Whether two police-orchestrated, controlled buys demonstrate an ongoing pattern of drug sales sufficient to support probable cause for an otherwise-stale search warrant

QUESTION PRESENTED Probable cause for a search cannot be based on stale information. That is, the evidence sought must be likely to be found in the searched location at the time of the search. In the context of consumable and fungible evidence like narcotics and currency, probable cause findings often rely on establishing a pattern of ongoing criminal activity (like a drug enterprise) to justify a search, even when evidence of discrete crimes (like individual drug sales) will have dissipated. In the Eleventh Circuit, the mere fact of previous drug sales is sufficient to demonstrate a pattern of conduct, while courts in the Sixth and Tenth Circuits require evidence specifically suggesting that the criminal conduct is ongoing. The question presented is: Whether two controlled buys demonstrate an ongoing pattern of drug sales sufficient to support probable cause for an otherwise-stale search warrant. ii