Category Archives: Staleness

CA5: There is no “contemporaneity between the evidence supporting probable cause and the arrest.”

There is no “contemporaneity between the evidence supporting probable cause and the arrest.” It’s up to police discretion when to arrest. Essentially: Staleness doesn’t apply to PC for arrest. United States v. Clark, 2016 U.S. App. LEXIS 7959 (5th Cir. … Continue reading

Posted in Probable cause, Staleness | Comments Off

CA10: GFE applies throughout: arguable PC overcomes allegation of lack of neutral detached magistrate, overbreadth, and even staleness

“This case calls for us to apply Leon where the judge who issued the search warrant was arguably not neutral and detached. Although we are unaware of any court applying the good faith exception in such circumstances, it is apparent … Continue reading

Posted in Good faith exception, Neutral and detached magistrate, Overbreadth, Staleness | Comments Off

W.D.La.: BOLO for a stop in an armed robbery case was not stale after 8 days

When defendant voluntarily stops his car and gets out to walk away, the police encounter after that is not a “traffic stop” governed by traffic stop rules. The stop was consensual, but officers did have reasonable suspicion defendant’s vehicle had … Continue reading

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NY: Argument can’t be changed between suppression hearing and appeal

The search argument regarding the gun found in the search presented on appeal isn’t the same as the one presented to the suppression court, so it’s waived. (Defendant wins, however, because he was denied confrontation when a DNA analyst who … Continue reading

Posted in Search incident, Staleness | Comments Off

D.D.C.: Staleness for a wiretap follows the same general rule as staleness for search warrants except it’s to find evidence of conspiracy

Staleness for a wiretap follows the same general rule as staleness for search warrants except that the question is probable cause to believe that the content of telephone calls will help prove the conspiracy. United States v. Ford, 2016 U.S. … Continue reading

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E.D.Ky.: One month old information about a gun is not stale

The CI’s seeing a gun in defendant’s house a month before the warrant issued is not stale at all. “The Affidavit established a fair probability that firearms would be found.” Also, the detail of the affidavit provided cross–corroboration. Finally, defendant’s … Continue reading

Posted in § 1983 / Bivens, Staleness | Comments Off

KY: Lack of staleness is determined from the totality of circumstances if time not specifically stated

Defendant was snitched off as a drug dealer by his own son as a citizen informant. The specific time of the possession of drugs wasn’t specifically stated, but here it can be ascertained by the totality of circumstances. Stating when … Continue reading

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W.D.Ark.: PC to arrest doesn’t dissipate

Defendant was involved in a controlled buy in November 2014, but he wasn’t arrested until October 2015. The passage of time does not negate the probable cause to arrest, and the staleness doctrine does not apply. Then, the detention being … Continue reading

Posted in Arrest or entry on arrest, Consent, Reasonable expectation of privacy, Staleness | Comments Off

Two on staleness: for a stolen rifle and a backpack in the same condition

A search warrant for a stolen rifle was not stale because the CI’s statement of probable cause was two months old. Plenty of authority holds that staleness doesn’t often apply to firearms because they are items that are kept. “Consistent … Continue reading

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OH9: For appellate court to consider trial testimony on motion to suppress, motion to reopen or reconsider required

To get the appellate court to consider trial testimony to supplement the motion to suppress, it’s necessary to renew the motion in the trial court after that point. Otherwise, the appeal proceeds on what was developed at the suppression hearing. … Continue reading

Posted in Motion to suppress, Reasonable suspicion, Staleness | Comments Off

D.Minn.: Omission of specific dates in affidavit not fatal where whole showed ongoing drug operation

Omission of specific dates was a technical error where the affidavit as a whole showed an ongoing drug operation out of defendant’s house. Therefore, the good faith exception applies. United States v. Williams, 2015 U.S. Dist. LEXIS 154267 (D.Minn. Nov. … Continue reading

Posted in Plain view, feel, smell, Scope of search, Staleness | Comments Off

M.D.Fla.: Email SWs are almost never stale; the email is always there

Staleness as to an email search warrant is hard to prove. It’s always going to be on the email provider’s server. United States v. Khateeb, 2015 U.S. Dist. LEXIS 143007 (M.D.Fla. Aug. 4, 2015). Defense counsel was not ineffective for … Continue reading

Posted in E-mail, Plain view, feel, smell, Reasonable suspicion, Staleness | Comments Off