The Fourth Amendment prohibits stale information from forming the basis for probable cause to search. Such standard was not met in this application. There is no date connected to the telephone calls. There is no information about how long the calls lasted or what was discussed. There is no information about the time period the pen register was in place.
Businesses receive calls from customers daily.
People call to inquire about prices, whether items are in stock, and hours of operation. It is possible the Defendant had to check on his request and call him back with the information. There is simply nothing in the application to suggest that anything criminal occurred between PAS and the Defendant. Even with all the other allegations in the application, there was no probable cause to believe the Defendant was involved in the possession of stolen property. B. Information Regarding the Burglary at the Defendant's Business is Both Stale and of No Value Detective R stated as probable cause for issuance of a search warrant, that the Defendant did not desire to pursue investigation of a motorcycle which was stolen from his business in 1996, one and one-half years prior to the date of the search warrant application.