Category Archives: Staleness

N.D.Ga.: Six month old information in gun sale case wasn’t stale

Defendant was alleged to have sold quantities of firearms more than once. Six month old information in a gun sale case was not stale. United States v. Fisher-Bland, 2017 U.S. Dist. LEXIS 199259 (N.D. Ga. Nov. 16, 2017), adopted, 2017 … Continue reading

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OH3: PC for anticipatory SW exists here merely because drug traffickers commonly use their home to store drugs

The trial court did not err by denying the motion to suppress because the issuing judge had a substantial basis for concluding that probable cause for an anticipatory search warrant existed. Evidence of drug trafficking, without more, furnished probable cause … Continue reading

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OH11: Admin SW for hoarding was issued with PC and wasn’t stale

Defendant here was referred to as “having a hoarding issue” because of a growing collection of junk in his yard and up against his house that was flammable and attractive to rodents. He was prosecuted for the exterior junk and … Continue reading

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D.Kan.: CP SW not stale [are they ever?]

The search warrant for child pornography was not stale, based on the officer’s experience. [Since no case has ever found staleness in child pornography cases, why don’t they just cut to the chase and take judicial notice?] United States v. … Continue reading

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PA: SW for firearm in defendant’s home was stale 15 months after the murder (but harmless)

A search warrant for a murder weapon in defendant’s house was stale when it was issued 15 months after the murder. It was, however, harmless error in this case. Commonwealth v. Jacoby, 2017 Pa. LEXIS 2274 (Sept. 28, 2017) (separate … Continue reading

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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

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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

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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

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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

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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

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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

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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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