The following excerpt is from U.S. v. Ruggio, 978 F.2d 717 (9th Cir. 1992):
Ruggio first argues that the affidavit in support of the search warrant is based on stale information because the information from the informant was fifteen months old. However, "[s]taleness must be evaluated in light of the particular facts of the case and the nature of the criminal activity and property sought." United States v. Greany, 929 F.2d 523, 525 (9th Cir.1991). "The passage of time is not necessarily a controlling factor in determining the existence of probable cause." United States v. Foster, 711 F.2d 871, 878 (9th Cir.1983), cert. denied, 465 U.S. 1103 (1984). "When the evidence sought is of an ongoing criminal business of a necessarily long-term nature, such as marijuana growing, rather than that of a completed act, greater lapses of time are permitted if the evidence in the affidavit shows the probable existence of the activity at an earlier time." Greany, 929 F.2d at 525; see also United States v. Dozier, 844 F.2d 701, 707 (9th Cir.) ("marijuana cultivation is a long-term crime"), cert. denied, 488 U.S. 927 (1988).
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