N.D.Ga.: Two decades of drug activity in SW for cell phone wasn’t stale because of recent information

A two decade long drug investigation into defendant didn’t rely solely on stale information to obtain a search warrant for her cell phone. “The affidavit established that she was involved in a prolonged criminal activity, that she used electronic media to communicate with gang members, and that she wanted a new phone number after her arrest to continue communicating with gang members. It also alleged that those involved in drug trafficking conspiracies often use cell phones to communicate (describing phones as ‘vital instruments’ of drug trafficking) and that such devices store information for long periods of time. … Based on all of this, the Magistrate Judge concluded the warrant information was not stale and that it established probable cause for the search of Defendant Rau’s phone.” United States v. Rau, 2020 U.S. Dist. LEXIS 239415 (N.D. Ga. Dec. 21, 2020).*