What is the test for obtaining a search warrant to search for items that may have been seized during a bank robbery?

"The bank robbery charged in the indictment occurred on November 3, 1976, and the search warrant in question was issued on December 10, 1976. Approximately six weeks elapsed between the bank robbery and the issuance of the warrant. However, defendant was not identified as the possible bank robber until December 7, 1976 (cite). Further, it was not until December 9, 1976, that plaintiff was identified by an informant as owning the clothes which were worn by the bank robber. This informant also disclosed the defendant's address on that date (cite). The test for judging the timeliness of a search warrant is whether there is sufficient basis to believe, based upon a continuing pattern of conduct or other good reasons, that the items to be seized are still on the premises. Sgro v. United States, 287 U.S. 206, 207 (, 53 S.Ct. 138, 77 L.Ed. 260) (1932). In the instant case, the affidavit states that the clothing to be seized was owned by defendant and that defendant was observed wearing the clothing on numerous occasions (cite). These statements supply a sufficient basis to believe that the items sought by the warrant were located on the premises to be searched at the time the warrant was executed. The information contained in the warrant, therefore, was not stale."

As to the affidavit, we have viewed it in a common sense and nontechnical manner, United States v. Ventresca, 380 U.S. 102, 109, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965), and hold that the above findings are proper and fully supported by the case law. See United States v. DiMuro, 540 F.2d 503 (CA1 1976), cert. denied, 429 U.S. 1038, 97 S.Ct. 733, 50 L.Ed.2d 749 (1977) (information in affidavit more than four months old); United States v. Rosenbarger, 536 F.2d 715 (CA6 1976), cert. denied, --- U.S. ----, 97 S.Ct. 2920, 53 L.Ed.2d 1060 (1977); United States v. Bowers, 534 F.2d 186, 192 (CA9 1976), cert. denied, 429 U.S. 942, 97 S.Ct. 360, 50 L.Ed.2d 311 (almost six weeks between crime and search warrant); United States v. Steeves, 525 F.2d 33 (CA8 1975) ¹ (information in affidavit more than 87 days old warrant sought, inter alia, the clothes worn in the robbery); United States v. Rahn, 511 F.2d 290 (CA10 1975), cert. denied, 423 U.S. 825, 96 S.Ct. 41, 46 L.Ed.2d 42 (information in affidavit nearly two years old).

The appellant also maintains that there was no probable cause for the search because the affidavit did not connect him with the premises to be searched, with the offense, or with the items to be seized. This claim is frivolous. See United States v. Ventresca, supra. As stated by the trial court: