The following excerpt is from U.S. v. Smith, 119 F.3d 8 (9th Cir. 1997):
The timeliness of a search warrant depends on whether it is reasonable to believe that the items to be seized are still on the property; whether the illegal activity is of a continuing nature is also relevant to this determination. See United States v. Gann, 732 F.2d 714, 722 (9th Cir.), cert. denied, 469 U.S. 1034 (1984). The mere lapse of substantial amounts of time is not controlling. United States v. Pitts, 6 F.3d 1366, 1369 (9th Cir.1993).
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