E.D.Ky.: Affidavit for SW that didn’t mention time or continuation of drug possession was stale

Affidavit for search warrant that did not specify time and numbers of occurrences was stale. “Here, the affidavit simply states that the informant told Chief Bird that Defendant had a rock of crystal methamphetamine weighing about seven or eight ounces in his possession. This statement evinces a one-time occurrence and does not indicate a regenerating conspiracy. The affidavit does not otherwise indicate that Defendant was involved in ongoing criminal activity. There is, of course, a statement that Defendant was on house arrest and had previous drug trafficking ‘charges.’ But this does not indicate ongoing criminal activity because the basis for the house arrest is not described and the past ‘charges,’ as opposed to convictions, are undated and not tied to any circumstance existing at the time the affidavit was made. Accordingly, the nature of the crime was not sufficiently potentially recurring, and this first factor favors staleness.” The good faith exception does not apply. United States v. Higginbotham, 2017 U.S. Dist. LEXIS 84918 (E.D. Ky. March 8, 2017).