Is there any staleness to a search warrant?

Defendant also argues that the information police obtained from Vanessa in August regarding events that had occurred in July was stale by the time the warrant was issued in October. As to staleness, the question is whether there was sufficient basis to believe that the evidence sought was still on the premises three months after the murder. There was. The items sought in the search warrant were not of a consumable or transient nature. And defendant had no reason to believe police could connect his residence to the murder, which he did not commit and for which other suspects had been arrested. Accordingly, there was a fair probability that any clothing evidence concealed or partially destroyed at his residence remained there. (See United States v. Jacobs (9th Cir. 1983) 715 F.2d 1343, 1346 [probable cause to search residence for clothing worn by robbers

Page 29