{"id":2611,"date":"2009-03-15T10:12:50","date_gmt":"2008-10-27T06:21:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-10-30T06:25:07","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2611","title":{"rendered":"CA11: 85 day old information was not too stale for this firearms warrant"},"content":{"rendered":"

CI’s 85 day old information was used to get a search warrant for guns in defendant’s house. The warrant was not stale. United States v. Deering<\/a>, 296 Fed. Appx. 894 (11th Cir. 2008)* (unpublished):<\/p>\n

Here, the information contained in Agent Washington’s affidavit was not too stale to provide probable cause. First, the CS’s information indicated Deering’s firearm possession was ongoing. Specifically, the affidavit stated that the CS had observed firearms and ammunition at Deering’s residence “several times” within a three-month period, that there were three different guns in different locations of the house, and that the CS had heard Deering engage in target practice and seen shells scattered in the front and back yards. These facts support a finding that Deering’s firearm possession was for his personal use and was ongoing. See United States v. Haimowitz, 706 F.2d 1549, 1555 (11th Cir. 1983) (“[I]f an affidavit recites activity indicating protracted or continuous conduct, time is of less significance.”) (quotation marks omitted).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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