FourthAmendment.com had a post about an interesting case concerning staleness in searches in child porn investigations. Here is excerpt:
There is no one-size-fits-all rule for determining staleness: "Factors to be considered in determining whether an affidavit is stale include the nature of the criminal activity under investigation and the nature of what is being sought." United States v. Reiner, 500 F.3d 10, 15 (1st Cir. 2007) (citation and internal quotation marks omitted); see also Dauphinee, 538 F.2d at 5 ("[N]o hard and fast rule can be formulated as to what constitutes excessive remoteness, because each case must be judged in its circumstantial context.").
As FourthAmendment notes, this result isn't really unusual in child porn cases. However, since I hadn't blogged about this area of law before, I thought it was worth posting.
Recent Comments