Category Archives: Suppression hearings

D.Maine: Officer’s subjective motivations for crime fighting didn’t make an otherwise reasonable traffic stop unreasonable

The state trooper that stopped defendant for an objective traffic violation apparently had subjective motivation to look for other crimes, but his subjective motives aren’t determinative of anything. United States v. Fagan, 2021 U.S. Dist. LEXIS 141949 (D. Maine July … Continue reading

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CA7: Confrontation clause doesn’t apply in suppression hearings

The confrontation clause does not apply in suppression hearings. United States v. Bebris, 2021 U.S. App. LEXIS 20974 (7th Cir. July 15, 2021). The apartment’s search warrant was for evidence of drug sales from it. Those found there at the … Continue reading

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CA4: No REP in FedEx packages with drugs sent to a dead man as a cover

Defendant had no reasonable expectation of privacy in FedEx packages with drugs sent to a friend’s house in the name of the friend’s deceased brother. United States v. Rose, 2021 U.S. App. LEXIS 20406 (4th Cir. July 9, 2021). When … Continue reading

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FL5: Police report’s stating search was search incident isn’t binding at the suppression hearing

The officer’s noting the search of defendant’s vehicle was incident to arrest was incorrect and not binding at the suppression hearing. It was valid as an inventory. State v. Koontz, 2021 Fla. App. LEXIS 9019 (Fla. 5th DCA June 18, … Continue reading

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CA3: No suppression hearing needed on the mere chance something will turn up

The request for an evidentiary hearing on a suppression motion based on the mere hope something might turn up is really just speculation and should be denied. United States v. Dfouni, 2021 U.S. App. LEXIS 15091 (3d Cir. May 19, … Continue reading

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CA3: Mid-trial suppression argument wasn’t timely

Defendant’s mid-trial suppression motion was untimely despite the defense claim that this was a second search he wasn’t aware of until it came up at trial. United States v. Elcock, 2021 U.S. App. LEXIS 9503 (3d Cir. Apr. 1, 2021). … Continue reading

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M.D.Tenn.: Def failed to show parole search was unreasonble

This parole search wasn’t shown to be unreasonable. “As discussed in the above cited case law, there is a significant government interest in combating recidivism and thwarting illegal drug activity by parolees. Defendant has failed to point to any direct … Continue reading

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Cal.2: Litigating a motion to suppress with an affidavit sealed in part from the defense

People v. Washington, 2021 Cal. App. LEXIS 196 (2d Dist. Mar. 9, 2021):

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D.D.C.: 6A, due process, and F.R.Crim.P. 43 don’t mandate in person 4A suppression hearings during Covid

The court prefers to hold suppression hearings in person because, in many cases, it is the most important pretrial proceeding. But, while a suppression hearing is a critical stage where the right to effective assistance of counsel has attached, the … Continue reading

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MO: Trial court erred in shifting burden on voluntariness of consent to def and considering failure to testify at suppression hearing

The trial court erred in putting the burden of proof on the defendant to rebut the state’s claim of consent. He didn’t testify, but he cross-examined. The trial court also held against him the failure to testify. State v. Crum, … Continue reading

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E.D.Pa.: Can’t relitigate denial of motion to suppress in motion for new trial

A motion for new trial is not the place to relitigate denial of a motion to suppress. United States v. Mack, 2021 U.S. Dist. LEXIS 14024 (E.D. Pa. Jan. 16, 2021). There was reasonable suspicion on the totality for defendant’s … Continue reading

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OH5: If suppression court goes off on an unaddressed issue, the parties get to respond

If the trial court in a suppression hearing goes off in another direction not raised by the parties, the parties get to respond. Here, the state was on notice. State v. Arthur, 2021-Ohio-104, 2021 Ohio App. LEXIS 100 (5th Dist. … Continue reading

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NE: State failed in its burden of proof on inventory; the defense has no duty to clear up confusion in the proof

The state carried the burden, and it failed to prove that the inventory of defendant’s vehicle followed standardized procedure or was reasonable. The defense had no burden to clear up any evidentiary confusion because the state had the burden. State … Continue reading

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DE: Actual presence of accused not required for suppression hearing and video appearance constitutional

A virtual suppression hearing that was a mixed question of law and fact didn’t require the actual presence of the accused under the Sixth Amendment’s confrontation clause, following United States v. Rosenschein, 2020 U.S. Dist. LEXIS 129889 (D.N.M. July 23, … Continue reading

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OH6: When lack of PC for a SW is the issue, a suppression hearing isn’t required: it’s a question of law

When the defendant moves to suppress a search warrant claiming only a lack of probable cause, a hearing isn’t required. It’s then a mixed question of law and fact (mostly law). State v. Holt, 2020-Ohio-6649, 2020 Ohio App. LEXIS 4515 … Continue reading

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OR: Questions about drugs without RS during a traffic stop exceeded the basis of the stop

“ Officers conducting a traffic stop may only conduct investigation unrelated to that traffic stop if they have independent constitutional justification for further inquiries. Neither line of inquiry here (first, whether defendant had drugs, and second whether she illegally possessed … Continue reading

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OH11: Trial court’s order denying unsealing SW affidavit in post-conviction case wasn’t final and appealable

In a post-conviction case, the trial court’s order denying a motion to unseal a search warrant affidavit to facilitate his case was not a final appealable order. State v. Miller, 2020-Ohio-5383, 2020 Ohio App. LEXIS 4231 (11th Dist. Nov. 23, … Continue reading

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NY2: Failure to call officer involved at suppression hearing was waiver here

Defendant’s claim of his statement being in violation of the Fourth Amendment isn’t preserved for appeal by lack of testimony of the officer involved. People v. Molina, 2020 NY Slip Op 06553. 2020 N.Y. App. Div. LEXIS 6651 (2d Dept. … Continue reading

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S.D.Ohio: Not IAC to fail to call co-arrestee at suppression hearing to testify to facts of search

It wasn’t ineffective assistance of counsel for defense counsel to decline to call Smith who was also arrested at the same time to corroborate his version of events of the search. Counsel believed that Smith wouldn’t withstand reasonable cross-examination because … Continue reading

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GA: Entry into def’s house for pulling a gun on somebody elsewhere wasn’t in hot pursuit and suppressed

Officers entered defendant’s home for allegedly pulling a gun on his girlfriend at another house. They weren’t in hot pursuit, and the entry was unreasonable and is suppressed. The state’s inevitable discovery argument that a search warrant would have been … Continue reading

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