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AR: 17 day delay in executing SW did not make it stale where there were ongoing on sales from the property

By John Wesley Hall, Jr.

A 17 day delay between obtaining the search warrant and execution of the search warrant did not make the warrant stale because of evidence of ongoing sales from the premises. The warrant could have become stale, but it did not because probable cause was ongoing. "To protect the CI, the police delayed serving the search warrant." Ingle v. State, 2010 Ark. App. 409 (May 12, 2010): We hold, therefore, that the totality of the circumstances establishes that the warrant here was not stale when it was executed. It was executed seventeen days after it was issued, and eighteen days after a controlled buy occurred at the premises. Further, even though it was not included in the affidavit, the CI told the affiant that the residence “was one of his regular stops” and that he had bought drugs there many times[...continue to full post

Full post as published by Fourth Amendment on May 13, 2010 (boomark / email).