Category Archives: Suppression hearings

OK: Trial court’s granting motion to suppress without even considering GFE on state’s request was an abuse of discretion

The trial court abused its discretion in granting the motion to suppress the search warrant without even considering the good faith exception after the state raised it. State v. Haliburton, 2018 OK CR 28, 2018 Okla. Crim. App. LEXIS 28 … Continue reading

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ME: Def was about to go into surgery after suspected DWI and accident; warrantless blood draw was with exigency and PC

Defendant was in a serious accident, and he was about to go into surgery. The blood draw at the request of the police was with exigent circumstances and probable cause. State v. Palmer, 2018 ME 108, 2018 Me. LEXIS 111 … Continue reading

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D.Nev.: While def’s firearm was suppressed, it can come in by impeachment if he opens the door at trial

Defendant’s firearm was previously suppressed. If at trial he opens the door to the gun, it can be referred to by proper impeachment. United States v. Casarez, 2018 U.S. Dist. LEXIS 112536 (D. Nev. July 6, 2018). Defendant was granted … Continue reading

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GA: In responding to 911 call of a loud party where homeowners weren’t present, entry into backyard violated curtilage

Police received a report of a party going on at a house, and they walked to the back of the house where it was. There were many people on a deck, and they suspected from a radio call that the … Continue reading

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N.D.Ill.: Collins v. Virginia doesn’t apply to a shared parking area which is not curtilage

Collins v. Virginia does not apply to shared parking areas which are not curtilage. “United States v. Jones, 2018 U.S. App. LEXIS 16409 (2d Cir. June 19, 2018), Jones’s vehicle was parked in a parking lot behind the multi-family building … Continue reading

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OH2: Trial court can’t add an issue to a suppression hearing without notice to parties

“[T]he State contends that the trial court improperly expanded the scope of Day’s motion to suppress to include the issue of whether the manner/location of Day’s arrest was lawful and then based its decision on that issue. We have held … Continue reading

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D.N.J.: Previous finding of good faith applies to later Franks challenge

Defendant had already filed a suppression motion and lost on good faith. Now he files a motion based on Franks that statements of witnesses in quote marks weren’t accurate. The previous finding of good faith carries over to here, and … Continue reading

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AR: The right to counsel applies at suppression hearings

The right to counsel applies at suppression hearings. Defendant’s attempted waiver was ineffective. Shabazz v. State, 2018 Ark. App. 281, 2018 Ark. App. LEXIS 298 (May 2, 2018). The officer writing the affidavit misstated the evidence that another officer smelled … Continue reading

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CA11: There is no adverse inference as a matter of law from failure to maintain audio of stop

Because the exclusionary rule is a “last resort,” on plain error review, defendant cannot claim error for the failure of the district court to determine that his version of the facts is more credible than the governments. There is no … Continue reading

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E.D. Mich.: Officers’ (and government’s) assertion of consent is so false it “tarnishes the entirety of the Government’s case.”

Officers’ (and government’s) assertion of consent is so false it “tarnishes the entirety of the Government’s case.” There was nothing near reasonable suspicion or consent. United States v. Smith, 2018 U.S. Dist. LEXIS 62041 (E.D. Mich. Apr. 12, 2018):

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TN: Argument “the rule” of witness exclusion of Rule 615 at suppression hearing has to be made in trial court

Defendant didn’t preserve for appeal his argument that the suppression hearing court allowed witnesses to sit in the rehearing of the suppression hearing because he didn’t make it to the trial court. At any rate, the transcripts of the hearing … Continue reading

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TN: There’s normally no reason why the judge that issued the SW would be a witness at a suppression hearing on a Franks motion

The judge that issued the search warrant is not required to recuse from being the trial judge, so there was no ineffective assistance of counsel for failure to raise that issue. Moreover, the issuing judge would not be a witness … Continue reading

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