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6-Month-Old Info in Warrant "Refreshed" by Trash Contents

By Shari Allison

US v. Timley, No. 08-3160, 7/30/09 - Denial of motion to suppress evidence seized during execution of a search warrant affirmed. Defendant sold small amounts of pot to a snitch. Six months later, cop does a trash pull from the can in the alley behind defendant's house and finds pot residue and paraphernalia. Based on that, cop gets warrant authorizing the seizure of just about anything and finds, among other tings, crack cocaine. Held - the warrant was overbroad in some respects, but what was left after excising those parts established probable cause; the information in the affidavit was not stale because it was refreshed by what was found in the trash pull.

Full post as published by Tenth Circuit Blog on August 04, 2009 (boomark / email).