Category Archives: Staleness

AF: Telling wife in jail call to delete a social media account AFOSI was looking to search was obstruction

While defendant was in pretrial confinement, he called his wife and instructed her to delete a social media account that the government was intending to search. This led to his obstruction charge. The call was monitored by the jail. United … Continue reading

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E.D.N.Y.: Even if Brooklyn checkpoint was unreasonable, def’s flight from it was intervening circumstance

NYPD set up a vehicle checkpoint in East Flatbush, Brooklyn, because of heavy traffic and crime in general. Every third vehicle was to be stopped except anything apparently a violation would cause a stop. Defendant was stopped for no front … Continue reading

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CA5: 4A doesn’t apply to a letter carrier

“In co-defendant Johnlouis’s case, our court upheld the denial of the motion to suppress because we determined that the letter carrier was ‘not a government actor to whom the Fourth Amendment applies.’ United States v. Johnlouis, 44 F.4th 331, 337 … Continue reading

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CO: Typo in date (9/9 v. 9/30) in SW affidavit could be overlooked by other contents referring to previous few hours; GFE also applies

The typographical error in the affidavit showing the date as September 9th when it should have been September 30th could be overlooked because the affidavit as a whole referred to the previous few hours, and the good faith exception applies. … Continue reading

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CA7: Renting a condo under an assumed name to avoid arrest doesn’t show no REP; landlord could not consent

Defendant rented a condo in Atlanta, deceiving the landlord by using an assumed name. The landlord consented to a search. The landlord had no power to consent to a search. People rent hotel rooms and apartments and even buy houses … Continue reading

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CA4: “[T]he ability to execute a search does not necessarily imply power to execute a search warrant.”

“[T]he ability to execute a search does not necessarily imply power to execute a search warrant.” Osmon v. United States, 2023 U.S. App. LEXIS 9177 (4th Cir. Apr. 18, 2023). Defendant’s Franks motion fails because there’s no offer of proof … Continue reading

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CA4: Slightly outdated information police gathered def lived at place in SW still made it in good faith

Officers gathered information that defendant’s son lived in his house and presented it for a search warrant. After the search they found out he didn’t. The warrant was still issued in good faith. United States v. Jordan, 2023 U.S. App. … Continue reading

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E.D.Mich.: 13 day delay between trash pull and SW didn’t mean it was stale because case was actively investigated

A 13 day delay between a trash pull and a search warrant didn’t make the trash pull stale. There was an ongoing investigation throughout. United States v. Dobbs, 2023 U.S. Dist. LEXIS 52882 (E.D. Mich. Mar. 28, 2023). District court’s … Continue reading

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W.D.Ky.: SW for car in impound four months after seizure based on jail call was not stale; no realistic chance of change in condition

After a jail call, the police decided to get a search warrant for defendant’s car in impound for four months for drugs in the engine compartment which had been in impound. The warrant wasn’t stale because the information was just … Continue reading

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WY: In felony domestic battery case, state showed nexus that evidence could likely be found in def’s journal

Defendant was convicted of strangulation of a family member. The family member reported to the police that he had been in counseling and was keeping a detailed journal trying to break the cycle of domestic abuse. The affidavit for the … Continue reading

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CA6: Affidavit circumstantially supported nexus

There was nexus to defendant’s home as a base of operations for drug sales based on circumstantial evidence in the affidavit for warrant. United States v. Pointer, 2022 U.S. App. LEXIS 35506 (6th Cir. Dec. 20, 2022).* The search warrant … Continue reading

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N.D.Ill.: PC for admin. warrant became stale before it was sought

This administrative search warrant under OSHA became stale by the government’s delay in seeking it and litigation delays. Also, USMJs have jurisdiction to issue administrative inspection warrants. F.R.C.P. 72 objections do not apply to administrative warrants because they frustrate enforcement … Continue reading

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CA6: 4A generally doesn’t apply to sentencing enhancements

“The Fourth Amendment does not apply to sentencing enhancements. … We have recognized a possible exception to this rule—when officers illegally seized the evidence for the very purpose of enhancing the defendant’s sentence—but Wyse makes no such allegation.” United States … Continue reading

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TX14: PC for a cell phone requires more than a bare conclusion one was present or involved; no PC here

“A probable cause affidavit supporting a cell phone search must contain evidence of the requisite nexus with more than mere conclusory allegations. For example, the Court of Criminal Appeals recently held that generic, boilerplate language about cell phone use among … Continue reading

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D.S.D.: Totality of circumstances showed def likely resided in dwelling for entry on arrest warrant

Based on the totality of circumstances, officers finally had good reason to believe defendant resided in the dwelling he was found in, and the arrest warrant alone was enough to justify entry. United States v. Ulrich, 2022 U.S. Dist. LEXIS … Continue reading

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ID: Not telling arrestee reason for arrest in violation of statute not a 4A violation

Failure to notify an arrestee of the reason for his arrest in violation of the statute does not make the arrest violate the Fourth Amendment or state constitution. State v. Lancaster, 2022 Ida. LEXIS 133 (Nov. 1, 2022). There were … Continue reading

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N.D.Ind.: Question is not actual reliability of police database, it is reasonableness of reliance on it

“As soon as [the officer] accessed [the database from the police car], he saw an alert suggesting that Defendant was armed. Defendant argues that Davis could not be sure of the accuracy of this information, but that hardly matters. Reasonable … Continue reading

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E.D.Mich.: Single telephone call 6 weeks before drug SW was stale

A single telephone call 6 weeks before the search warrant was sought was stale. Nothing in between. “In the context of drug crimes, ‘information goes stale very quickly “because drugs are usually sold and consumed in a prompt fashion.”’” And, … Continue reading

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W.D.N.C.: Facebook post of def with backpack full of cash a year earlier wasn’t stale

Reference in a search warrant application to a Facebook post showing defendant buying expensive jewelry with a backpack full of cash at a time when he claimed no taxable income since 2017 was not stale. United States v. Grandy, 2022 … Continue reading

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D.S.D.: Time waiting for someone to come to remove car, tow truck or friend, was part of incidents of stop

When the vehicle will be removed because of no licensed person to take control, the time between the calling of the tow truck or a friend or family member to take it away and their arrival is part of the … Continue reading

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