{"id":4839,"date":"2010-11-02T22:15:14","date_gmt":"2010-11-01T04:21:24","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-11-01T04:21:24","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4839","title":{"rendered":"D.Minn.: Seven month old information in a CP case is not stale"},"content":{"rendered":"<p>Because child pornography is unlikely to be quickly discarded by a recipient, a seven month delay in obtaining the search warrant was not stale. United States v. Freeman, 2010 U.S. Dist. LEXIS 115074 (D. Minn. May 13, 2010) (R&amp;R), adopted 2010 U.S. Dist. LEXIS 114911 (D. Minn. October 28, 2010)* [This is common in affidavits for CP SWs. I\u2019ve represented two where some of the material was more than ten years old, and one had a collection dating back well before personal computers.]<\/p>\n<p>Defendant who does not stop has no Fourth Amendment claim. Even so, the officer had reasonable suspicion. United States v. Slaughter, 2010 U.S. Dist. LEXIS 114666 (E.D. Mo. October 13, 2010).<\/p>\n<p>The defendant\u2019s computer was sent in by him for repair, and the repair technician saw child pornography on it and reported it. A search warrant was validly issued for the computer and it was limited in scope. United States v. Andrist, 2010 U.S. Dist. LEXIS 114011 (D. Minn. August 19, 2010).*<\/p>\n<p>The court concludes that the officer had probable cause to believe that there was a gun in the car, and the passenger\u2019s motion to suppress is denied [without ever getting to standing]. United States v. Constantine, 2010 U.S. Dist. LEXIS 114059 (D. Minn. August 17, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4839\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4839","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4839","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4839"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4839\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4839"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4839"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4839"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}