IN: SW obtained off of lost drone video wasn’t stale when it was only about four days

A lady found a drone in her yard, and she was already concerned about people flying drones over her house. A computer memory card was in the drone. She looked at it, and called the police and turned it over. The police also looked at the memory card and identified defendant as the operator of the drone from its video, and the video showed defendant and another handling drugs. A search warrant was obtained a couple of days later for defendant’s property. It was not constitutionally stale—it was half the time of other rejected staleness claims. Byers v. State, 2019 Ind. App. LEXIS 463 (Oct. 24, 2019).*

Defendant’s CSLI claim isn’t decided in this limited appeal, but he can relitigate it on remand. Spera v. State, 2019 Fla. App. LEXIS 16025 (Fla. 2d DCA Oct. 23, 2019).*

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