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CA10: Possession of unlawful firearms is a continuing offense, so staleness is more flexible

By John Wesley Hall, Jr.

Possession of unlawful firearms is a continuing offense, and the information was only days old, so it was not stale. Here, e-mails provided the probable cause to believe that defendant would be acquiring an unregistered silencer. United States v. Lester, 2008 U.S. App. LEXIS 15052 (10th Cir. July 16, 2008) (unpublished). Defendant was drinking and playing with a loaded gun, and that made his roommate uncomfortable, so he called the police. They arrived and found the defendant asleep next to a loaded rifle which they seized. He was a felon in possession. The roommate had apparent authority to consent to an entry. United States v. Waits, 2008 U.S. App. LEXIS 15075 (9th Cir. July 14, 2008).*

Full post as published by Fourth Amendment on July 18, 2008 (boomark / email).