Defendant’s receipt of and response to a subpoena for fraud records in an older fraud case established timeliness and lack of staleness when the government decided to proceed by search warrant instead. Staleness is a question of probable cause. United States v. Clair, 2021 U.S. Dist. LEXIS 134970 (S.D. N.Y. July 20, 2021).
10½ month old information not stale in child pornography case. United States v. Nunez, 2021 U.S. Dist. LEXIS 134412 (N.D. Cal. July 19, 2021).*
A search claim is raised for a successor habeas petition, but defendant fails to explain how it was newly discovered, so it’s denied. In re Davis, 2021 U.S. App. LEXIS 21364 (6th Cir. July 19, 2021).*
The protective sweep here was limited to where a person could be hiding; it was no more intrusive. A long gun was found standing against the wall in a closet. United States v. Davis, 2021 U.S. Dist. LEXIS 134660 (S.D. Ill. July 20, 2021).*
Defendant’s guilty plea waived his post-conviction claim of lack of probable cause. Haley v. State, 2021 Miss. App. LEXIS 287 (July 20, 2021).*