D.Minn.: Older information about drugs confirmed by an ion scan of door knob 72 hours before SW not stale

Officers received detailed information in May 2017 of several being involved in the drug trade in April 2017. This resulted in a search warrant of others. Another CI provided information about June 2017. “In addition to Defendant being seen in the possession of drugs and large amounts of cash in recent months, Officer Lepinski conducted an ‘Ion Scan’ swab on Defendant’s door knob 72 hours before applying for the search warrant, which tested positive for the presence of cocaine. (Ex. 1 at 3.) This information suggests that the drug enterprise was still ongoing, and as a result, establishes a ‘fair probability’ that evidence of drug trafficking would be found in Defendant’s apartment. If the other information in the affidavit was stale due to the passage of time, this new information refreshed the existence of probable cause.” Moreover, the good faith exception would apply. United States v. Kline, 2018 U.S. Dist. LEXIS 41033 (D. Minn. Feb. 23, 2018),* adopted 2018 U.S. Dist. LEXIS 39619 (D. Minn. Mar. 12, 2018).* [What about officers being on the curtilage to scan the door knob? How is this different than the dog sniff in Jardines?]