Does the passage of time render the information in a search warrant application stale?

California, United States of America


The following excerpt is from People v. Cruz, F063811 (Cal. App. 2013):

Here, there were a number of facts contained in the affidavit that were undoubtedly "fresh": heavy and unusual foot traffic at the apartment, and a female being stopped with methamphetamine after leaving the apartment. These facts justify a conclusion that the illegal activity witnessed by the informant continued to the time the warrant was sought.9 Therefore, the passage of time did not render the information stale. (See People v. Carrington, supra, 47 Cal.4th at pp. 163-164.)

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