California, United States of America
The following excerpt is from People v. McKinney, F071025 (Cal. App. 2017):
Nothing in Dunham's search warrant suggested defendant was currently trafficking drugs or that evidence of drug trafficking remained in his home or in his cellular phone. Here, the search warrant appears to be based on defendant's prior conviction for cultivating marijuana. This conviction was over seven years old. There was no new information in the affidavit explaining how the totality of the circumstances tended to show defendant was still trafficking drugs. (See People v. Mikesell, supra, 46 Cal.App.4th at pp. 1718-1719 [information from confidential informant, several years old, was not valueless when, combined with more recent information, it tended to show the defendants' continuing participation in drug trafficking].) Without additional facts
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suggesting defendant may still be trafficking drugs, it appears the search warrant was insufficient to show a substantial probability that evidence of drug trafficking would be found in defendant's home or cellular phone. (People v. Garcia (2003) 111 Cal.App.4th 715, 721 ["'an affidavit for a search warrant must contain facts demonstrating a substantial probability that [contraband or] evidence of a crime will be located in a particular place'"].)
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