TN: CI’s drug information about def’s house “within previous 72 hours” not stale

A CI who’d been in defendant’s house reported that defendant had a quantity of marijuana for sale, and it was reported by the officer in the affidavit to have been within the previous 72 hours. Probable cause was shown for the search warrant. Defendant’s attempt to show a false statement by the officer in the affidavit fails. State v. Boykin, 2019 Tenn. Crim. App. LEXIS 124 (Feb. 22, 2019).*

As to the home, “The district court did not err in denying the motion to suppress because the affidavit supporting the search warrant contained ample evidence to find probable cause to support the warrant.” As to his storage locker, “Even omitting evidence of the dog alert, the affidavit supporting the search warrant contained adequate facts to support a finding of probable cause. … Surveillance showed Flowers frequently accessing the lockers for short periods. Earlier, officers found handguns, cocaine and a significant amount of currency in Flowers’s home. The totality of these facts, taken together, establish a reasonable probability that evidence of a crime would be found in the storage locker.” United States v. Flowers, 2019 U.S. App. LEXIS 5035 (9th Cir. Feb. 21, 2019).*

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