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Criminal Law

: Fourth Amendment

AL: No reference to time in CI's statement recounted in affidavit made SW stale

By John Wesley Hall, Jr.

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The affidavit for the search warrant was based on CI information that was not clear as to the time being recent. The officer sought to rehabilitate the search warrant in the face of a staleness challenge by testifying at the suppression hearing that he thought he told the issuing magistrate that the information was within the last 24 hours, but he was unclear as to that. Under Ex parte Green, 15 So. 3d 489 (Ala. 2008), the warrant fails. McIntosh v. State, 2010 Ala. Crim. App. LEXIS 86 (October 1, 2010).* Defendant was driving a Cadillac Escalade in a neighborhood suspiciously, and the officer felt that he was casing houses for burglary. When defendant crossed the centerline, he pulled him over. Defendant seemed under the influence, but not enough to arrest...continue to full post

Full post as published by Fourth Amendment on October 11, 2010 (boomark / email).

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