W.D.Ky.: SW for car in impound four months after seizure based on jail call was not stale; no realistic chance of change in condition

After a jail call, the police decided to get a search warrant for defendant’s car in impound for four months for drugs in the engine compartment which had been in impound. The warrant wasn’t stale because the information was just learned, and there was no reason to believe the stuff still wasn’t there. United States v. Tarter, 2023 U.S. Dist. LEXIS 34819 (W.D. Ky. Mar. 2, 2023).

The search warrant for child pornography was not stale. Defendant’s daughter reported to the police he took photographs of her years before when they lived in North Carolina. The warrant was not stale because the subject of the search, by its nature, was not consumable and was likely to be kept. United States v. Ebert, 2023 U.S. App. LEXIS 5185 (4th Cir. Mar. 3, 2023).*

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