Category Archives: Suppression hearings

WA: If the state wants to dismiss after a motion to suppress is granted, it may; court can’t force a trial

After a suppression motion suppressed most of the evidence against defendant, the state elected to dismiss. The trial court wouldn’t let them and made the case proceed to trial, convicting the defendant on what was left, which wasn’t much. “Addressing … Continue reading

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NY3: Call about attempted suicide led to def’s girlfriend’s consent which included reading the suicide note which admitted to repeated rape and murder

Defendant’s girlfriend called the police because he’d threatened suicide in a phone call, and she consented to a search of their house. In the house the police found a notebook with a suicide note inside, and it was properly seized … Continue reading

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S.D.Ohio: Def’s girlfriend’s standing testimony rejected because it sounded “scripted” and because she didn’t smell the 100 pds of MJ she was standing near regularly for days

Defendant claimed standing in his girlfriend’s house because he regularly spent the night there. Her testimony was rejected because it sounded “scripted” and inherently unreliable because she claimed she didn’t smell 100 pounds of marijuana in her basement even though … Continue reading

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KY: Confrontation clause doesn’t apply in suppression hearings

The Sixth Amendment’s confrontation clause doesn’t apply to a suppression hearing to get the typical CI on the stand to attack his reliability. [Now, if the CI was a material witness to the case under Roviaro, likely so.] Hawkins v. … Continue reading

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