Information in a wiretap application 2-3 months before the search and used in this search warrant application was not stale where the wiretap ran continuously for ten months. United States v. Mastendri, 2011 U.S. Dist. LEXIS 138661 (W.D. Pa. December 1, 2011)*:<\/p>\n
Finally, defendant argues that because some of the information relied on dated from 2009, and had already been included in affidavits supporting an application for wiretap warrants, the information did not provide a substantial basis from which to infer that a search would yield evidence of a crime. He cites United States v. Williams, 124 F.3d 411 (3d Cir. 1997) for the proposition that stale information included in an affidavit may have limited value in showing that contraband could still be found at the premises. In Williams, information a decade old was held to be not stale given the “long and continuous operation” of the activity. Id. at 420-21.<\/p>\n
In the instant case, the wiretaps were conducted in October and November 2009, only two to three months prior to the execution of the search warrant. The information that formed the basis of the wiretap affidavits was collected continuously beginning in January 2009, and was not stale. Further, the information established using the wiretaps contained sufficient facts to support a conclusion that the drug activity in question was continuous, and that there was probable cause to infer that the state of affairs described by the confidential source had not changed.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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