Probable Cause In An Offense of a Continuing Nature When the Search Warrant Is Issued After a Lapse In Time
Did the Information Stated in the Affidavit Justify a Finding of Probable Cause in an Offense of a Continuing Nature if the Search Warrant is Issued after a Lapse in Time ?
In State v. Young (1988), 37 Ohio St. 3d 249, 257, 525 N.E.2d 1363, 1372-1373, reversed on other grounds by Osborne v. Ohio (1990), 495 U.S. 103, 110 S. Ct. 1691, 109 L. Ed. 2d 98, the Supreme Court of Ohio concluded that under the circumstances, which involved an offense of a continuing nature, the information stated in the affidavit justified a finding of probable cause when the search warrant was issued.
The offense involved allegations in the affidavit that Young had child pornography in his home.
The affidavit stated that this pornography was seen by two witnesses approximately three months before the search warrant was executed.
Despite the three-month lapse in time between the observations by the witnesses of the child pornography and the execution of the search warrant, the court found that the information in the affidavit was not stale.