Category Archives: Suppression hearings

LA5: Hearsay on driver’s consent admissible at suppression hearing

The trial court found the stop was reasonable for shooting from a car and driver consented based on the testimony of the stopping officer. Defendant’s claim that the driver’s consent was hearsay and inadmissible was rejected. All other exceptions for … Continue reading

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TN: Officer’s recollection refreshed was credited by trial court and followed on appeal

The trooper who stopped defendant had no independent recollection of defendant’s stop, but looking at the video and reading the reports was past recollection refreshed, and the officer’s testimony was then credited by the trial court. The stop was found … Continue reading

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TN: Judge who issued SW can also try the case

It doesn’t violate any law or constitutional provision for a state trial court judge to issue a search warrant and then preside over the trial of the case. McKinley v. State, 2018 Tenn. Crim. App. LEXIS 91 (Feb. 9, 2018). … Continue reading

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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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