Category Archives: Staleness

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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CA6: Where def refused to provide combination to his safe during execution of a SW, it was reasonable to pry it open

Defendant showed the police that he had marijuana inside his home and the police obtained a warrant to search his home. Thus, suppression was not warranted because there was an outright certainty, not just a “fair probability,” that the house … Continue reading

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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

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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

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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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