The search warrant for evidence of a bank robbery was not stale five days after the robbery where some of the information was obtained within hours of the issuance of the warrant. United States v. Lowen, 2010 U.S. Dist. LEXIS 53215 (D. Minn. June 1, 2010)*:<\/p>\n
\u201cThere is no bright-line test for determining when information is stale,\u201d and the passage of time, alone, is \u201cnot always the controlling factor,\u201d as other factors, such as \u201cthe nature of the criminal activity involved and the kind of property subject to the search,\u201d are also relevant to the inquiry. Id., quoting United States v. Koelling<\/a>, 992 F.2d 817, 822 (8th Cir. 1993); United States v. Rugh<\/a>, 968 F.2d 750, 754 (8th Cir. 1992); see also, United States v. Kennedy, supra at 1141; United States v. Chrobak<\/a>, 289 F.3d 1043, 1046 (8th Cir. 2002).<\/p>\n
As a result, in our analysis, we must not \u201csimply count[] the number of days between the occurrence of the facts supplied and the issuance of the affidavit,\u201d but must consider any passage of time \u201cin the context of a specific case and the nature of the crime under investigation.\u201d United States v. Maxim, supra at 397, quoting United States v. Koelling<\/a>, supra at 822. Furthermore, \u201c\u2018where recent information corroborates otherwise stale information, probable cause may be found.\u2019\u201d United States v. Ozar<\/a>, supra at 1446, quoting United States v. Macklin<\/a>, 902 F.2d 1320, 1326 (8th Cir. 1990), cert. denied, 498 U.S. 1031, 111 S. Ct. 689, 112 L. Ed. 2d 680 (1991).<\/p>\n
Quite plainly, the information contained in the Search Warrant was not impermissibly stale, since all of the information was, at most, only a few days old. Indeed, the bank robbery occurred on February 26, 2010, and the Search Warrant was obtained on March 3, 2010. Moreover, information, that was obtained just hours before the Search Warrant issued, revealed that evidence of the bank robbery would still be found on the property, since law enforcement had observed attire, and other evidence, while at the Defendant\u2019s residence on that same date.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
b2evALnk.b2WPAutP Continue reading