W.D.N.C.: How ten day old information in an ongoing drug operation doesn’t get stale

The ongoing nature of defendant’s drug trafficking operation did not make the search warrant go stale where it was issued only ten days later. United States v. Black, 2014 U.S. Dist. LEXIS 176761 (W.D. N.C. December 23, 2014):

Taking these factors in reverse order, the “nature of the property to be seized,” pursuant to the warrant, was evidence of drug trafficking. Specifically, the search warrant was obtained to seize evidence of the “commission of the crimes of possession, manufacturing, sales and distribution of controlled substances and a conspiracy to commit those offenses,” and the fruits of such crimes. [Doc. 73-1 at 4]. The expiration of ten days’ time would reasonably be expected not to not diminish, in any substantial way, evidence surrounding Black’s alleged drug trafficking activity, especially since the Defendant’s accomplices were not local, daily recipients of his drugs. This conclusion is borne out as well by an examination of the second and third factors.

According to the confidential sources working with law enforcement officers, and corroborated by the activities of Black’s co-defendants, the officers actually witnessed “the length of the activity,” the second factor. The officers documented undercover purchases and four trips by co-defendants from Asheville to Black’s house in Charlotte to obtain heroin from March, 2014, to April, 2014. The officers observed co-defendant Monroe meet with the Defendant during three of these trips, observing him and the Defendant drive to the Defendant’s house together, enter the Defendant’s house together, and exit the Defendant’s house together. Monroe confirmed for the officers — through a confidential source — that during multiple trips to Charlotte he purchased heroin, which information was ultimately confirmed on the last trip when his vehicle was stopped and approximately three ounces of heroin was seized. All of these facts support a probable cause finding to believe that “the nature of the illegal activity” (the third factor) involving Black was drug trafficking, and that evidence of his ongoing and continuous alleged narcotics operations would be present in his home, certainly within the time frame the officers obtained and executed the warrant. For these reasons, the Court concludes there was a substantial basis for finding that the factual information provided to establish probable cause for issuance of the search warrant was not stale.