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 with these holdings, this Court finds that an eight-week period between the time Cook saw the stolen gun sold in Brown’s home and the issuance and execution of the warrant is insufficient to render Cook’s information stale.” United States v. Brown, 2015 U.S. Dist. LEXIS 168707 (W.D.Ky. Dec. 17, 2015).

The search warrant for defendant’s backpack was not stale. He was denied entry into Turkey and returned to Egypt to the United States, and he was separated from the backpack so it’s condition was the same. United States v. Pugh, 2015 U.S. Dist. LEXIS 170271 (E.D.N.Y. Dec. 21, 2015).