Defendant’s motion to suppress was properly denied. The affidavit referred to child pornography access on the internet seven months before the search warrant was sought, and it was not stale because it was likely child pornography would be found in the search based on defendant’s alleged “interest in” child pornography that he was a collector. Commonwealth v. Guastucci, 2020 Mass. LEXIS 648 (Oct. 14, 2020).
Defendant was pro se at trial and on appeal, and he waived his Fourth Amendment claim by not raising it before trial. Even if he had, based on what the record shows, the search was valid. The stop was based on reasonable suspicion. He fled and tossed his firearm in the fenced-in yard of another where he had no standing. United States v. James, 2020 U.S. App. LEXIS 32327 (11th Cir. Oct. 14, 2020).*