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D.Minn: Search warrant issued five days after bank robbery was not stale

By John Wesley Hall, Jr.

The search warrant for evidence of a bank robbery was not stale five days after the robbery where some of the information was obtained within hours of the issuance of the warrant. United States v. Lowen, 2010 U.S. Dist. LEXIS 53215 (D. Minn. June 1, 2010)*: “There is no bright-line test for determining when information is stale,” and the passage of time, alone, is “not always the controlling factor,” as other factors, such as “the nature of the criminal activity involved and the kind of property subject to the search,” are also relevant to the inquiry. Id., quoting United States v. Koelling, 992 F.2d 817, 822 (8th Cir. 1993); United States v. Rugh, 968 F.2d 750, 754 (8th Cir. 1992); see also, United States v...continue to full post

Full post as published by Fourth Amendment on June 07, 2010 (boomark / email).