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D. Mass: Primer on staleness

By John Wesley Hall, Jr.

The police showed nexus to the defendant’s property for this search warrant, and the court gives a primer on staleness. United States v. Towne, 2010 U.S. Dist. LEXIS 37559 (D. Mass. April 15, 2010)*: Police are not required to seek a warrant the moment they have information sufficient to establish probable cause, but stale information cannot be considered in the probable cause analysis. Sgro v. United States, 287 U.S. 206, 210-211, 53 S. Ct. 138, 77 L. Ed. 260 (1932). Whether or not information is stale depends on the nature of the property to be seized, the nature of the alleged crime, and the nature of the premises to be searched. Andresen v. State, 24 Md. App. 128, 331 A.2d 78, 105 (Md. Ct. Spec. App. 1975), aff'd, Andresen v. Maryland, 427 U...continue to full post

Full post as published by Fourth Amendment on April 20, 2010 (boomark / email).