Category Archives: Suppression hearings

CA11: Failure to object to USMJ’s R&R on search claim is waiver for appeal

Defendant waived his suppression motion by not seeking review of the USMJ’s R&R. United States v. Pugh, 2019 U.S. App. LEXIS 9254 (11th Cir. Mar. 28, 2019). “The Court need not determine whether any of these facts alone would be … Continue reading

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If the SW or other exhibits are a potential issue for appeal, they needs to be in the record

Defendant’s ineffective assistance of counsel claim about defense counsel’s handling of an alleged defective search warrant claim couldn’t be considered on appeal where nobody put the search warrant in the appellate record. Holland v. State, 2019 Tenn. Crim. App. LEXIS … Continue reading

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D.Mont.: After removing tainted information from the SW affidavit, it’s the job of reviewing court to independently evaluate the PC

When removing tainted evidence from the affidavit for the search warrant and retesting it, the issuing judge is not to be a witness. It’s the court’s duty to reevaluate the application for the search warrant on its own. United States … Continue reading

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E.D.Va.: Child sex offense revealed during FISA warrant doesn’t entitle defense to see the papers to attempt to suppress

Defendant is accused of a coercion of a minor for sex that was revealed during a FISA warrant. The AG having certified that revealing the source would harm national security, the defense doesn’t get to see the papers submitted in … Continue reading

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S.D.Fla.: There is no constitutional right of a defendant to testify at a suppression hearing

The right to testify at a trial doesn’t also mean that a defendant has a constitutional right to testify at a suppression hearing. Here, defendant wasn’t even present at the suppression hearing. The court finds that defense counsel wasn’t ineffective … Continue reading

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CA6: No showing insurance company’s investigative report was cause of his arrest; also didn’t plead state action

Plaintiff sued his insurance company for participating in his false arrest because they submitted their own investigative file to law enforcement. There is no evidence that law enforcement didn’t conduct its own independent analysis of what they received. In addition, … Continue reading

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CA10: District court was within its discretion to limit cross as to extraneous matters in SW affidavit at suppression hearing in light of issues

In light of the controlled buy that formed the basis for the search warrant here, the district court acted within its discretion in limiting broad cross-examination of the officer about what it found were extraneous matters in the affidavit. The … Continue reading

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CT: When challenging a SW affidavit’s PC, it needs to be in the record for appellate review

“The record was inadequate to review the defendant’s unpreserved claim that the search warrant for M’s cell phone records and the warrant for his arrest were obtained without probable cause because the police included false information in the affidavits in … Continue reading

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OH6: Not having a full suppression hearing and limiting issues was sound strategy

Defense counsel’s strategy was to attack probable cause, and a full suppression hearing was to be avoided, because that would surely lose. That was sound strategy at the time. State v. Nettles, 2018-Ohio-4908, 2018 Ohio App. LEXIS 5237 (6th Dist. … Continue reading

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OH5: Suppression motion cannot be denied solely for def’s nonappearance at hearing

Defendant failed to appear for his suppression hearing, and the trial court denied the motion based on that. He has a constitutional right to be present, and the court could not deny the motion solely on that ground. Reversed. If … Continue reading

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N.D.Fla.: Rehearing denied; interruptions of counsel during suppression hearing were because counsel was wasting time asking repetitive questions; she lost on merits, not because of interruptions

Defendant’s motion for rehearing of the motion to suppress is denied. Defense counsel was interrupted during the witness examination, but it was because the questioning was repetitive and beating a dead horse. She lost on the merits and lack of … Continue reading

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D.Nev.: Def couldn’t show that hotel room was searched without a warrant by the information off the electronic lock which was unreliable

Defendant alleges that officers searched his LV hotel room before the search warrant arrived. The information from the electronic lock is not reliable [so there, CSI] as to the entries into the room, and the search warrant is valid. United … Continue reading

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