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Five month old information in a records search was not stale

By John Wesley Hall, Jr.

Five month old information was not stale in a large records search where the probable cause dealt with an ongoing claim of fraud. United States v. Gonzales, 2008 U.S. Dist. LEXIS 9997 (N.D. Miss. January 15, 2008).* Police officers lacked probable cause and exigent circumstances for entry into defendant's hotel room. United States v. Mitchell, 2008 U.S. Dist. LEXIS 10071 (N.D. Ohio January 29, 2008): Nor was there evidence of an exigent circumstance justifying entry into Room 127 without a search warrant. Officer Monigold testified he saw the children from the open hotel door, either sleeping or laying on the couch. There is no evidence they were in any danger at that time. Furthermore, the Officers did not smell any methamphetamine precursors when Defendant opened the door...continue to full post

Full post as published by Fourth Amendment on February 14, 2008 (boomark / email).