CA8: SW for MJ in urine wasn’t stale by eight day wait to execute

The search warrant for defendant’s urine sample to prove he had marijuana in his system wasn’t stale after eight days. Staleness is determined by whether the probable cause for the warrant dissipates before execution. There was testimony in the record that marijuana can remain in the system of a chronic user for up to two months. Therefore, the warrant wasn’t stale. United States v. Leick, 2019 U.S. App. LEXIS 37256 (8th Cir. Dec. 17, 2019).

Plaintiff’s § 1983 Fourth Amendment claim is time barred under Arizona’s two year statute of limitations. Byrd v. McKinney, 2019 U.S. App. LEXIS 37266 (9th Cir. Dec. 17, 2019).*

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