TN: Specific date not required in affidavit for SW as long as recency can be ascertained from affidavit as a whole

A specific reference to a date is not required in an affidavit for a search warrant as long as the time period showing no staleness can be ascertained from the affidavit as a whole. Here, the affidavit referred to the product of a subpoena just issued, and that was sufficient to show time. State v. Graves, 2012 Tenn. Crim. App. LEXIS 819 (October 4, 2012):

Therefore, in this case, we conclude that the McCormick decision does not support the Defendant’s argument. Additionally, to the extent the Defendant relies upon Welchance and the cases that relied upon it, we conclude that the Tennessee Supreme Court’s analysis of Welchance in Longstreet clarifies that a specific date is not necessarily required in the affidavit, but the proper inquiry is whether the facts contained in the affidavit were stale at the time the affiant applied for a search warrant. We note that the certified question in this case does not encompass the issue of whether the information contained in the affidavit was stale; therefore, any argument to that effect is not properly before this Court for review.

In summary, the affidavit submitted in support of the search warrant in this case described the Defendant, the residence to be searched, the computers and other electronic devices believed to contain illegal material, and provided a time period during which the illegal activity occurred. We note that the trial court found that the affidavit specified that Detective Shanks “issued a subpoena on March 31, ’08, at 1:57,” which established the time period of the illegal activity. The trial court, in examining the four corners of the affidavit, properly found that the affidavit provided probable cause to issue the search warrant. Therefore, we conclude that the trial court did not err in denying the Defendant’s motion to suppress, and we affirm the Defendant’s conviction. The Defendant is not entitled to relief.