In State v. Proffit, Fairfield App. No. 07CA36, 2008 Ohio 2912, the appellant court reviewed the trial court's determination rejecting a staleness argument based on the use of the verb "has been maintaining" in an affidavit. The court found the affidavit to be sufficient to establish the concept of "ongoing criminal activity." "The trial court found the affidavit's specific language, appellant 'has been maintaining' a relationship with the detective who has been posing as a thirteen-year-old girl on the internet, was sufficient to establish 'appellant's actions were current and ongoing.'" Proffit at P18. The court further stated, "a reading of the affidavit in toto leads one to the conclusion that appellant's actions were ongoing, and the investigatory contacts were current and related back to appellant's actions under investigation." Proffit at P22.