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TN: Three day old buy information was stale without some showing drugs would still be there

By John Wesley Hall, Jr.

A controlled buy three days ago was found to be stale in issuance of a search warrant when there were no facts suggesting that drugs would still be on the premises at the time the warrant was issued. State v. Archibald, 2010 Tenn. Crim. App. LEXIS 125 (February 12, 2010): Upon de novo review, we conclude that the trial court did not err in granting the Defendant's motion to suppress. "It is necessary for a finding of probable cause that the time interval between the alleged criminal activity and the issuance of a warrant not be too great." State v. Baron, 659 S.W.2d 811, 814 (Tenn. Crim. App. 1983). "When illegal activity is ongoing, courts have generally held that the affidavit is less likely to become 'stale' with the passage of time." State v...continue to full post

Full post as published by Fourth Amendment on February 16, 2010 (boomark / email).