Category Archives: Suppression hearings

D.D.C.: Multiple counts of things seized under SW not severed

In a motion to sever counts for trial, it was significant that the stuff was seized under the same search warrant. United States v. Lewis, 2024 U.S. Dist. LEXIS 217086 (D.D.C. Dec. 2, 2024). There was probable cause and nexus … Continue reading

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CA8: Pro se def’s standby counsel not ineffective at suppression hearing; not counsel’s role

Defendant chose to go pro se at the suppression hearing, grudgingly accepting standby counsel. After the motion to suppress was denied, he claimed ineffective assistance by standby counsel for not doing more. But that’s not standby counsel’s role. United States … Continue reading

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NM: Trial courts can raise search issues on their own

A trial judge in New Mexico noticed that there were an unusual number of suspect warrantless searches going unchallenged by the defense. She set suppression hearings and several cases were nolle prossed. A few survived to be heard. On certification … Continue reading

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NY1: Failure to controvert any facts or make an argument justifies denying suppression hearing

“Although the felony complaint, indictment, voluntary disclosure form, arraignment transcript, and search warrant affidavit disclosed to defendant provided him with ‘detailed information about the sequence of events leading up to his arrest’ …, he failed to controvert the specific information … Continue reading

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LA5: SW support was thin, but def didn’t carry burden to overcome presumption of validity

Here the affidavit had a gratuitous statement that there were federal wiretaps, but they didn’t involve defendant. Still, it made it into the affidavit for warrant along with identification information. There were also observations of him going into suspect premises. … Continue reading

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DE: Def counsel’s failure to challenge PC and particularity in cell phone search warrants post-conviction relief

Defendant sufficiently stated grounds for ineffective assistance of counsel from defense counsel’s failure to challenge the search warrant for lack of probable cause and particularity. “Postconviction relief due to ineffectiveness of counsel must be granted in circumstances where the Court … Continue reading

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CADC: When searching a cell phone and officers find it belonged to someone else, a new SW isn’t required; SWs are directed at things, places, and people and owner doesn’t matter for PC

Officers seized a cell phone from Thorne, a suspected narcotics and firearms trafficker. In a search under a warrant, the officers found out the phone actually belonged to defendant. Warrants are directed at things, and that didn’t require them to … Continue reading

Posted in Probable cause, Reasonable suspicion, Scope of search, Suppression hearings | Comments Off on CADC: When searching a cell phone and officers find it belonged to someone else, a new SW isn’t required; SWs are directed at things, places, and people and owner doesn’t matter for PC

OH5: A replevin action can’t be used to suppress evidence seized by SW

A replevin action can’t be used to suppress evidence seized by search warrant. Glass v. Del. Cty. Sheriff’s Office, 2024-Ohio-1301, 2024 Ohio App. LEXIS 1235 (5th Dist. Apr. 4, 2024). Defendant fails his Franks burden, and the warrant wasn’t stale. … Continue reading

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NC: Lack of findings for denial of motion to suppress precludes review; remanded

After a suppression hearing, the trial court orally denied the motion to suppress after hearing conflicting evidence. The state was to prepare findings and didn’t. After defendant was convicted on that evidence, there was nothing for the appeal. Remanded for … Continue reading

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PA: PO could send parolee’s GPS tracking to CID

Defendant was on parole for armed robbery, wearing a GPS tracker. It was reasonable for parole to send his tracking information to a detective investigating him for another robbery. Commonwealth v. Rosendary, 2024 PA Super 51, 2024 Pa. Super. LEXIS … Continue reading

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IL: A detention hearing right after arrest is not the place for a suppression hearing

A detention hearing right after arrest is not the place for a suppression hearing. Thus, the detention hearing court did not err in not considering Fourth Amendment issues. People v. Parker, 2024 IL App (1st) 232164, 2024 Ill. App. LEXIS … Continue reading

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E.D.Mich.: Def showed enough to reopen his suppression hearing which is usually frowned on

Defendant’s motion to reopen his suppression hearing is granted. “To resolve Defendant’s motion, the Court must determine whether Defendant has provided a sufficient explanation for failing to present at the suppression hearing the evidence that Defendant now wishes to introduce. … Continue reading

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IL: Dog’s alert before trespass on the car meant GFE applied

Where the dog indicated an alert almost immediately and before the dog trespassed on the car, the officer had probable cause, and the good faith exception would be applied. People v. Kendricks, 2023 IL App (4th) 230179, 2023 Ill. App. … Continue reading

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OH5: Put the affidavit for SW in the record at the suppression hearing

The affidavit for search warrant isn’t in the record on appeal, so the court presumes the regularity of proceedings in the trial court. The record that was made shows that there was probable cause. State v. Hill, 2023-Ohio-4381, 2023 Ohio … Continue reading

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S.D.Ga.: Geofence warrant based on 16 SWs showed PC and GFE

(1) Defendant lacks standing to challenge a geofence warrant to the cell phone accounts held by others. The affidavits for 16 warrants all showed probable cause. The possibility of a different standing for probable cause for novel surveillance is rejected. … Continue reading

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NM: Suppression issues should not be decided at preliminary hearings

A preliminary hearing isn’t a proper place to resolve potential suppression issues. They happen on a “brisk time line” and the rules of evidence don’t apply to them. This is committed to the pretrial process in the trial courts. State … Continue reading

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OH4: No bar to judge who issued SW also hearing suppression motion

There is no due process or judicial ethics restriction on a suppression hearing judge hearing the validity of the warrant he or she issued. State v. Taylor, 2023-Ohio-2995, 2023 Ohio App. LEXIS 2982 n.1 (4th Dist. Aug. 22, 2023):

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CA10: 2255 petitioner learned after guilty plea A-C communications were recorded in jail; no relief from plea because no effect shown

2255 petitioner was in pretrial incarceration in the private jail in Leavenworth which notoriously recorded conversations between attorneys and clients. He pled guilty with the standard 2255 waiver. This violation of his rights does not survive the waiver, and he … Continue reading

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OH5, D.Minn.: Not calling additional witnesses at suppression hearing didn’t change outcome

There was reasonable suspicion for the stop here, and defense counsel wasn’t ineffective for not calling another witness that wouldn’t have changed the outcome. State v. Ware, 2023-Ohio-1807 (5th Dist. May 30, 2023).* In a tax warrant case, defense counsel … Continue reading

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NJ: Disputes in the facts on appeal show trial court should have held a hearing

“[W]e are persuaded the conflicting statements of fact presented by the State and defendant establish disputes of material fact warranting a testimonial hearing. The State claimed the search was justified under the plain view exception to the warrant requirement. Thus, … Continue reading

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