In a tax fraud case, there were six search warrants. Defendants challenge them all. Standing was in dispute, but doesn\u2019t even have to be decided because there clearly is probable cause for all six, despite the claim that one piece of the probable cause was a look through a window seeing incriminating documents. There was still probable cause even without that. A hearing wasn\u2019t even required because the disputed fact, the look through the window, wasn\u2019t material. United States v. Charles, 2025 U.S. App. LEXIS 906 (8th Cir. Jan. 15, 2025).<\/p>\n\n\n\n
\u201cWhether an affidavit’s information is stale is a case-by-case analysis. \u2026 Under this analysis, \u2018the length of time between the events listed in the affidavit and the application for the warrant\u2019 is salient but not dispositive. Id. At its core, the staleness analysis turns on \u201c\u2018the inherent nature of the crime\u201d\u2019 and whether an affidavit establishes that officers have a fair probability of finding evidence at the searched property when they search it. \u2026 In that vein, the Sixth Circuit has provided four factors to guide staleness inquiries: (1) \u2018the character of the crime\u2019; (2) \u2018the criminal\u2019; (3) \u2018the thing to be seized\u2019; and (4) \u2018the place to be searched.\u2019 \u2026 These factors are addressed below, demonstrating that the information in Detective Sauve’s affidavit was not stale.\u201d United States v. Schalk, 2025 U.S. Dist. LEXIS 3808 (E.D. Mich. Jan. 8, 2025).*<\/p>\n\n\n\n
This case involves CSLI in a fraud case, and defendant\u2019s Franks challenge fails. On the whole, there was probable cause, even deleting the challenged information. United States v. Falcon, 2025 U.S. Dist. LEXIS 3825 (E.D.N.Y. Jan. 8, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"
In a tax fraud case, there were six search warrants. Defendants challenge them all. Standing was in dispute, but doesn\u2019t even have to be decided because there clearly is probable cause for all six, despite the claim that one piece … Continue reading