises clearly described the single family dwelling. Thus, all the personal property of those associated with the property, except … Continue reading

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E.D.Mich.: CP warrant not stale; in addition, even deleted files were subject to recovery

Ten months was not too old in a child pornography case to make the information stale. Even so, deleted files were potentially recoverable by forensic analysis of the computer. United States v. Pinchot, 2016 U.S. Dist. LEXIS 67274 (E.D.Mich. April … Continue reading

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M.D.La.: SW for examination of boat two years after alleged false BP spill claim for repairs not performed wasn’t stale

Defendant was suspected of making a fraudulent claim in the BP oil spill litigation claiming repairs on a boat. The government gathered information from others that strongly suggested that the boat was neither damaged nor repaired. The government finally applied … Continue reading

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