Category Archives: Suppression hearings

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

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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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CA11: Without a factual dispute, there’s no requirement of a suppression hearing

The suppression “hearing” was a five-minute discussion of the law, and there were no factual disputes presented. Therefore, “defendant need not be present for any ‘conference or hearing on a question of law.’ Fed. R. Crim. P. 43(b)(3).” United States … Continue reading

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OH3: Def’s motion to determine legality of arrest never sought to suppress anything and wasn’t appealable

Defendant’s motion to determine the legality of his arrest was not even called a motion to suppress. It was not even appealable as it was framed. “[T]he motion filed by Sanchez on October 28, 2020, was not captioned a ‘motion … Continue reading

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CA10: “perfunctory factual references” with three legal theories not enough to get a suppression hearing

“Rather than outline factual disputes, Windom’s motion to suppress offered three legal arguments—staleness, nexus, and lack of good faith—for why the affidavit was insufficient to support a search warrant. These arguments contained only perfunctory factual references, with none rising to … Continue reading

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D.N.J.: Why a suppression hearing is sometimes needed

The hearing here got behind the boilerplate of the police reports and results in the stop being without reasonable suspicion, and it is suppressed. United States v. Wright, 2022 U.S. Dist. LEXIS 133312 (D.N.J. July 27, 2022):

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E.D.Tenn.: Challenge of CI’s ID of def in 4A suppression hearing not the remedy; that’s a trial question

Defendant seeks suppression of the CI’s identification of him within the search warrant process, which the court declines to do. Due process issues with identification are trial issues, not Fourth Amendment motion to suppress issues. “Either remedy, exclusion of the … Continue reading

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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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