Defendant was on a surveillance video 33 days before a search warrant was sought for the weapon since he was a felon. The warrant was not stale because people almost always keep firearms for a long time. Defendant\u2019s challenge to potential lack of reliability of the time stamp fails under the standard of review accorded search warrants. \u201cHere, where an automatically generated time stamp indicated the video was recorded on April 5, 2017, and where defendant has provided no grounds for questioning the time stamp’s reliability, invalidating the warrant for this reason would be a \u2018hypertechnical\u2019 rather than a \u2018commonsense\u2019 approach to probable cause.\u201d United States v. Covington, 2019 U.S. Dist. LEXIS 214642 (E.D. N.C. Dec. 13, 2019).<\/p>\n
Defendant\u2019s challenge to the probable cause for the search warrant fails because he doesn\u2019t allege enough to show there wasn\u2019t probable cause. Dayton v. City of Fairfield<\/a>, 2019 U.S. App. LEXIS 36925 (9th Cir. Dec. 13, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":" Defendant was on a surveillance video 33 days before a search warrant was sought for the weapon since he was a felon. The warrant was not stale because people almost always keep firearms for a long time. Defendant\u2019s challenge to … Continue reading