Remember that probable cause is simply a “fair probability.” When it comes to whether probable cause is stale, there are no hard and fast rules for when probable cause becomes stale. In fact, staleness is just a part of probable cause itself. In other words, probable cause becomes “stale” simply when the information is so old that there is no longer a fair probability that the evidence is in the particular location.
Legal Supplement
Ongoing Drug Activity: U.S. v. Schaefer, 87 F.3d 562 (1st Cir. 1996)(Information 2 years old was not stale when involving a suspect who was a “major player” in cartel activity and affidavit sought property which would likely be in service for years), U.S. v. Hammond, 351 F.3d 765 (6th Cir. 2003)(50 months information not stale in drug trafficking involving a secure operational base), U.S. v. Iiland, 1254 F.3d 264(10th Cir. 2001)(4 months not stale for drug trafficking ongoing for a considerable time),
Marijuana Cultivation: U.S. v. Greany, 929 F.2d 523 (9th Cir. 1991)(1.2 to 2 years not stale involving information that informant had remodeled the suspect’s house for a marijuana grow), U.S. v. Meyers, 106 F.3d 936 (10th Cir. 1997)(5 month gap not stale in ongoing marijuana growing operation), U.S. v. McKeever, 5 F.3d 863 (5th Cir. 1993)(21 months not stale on indoor marijuana grow – Note: This affidavit outlined how marijuana cultivators stagger planting in order to have a constant harvest of marijuana),
Manufacturing: U.S. v. Leasure, 319 F.3d 1092(9th Cir. 2003)(6 months not stale in complex manufacturing conspiracy),
Firearms: U.S. v. Horn, 187 F.3d 781 (8th Cir. 1999)(Even information 3 years old may not be stale for someone suspected of illegal possession of a firearm – Note: The court noted how firearm enthusiasts tend to retain their firearms),
Robbery: U.S. v. Bowman, 215 F.3d 951 (9th Cir. 2000)(10 months not stale in seeking instrumentalities of professional bank robber informant said was in planning phase of a new robbery),
Gambling: U.S. v. Tucker, 638 F.2d 1292 (3rd Cir. 1997)(6 weeks not stale for gambling paraphernalia in ongoing activity)
Billing Fraud: U.S. v. Hooshmand, 931 f.2d 725 (11th Cir. 1991)(11 months not stale as five of the doctor’s employees described an ongoing activity) U.S. v. Henson, 848 F.2d 1374(6th Cir. 1998)(1 year not stale in extensive odometer tampering scheme spanning over an extended period of time).
