Category Archives: Suppression hearings

N.D.Ga.: Hearsay is admissible in suppression hearings under Rule 104(a)

Hearsay is specifically admissible in suppression hearings [and issuing search warrants] under Rule 104(a). [After all, that’s how informant hearsay and collective knowledge work.] The court credits one officer as to what another told him in the probable cause for … Continue reading

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GA: Findings and conclusions aren’t always required, and record would be looked to for support

The trial court didn’t make specific findings that defendant consented to the taking of blood for a BAC test. So, the appellate court looks to the record and finds that the evidence supports a finding of consent and denial of … Continue reading

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CA8: Stop lacked RS, but the finding of a warrant on def was attenuation under Strieff and search incident was valid

Defendant was known to the officer and directed to stay away from a bus shelter. He was found there and the officer accosted him. The district court found reasonable suspicion to support the seizure of a firearm from his person. … Continue reading

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W.D.Pa.: Retaining new counsel and attempting to reopen suppression hearing under guise of IAC claim rejected

Defendant retained new counsel and moved to reopen his suppression hearing alleging former counsel was ineffective for not raising a better argument. The motion is denied because this claim doesn’t satisfy the standard for reopening. The issue was available and … Continue reading

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OH5: Failure to put SW affidavit into evidence denies review of PC determination

Appellant failed to put the affidavit for search warrant into evidence at the suppression hearing, so it is unavailable for review on whether it showed probable cause. State v. Hill, 2019-Ohio-3432, 2019 Ohio App. LEXIS 3524 (5th Dist. Aug. 27, … Continue reading

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D.Kan.: Recusal motion can’t be used as subterfuge just to get rehearing of denied motion to suppress

This second recusal motion looks like defendant is just trying to get rehearing of the denial of his motion to suppress in front of a different judge, and it’s denied. United States v. Williamson, 2019 U.S. Dist. LEXIS 133111 (D. … Continue reading

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OH9: Citizen informant’s 911 call properly admitted at suppression hearing even though hearsay

A 911 call from a citizen informant was properly admitted into evidence becuase hearsay is admissible in suppression hearings. There was a factual basis for defendant’s stop on reasonable suspicion for DUI. The CI’s report was that he was too … Continue reading

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Two reversed for lack of findings on suppression issues

The findings of the district court don’t support the conclusion, so the case is remanded for more findings. The police followed the alleged drunk driving defendant into his house. They had probable cause independent of the illegal entry. People v. … Continue reading

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W.D.Wash.: A potential claim of excessive force during a search doesn’t justify discovery of other alleged incidents of excessive force during searches

Defendant plans a suppression motion claiming that the search was invalid for use of excessive force during the search. He seeks discovery of other allegations of excessive force during searches by the officers, and it’s denied as speculative. United States … Continue reading

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NY3: Judge who signs SW doesn’t have to recuse from suppression hearing

“Initially, defendant failed to preserve his contention that the trial judge should have recused himself because he signed the search warrant authorizing the search of defendant’s person and residence …. In any event, were this argument preserved for our review, … Continue reading

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NY2: Judge issuing SW had discretion to recuse from suppression hearing

The judge issuing the Facebook warrant in this case was within her discretion in recusing from determining the merits. Besides, there was probable cause, and the search warrant was particular. People v. Grose, 2019 NY Slip Op 03808, 2019 N.Y. … Continue reading

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C.D.Cal.: Probation search def wins motion in limine to keep probation records out of jury trial

Defendant was arrested as a result of a probation search. The government succeeds in a motion in limine that the probation records aren’t admissible in the hearing in the prosecution. United States v. Flores, 2019 U.S. Dist. LEXIS 74506 (C.D. … Continue reading

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