Category Archives: Staleness

D.Ariz.: Body camera video and audio showed the officer was diligent and not prolonging the stop

“Indeed, as pointed out by the magistrate judge, the ‘body camera video and audio demonstrate that Trooper Duckett was working diligently in trying to locate Ms. Glenn’s license information, but it did take some time to find it.’” Finally, the … Continue reading

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OH2: Direction to def to not reach into his own pocket for a consent search wasn’t a seizure

Defendant’s attempt to reach into his own pocket did not constitute an unequivocal withdrawal of the consent to search he had given to the officer. Defendant’s conduct appeared to have been an attempt to help facilitate the search, not to … Continue reading

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MO: Two week old information in call to child maltreatment hotline was not stale nor without exigency

A call to a child maltreatment hotline was made two weeks after the observation that motivated the phone call. The exigency still existed for a warrantless entry. State v. Prince, 2017 Mo. App. LEXIS 348 (April 25, 2017). Defendant’s vehicle … Continue reading

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VA: PC for arrest for reckless driving wasn’t stale after three hours

The officer saw defendant recklessly driving, but wasn’t able to stop him. Staleness for arrest for that did not dissipate within three hours before he saw defendant again. Hairston v. Commonwealth, 2017 Va. App. LEXIS 99 (April 11, 2017) (see … Continue reading

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VA: PC for stop for reckless driving didn’t get stale in 3 hours

The officer saw defendant recklessly driving, but wasn’t able to stop him. Staleness for arrest for that did not dissipate within three hours before he saw defendant again. Hairston v. Commonwealth, 2017 Va. App. LEXIS 99 (April 11, 2017) (see … Continue reading

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CA1: SW for guns on 4 mo old information wasn’t stale

Defendant was a reputed Boston mobster on the lam in Idaho with a different name. Police were tipped off to his location, interviewed neighbors learning about guns, and then allegedly went to his house and peeked in the window. Even … Continue reading

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Cal.1: Telling def to keep hands out of pockets and move to sidewalk was not a seizure

Defendant was not detained when officers asked him to keep his hands out of his pockets and to step onto the sidewalk. The encounter did not become a detention until the officers used force to grab defendant’s arm and told … Continue reading

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D.Colo.: GPS tracking a car after it had been sold by target was unreasonable

Defendant bought a car that had a GPS device placed by the police with a 60 day tracking warrant. He paid for it for his girlfriend, with whom he had a child, and he drove it at the time of … Continue reading

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W.D.Ky.: Typo in the affidavit for SW didn’t merit suppression; when corrected, no staleness

The wiretap underlying the search warrant has already been sustained by the USDJ, so that can’t support suppressing the search. Defendant’s Franks challenge to the affidavit because of the date is really just a typo (2004 v. 2012), so it … Continue reading

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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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