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Criminal Law

: Fourth Amendment

D.Del.: Info about drug operation with $900k and 40k pills was not stale nine months later

By John Wesley Hall, Jr.

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The nine-month-old information about defendant having 40,000 pills and $900,000 in cash in his house was not stale, despite the fact there were no facts of anything from then until the warrant issued. United States v. Costa, 2010 U.S. Dist. LEXIS 92784 (D. Del. September 7, 2010): Considering this authority in light of the record at bar, the court finds that the information in the affidavit is not stale. With respect to the “nature of the crime,” the factual allegations in the affidavit, along with the normal inferences that can be drawn from those allegations, demonstrate that defendant was engaged, over several months in 2009, in a significant illegal drug distribution operation involving over 40,000 pills and approximately $900,000...continue to full post

Full post as published by Fourth Amendment on September 09, 2010 (boomark / email).

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