Thursday, July 12, 2012

What is stale? Not this warrant.

United States v. Archibald, No. 11-5488. Opinion is here. Government's appeal of motion to suppress granted below. Warrant evaluated under Tennessee's Rules of Criminal Procedure because it was issued by a state court. Three-day delay between controlled buy and warrant does not make information stale because rules say to get the warrant within 72 hours, which the officers did. Five-day delay in execution of the warrant was OK under the Rules, and there was no evidence of changed circumstances at the address to be searched. Even though officer had just met the prostitute used as a CI for the controlled buy, other officers had used her in the past with positive results. No credibility issue there.

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