Was there a methamphetamine lab at 501 Lometa Road?
Sailer’s affidavit gave the magistrate probable cause to believe that methamphetamine was being manufactured at 501 Lometa Road in September 2003. However, the information in Sailer’s affidavit was four months old by the time it was presented to the magistrate on January 19, 2004. Probable cause ceases to exist when it is no longer reasonable to presume that items once located in a specified place are still there. Gonzales v. State, 761 S.W.2d 809, 813 (Tex. App.–Austin 1988, pet. ref’d). On the other hand, it may be reasonable under all the circumstances to presume that they are still where they once were even after a considerable lapse of time. Id. Among the relevant considerations in deciding whether information in a warrant affidavit is stale are the amount of time elapsed, the criminal activity involved, the nature of the suspect property, and the likelihood that the property might have been moved. Id. Luciano’s affidavit does not contain any evidence of methamphetamine productio
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