DAVENPORT

v.

UNITED STATES

Citator

Cited By

• State v. Felix, 942 So. 2d 5 (Fla. 5th DCA 2006)
  …n exercise of judgment. Staleness should be evaluated in light of the particular facts of a given casé, the nature of the criminal activity, and the evidence hoped to be found. United States v. Lacy, 119 F. 3d 742, 745 (9th Cir.1997), cert. denied, 523 U.S. 1101, 118 S.Ct. 1571, 140 L.Ed.2d 804 (1998). Information contained in an affidavit in support of a search warrant is not stale if “there is sufficient basis to believe, based on a continuing pattern or other good reasons, that the items to be seized are…
• State v. Sabourin, 39 So. 3d 376 (Fla. 1st DCA 2010)
  …r facts of a given case, the nature of the criminal activity involved, and the evidence hoped to be found, whether there is probable cause to believe evidence will be found. See United States v. Lacy, 119 F. 3d 742, 745 (9th Cir.1997), cert. denied, 523 U.S. 1101, 118 S.Ct. 1571, 140 L.Ed.2d 804, (1998); see also State v. Felix, 942 So. 2d 5, 9-11 (Fla. 5th DCA 2006). The question for a reviewing court is never: “Does this information preclude every possibility of staleness?” The question for a reviewing co…
• State v. Williams, 46 So. 3d 1149 (Fla. 1st DCA 2010)
  …the whole of the information provided in the affidavit application and determine whether there is probable cause to believe evidence will be found. See Sabourin at 382; see also United States v. Lacy, 119 F. 3d 742, 745 (9th Cir.1997), cert. denied, 523 U.S. 1101, 118 S.Ct. 1571, 140 L.Ed.2d 804 (1998). In the instant case, the trial court granted the Defendant’s motion to suppress, finding the affidavit supporting the warrant failed to indicate when the Defendant was believed to have downloaded child porno…