E.D.Mich.: Second SW issued three weeks after first had no additional information to overcome staleness; no GFE

Defendant was the target of a search warrant. Three weeks later, police obtained another search warrant using the prior information attempted to be supplemented by defendant’s Facebook page. There was also a failed controlled buy there. There was insufficient new information to justify the second warrant, and it was stale. The good faith exception doesn’t apply because there were no minimal investigative efforts in between. United States v. Battles, 2019 U.S. Dist. LEXIS 119353 (E.D. Mich. July 18, 2019):

In sum, the affiant here relied almost entirely on stale information that had previously formed the basis for a search of [defendant’s] residence. The only recent investigatory effort undertaken to corroborate or refresh the stale information was a perusal of Defendant’s Facebook page over three weeks prior to the application for the warrant. That effort revealed older messages of possible criminal activity without any reference to where it was taking place. Therefore, the Court finds that the search warrant at issue was not supported by probable cause.