What is the test for a stale warrant?

Generally, "[a]n affidavit must be based on facts so closely related to the time of the issuance of the warrant as to justify a finding of probable cause at that time." Lacy, 119 F.3d at 745. However, "[i]nformation underlying a warrant is not stale 'if there is a sufficient basis to believe, based on a continuing pattern or other good reasons, that the items to be seized are still on the premises.'" Schesso, 730 F.3d at 1047 (quoting Lacy, 119 F.3d at 756-46). In evaluating staleness, the court considers "the particular facts of the case and the nature of the criminal activity and property sought." Lacy, 119 F.3d at 745; see also United States v. Farmer, 370 F.3d 435, 439 (4th Cir. 2004) ("[T]he vitality of probable cause cannot be quantified by simply counting the number of days between the occurrence of the facts supplied and the issuance of the affidavit.") (internal citation & quotation marks omitted).

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