STALENESS

Question 1

What is the definition of staleness in the context of affidavits?

Answer 1

Staleness refers to the condition where information supporting an affidavit is considered outdated, impacting the reasonableness of believing that the material sought is still on the premises.

Question 2

What is required in an affidavit to avoid staleness?

Answer 2

Facts making it reasonable to believe the material sought is still on the premises.

Question 3

What is usually included in an affidavit to satisfy the requirement of non-staleness?

Answer 3

Relatively ‘recent’ factual information close in time to the date the warrant is issued.

Question 4

True or False: A brief delay can render a warrant ‘stale’.

Answer 4

True

Question 5

What factors do courts consider when determining if information is stale?

Answer 5

• The facts of the case
• The nature of the unlawful activity
• The type of property for which authority to search is sought

Question 6

What is a common timeframe state courts consider for information to be too stale?

Answer 6

More than four weeks old.

Question 7

In which case was information that was two months old not considered stale?

Answer 7

Carrington (2009) 47 Cal.4th 145, 164.

Question 8

What allows for greater lapses in time before a warrant is requested?

Answer 8

Investigations related to a ‘continuing criminal business’ or an ‘ongoing operation’.

Question 9

What is an example of a scenario where probable cause may continue after the last reported instance?

Answer 9

Drug trafficking.

Question 10

What do courts recognize regarding firearms and related equipment?

Answer 10

They are likely retained long after the crime has been committed.

Question 11

What does the longevity of data storage on computers imply for staleness?

Answer 11

Certain data, like child pornography, is often retained for long periods.

Question 12

Fill in the blank: Information remains relevant when backed up by _______.

Answer 12

[more recent information reflecting ongoing illegal activity]

Question 13

What was the outcome of the case involving the hacker’s IP address and the search warrant?

Answer 13

The probable cause supporting the warrant was not ‘stale’.

Question 14

In the case of the unsolved burglaries, why was the warrant issued two months later still valid?

Answer 14

There existed a ‘fair probability’ that the stolen goods would still be in the defendant’s residence.

Question 15

What was upheld about the marijuana dealer’s warrant obtained 10 days after confirming information?

Answer 15

It was deemed timely.

Question 16

What type of affidavit was not considered stale in a stalking investigation?

Answer 16

One lacking specificity and dates of critical events but suggested ongoing criminal conduct.

Question 17

What did the DNA match in the Lazarus case support?

Answer 17

The search warrant for her residence, vehicle, and computers was not stale.

Question 18

Why was the probable cause not stale in the identity theft case involving Jones?

Answer 18

The ongoing nature of identity theft supported the issuance of the warrant.

Question 19

In Hirata’s case, why was the warrant considered stale?

Answer 19

There was inadequate probable cause due to the time elapsed since the last narcotics transaction.

Question 20

What was the outcome regarding information 34 days old about a cocaine sale?

Answer 20

It was held to be ‘stale’.

Question 21

In the Rowland case, why was the probable cause not stale regarding child pornography?

Answer 21

Four months is not an inordinate amount of time when digital child pornography is at issue.

Question 22

What is advisable to include when there is a longer delay in obtaining a warrant?

Answer 22

Information indicating that the criminal activity is continuing.

Question 23

What did the Ninth Circuit case of Vaandering establish about older information?

Answer 23

Relatively old information may not be considered stale due to ongoing illegal business or recent corroborating information.

Question 24

What must be shown in addition to a general criminal conspiracy to justify a warrant?

Answer 24

Probable cause that material to be seized is present at a particular location.

Question 25

What is a common challenge defendants make regarding the length of time between seizing an item and securing a search warrant?

Answer 25

They claim it violates the Fourth Amendment.

Question 26

In Tousant's case, why was the 15-day delay in obtaining a warrant deemed reasonable?

Answer 26

He failed to show unreasonable delay or that his possessory interests were affected.

Question 27

What was the outcome of the Maryland case involving a 15-month delay in obtaining a warrant?

Answer 27

The prolonged seizure violated the Fourth Amendment.