A CI’s reference to guns in defendant’s house in Dec. 2016 was not stale by April 2017. Defendant’s arguments about a Franks violation are rejected for lack of materiality to the finding of probable cause. United States v. Wilson, 2017 U.S. Dist. LEXIS 202541 (D. Mont. Dec. 8, 2017).
Birchfield was decided just before defendant’s trial, and he was permitted “in the interest of justice” to file an additional motion to suppress based on that. Commonwealth v. Torres, 2017 PA Super 381, 2017 Pa. Super. LEXIS 994 (Dec. 8, 2017).*