People v. Stumpf

The People v. Stumpf, 196 Mich App 218, 226; 492 NW2d 795 (1992) Court upheld the validity of a warrant that was issued approximately two and one-half weeks after the police gathered the information contained in the supporting affidavit. Stumpf, supra at 226. "The circumstances of the suspected criminal enterprise included the growing of marijuana at defendant's residence, not simply the possession of a specific quantity of drugs, but an ongoing criminal activity. Because plants require time to germinate and grow, the evidence was not likely to have dissipated despite the passage of time." Id. at 226-227. In Stumpf, this Court remarked: The age of the information alone is not determinative, but must be evaluated as part of the particular circumstances of the case. The circumstances will vary depending upon such factors as "whether the crime is a single instance or an ongoing pattern of protracted violations, whether the inherent nature of a scheme suggests that it is probably continuing, and the nature of the property sought, that is, whether it is likely to be promptly disposed of or retained by the person committing the offense." Stumpf, supra at 226.