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CA11: 85 day old information was not too stale for this firearms warrant

By John Wesley Hall, Jr.

CI's 85 day old information was used to get a search warrant for guns in defendant's house. The warrant was not stale. United States v. Deering, 2008 U.S. App. LEXIS 22274 (11th Cir. October 20, 2008)* (unpublished): Here, the information contained in Agent Washington's affidavit was not too stale to provide probable cause. First, the CS's information indicated Deering's firearm possession was ongoing. Specifically, the affidavit stated that the CS had observed firearms and ammunition at Deering's residence "several times" within a three-month period, that there were three different guns in different locations of the house, and that the CS had heard Deering engage in target practice and seen shells scattered in the front and back yards. These facts support a finding that Deering's firearm possession was for his personal use and was ongoing...continue to full post

Full post as published by Fourth Amendment on October 27, 2008 (boomark / email).