Does a substantial delay in obtaining a search warrant for cell phone 2 render the search warrant stale?

We conclude the facts in the search warrant affidavits for cell phone 2 were not stale despite the lapse of several months. "Substantial delays do not render warrants stale where the defendant is not likely to dispose of the items police seek to seize." (People v. Stipo (2011) 195 Cal.App.4th 664, 672.) Both cell phone 2 and defendant were in the custody of law enforcement since the day of the burglary, and because defendant, the owner of cell phone 2, had no access to the phone since the time it was seized, there was a fair probability that whatever information was in the phone on the day of the burglary was still there when the search warrants were sought.

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