The following excerpt is from U.S. v. Gann, 732 F.2d 714 (9th Cir. 1984):
The test for judging the timeliness of a search warrant is whether there is sufficient basis to believe, based on a continuing pattern or other good reasons, that the items to be seized are still on the premises. United States v. Collins, 559 F.2d 561, 564 (9th Cir.), cert. denied, 434 U.S. 907, 98 S.Ct. 309, 54 L.Ed.2d 195 (1977) [where six weeks passed between the bank robbery and the issuance of the warrant]. The affidavit in the present case stated that the clothes to be seized were owned by the defendant and that he had been seen wearing them on numerous occasions since the time of the rehearing. Only three weeks had elapsed since the bank robbery. There was a sufficient basis for the magistrate to believe that the items sought by the warrant were located on the premises to be searched at the time the warrant was executed.
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