{"id":58758,"date":"2024-08-29T11:00:17","date_gmt":"2024-08-29T16:00:17","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58758"},"modified":"2024-08-29T12:01:48","modified_gmt":"2024-08-29T17:01:48","slug":"ca1-gfe-applies-to-alleged-staleness-of-sw","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58758","title":{"rendered":"CA1:  GFE applies to alleged staleness of SW"},"content":{"rendered":"\n<p>Defendant operated a pill-making operation in his house for years without detection. He moved to a new place without suspicion for it. The warrant for the prior house was not sufficiently stale to still be valid under the good faith exception. It was a reasonable conclusion, for good faith purposes, that the operation would still be at the old house. The probable cause question was close and doesn&#8217;t have to be decided. <a href=\"https:\/\/www.ca1.uscourts.gov\/sites\/ca1\/files\/opnfiles\/24-1070P-01A.pdf\">United States v. Gonzalez<\/a>, 2024 U.S. App. LEXIS 21524 (1st Cir. Aug. 26, 2024).<\/p>\n\n\n\n<p>The Delaware AG is investigating theft of ammunition from respondent\u2019s sporting goods store. AG subpoenas can only be to investigate for the \u201cpublic peace, safety and justice.\u201d This subpoena duces tecum doesn\u2019t impinge on Fourth Amendment rights, and it was reasonable in time, scope, and subject matter. State ex rel. Jennings v. Cabela&#8217;s Inc., 2024 Del. Super. LEXIS 603 (Aug. 9, 2024).*<\/p>\n\n\n\n<p>Costs of victims and third parties dealing with search warrants and subpoenas are not a \u201closs\u201d for sentencing. \u201cUSSG \u00a7 2B1.1, Application Note 3(D)(ii) (excluding from loss \u2018costs incurred by victims primarily to aid the government in the prosecution and criminal investigation of an offense\u2019).\u201d United States v. Pauley, 2024 U.S. Dist. LEXIS 152282 n.84 (M.D. Pa. Aug. 26, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant operated a pill-making operation in his house for years without detection. He moved to a new place without suspicion for it. The warrant for the prior house was not sufficiently stale to still be valid under the good faith &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58758\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,8,81],"tags":[],"class_list":["post-58758","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-staleness","category-subpoenas"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58758","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=58758"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58758\/revisions"}],"predecessor-version":[{"id":58765,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58758\/revisions\/58765"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58758"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58758"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58758"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}