Category Archives: Suppression hearings

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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CA4: Def’s cross of officer at trial on SW affidavit “opened the door” to def’s priors

Defendant’s cross examination of the officer who authored the affidavit for the search warrant to attack his credibility by the affidavit “opened the door” to defendant’s other crimes which were admitted under 404(b) on the government’s request on redirect. United … Continue reading

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IL: Not error for court to decline to continue suppression hearing for what would have been merely cumulative evidence having no affect on outcome

It was not error to deny a continuance in a suppression hearing after it started because one officer was unavailable due to a death in the family. The defense didn’t even know what he would testify to when asked, but … Continue reading

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AR: Suppression hearing is a critical stage requiring counsel

A suppression hearing is a critical stage, and defendant’s being forced to go through a suppression hearing without counsel violated the Sixth Amendment. Shabazz v. State, 2018 Ark. App. 399, 2018 Ark. App. LEXIS 499 (Sep. 5, 2018). Defendant’s consent … Continue reading

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N.D.W.Va.: A motion to suppress isn’t moot just because the govt says it won’t use the evidence in its case-in-chief; if it will to impeach, then the issue has to be resolved

Government’s agreeing it wouldn’t use the product of a search in its case in chief does not make it moot unless the government also says it won’t use it in impeachment. Then, it can only be used against the defendant … Continue reading

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OK: Trial court’s granting motion to suppress without even considering GFE on state’s request was an abuse of discretion

The trial court abused its discretion in granting the motion to suppress the search warrant without even considering the good faith exception after the state raised it. State v. Haliburton, 2018 OK CR 28, 2018 Okla. Crim. App. LEXIS 28 … Continue reading

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ME: Def was about to go into surgery after suspected DWI and accident; warrantless blood draw was with exigency and PC

Defendant was in a serious accident, and he was about to go into surgery. The blood draw at the request of the police was with exigent circumstances and probable cause. State v. Palmer, 2018 ME 108, 2018 Me. LEXIS 111 … Continue reading

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D.Nev.: While def’s firearm was suppressed, it can come in by impeachment if he opens the door at trial

Defendant’s firearm was previously suppressed. If at trial he opens the door to the gun, it can be referred to by proper impeachment. United States v. Casarez, 2018 U.S. Dist. LEXIS 112536 (D. Nev. July 6, 2018). Defendant was granted … Continue reading

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GA: In responding to 911 call of a loud party where homeowners weren’t present, entry into backyard violated curtilage

Police received a report of a party going on at a house, and they walked to the back of the house where it was. There were many people on a deck, and they suspected from a radio call that the … Continue reading

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