Does a substantial delay in obtaining a search warrant for possession of a firearm and ammunition render the warrant stale?

California, United States of America


The following excerpt is from People v. El Badry, C090714 (Cal. App. 2020):

163.) "Rather, 'the question of staleness depends on the facts of each case.' [Citation.]" (Id. at pp. 163-164.) "Courts have upheld warrants despite delays between evidence of criminal activity and the issuance of a warrant, when there is reason to believe that criminal activity is ongoing or that evidence of criminality remains on the premises. [Citations.]" (Id. at p. 164; see also People v. Stipo (2011) 195 Cal.App.4th 664, 672 ["Substantial delays do not render warrants stale where the defendant is not likely to dispose of the items police seek to seize"].)

D. Analysis

Other Questions


Does a substantial delay in obtaining a search warrant for cell phone 2 render the search warrant stale? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
If a search warrant is obtained to search a house for shoes and/or clothes in connection with 5/9 Brims gang colors, is the search warrant supported by other lawfully obtained information? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
When a warrant was issued for a search of a mobile home by a police officer looking for evidence of illegal possession of a firearm, what is the current state of the law on the right of search warrant? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
Can a search warrant be obtained prior to obtaining the search warrant? (California, United States of America)
When can the police obtain a search warrant to search a house without obtaining a warrant? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.