Category Archives: Motion to suppress

WV: Def can’t show abuse of discretion for trial court to not consider oral motion to suppress instead of a written one

Defendant can’t show an abuse of discretion from the trial judge’s declining to consider an oral motion to suppress. The rule says it’s in the discretion of the trial court. State v. Gaiser, 2018 W. Va. LEXIS 370 (May 14, … Continue reading

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NY4: Oral motion to suppress denied; has to be written

An oral motion to suppress fails. It was required to be in writing for the record. People v. Hinojoso-Soto, 2018 NY Slip Op 03264, 2018 N.Y. App. Div. LEXIS 3195 (4th Dept. May 4, 2018). Driving a car at a … Continue reading

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NE: A motion in limine is not a substitute for a motion to suppress

“A suppression hearing is preparatory, because it relates to auxiliary issues not immediately relevant to the question of guilt and is held in anticipation of certain evidence being introduced at a forthcoming trial.” A motion in limine is not a … Continue reading

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CA1: Suppression motion was untimely without a showing of good cause, and it would not be determined on appeal

“Sweeney neither challenged the finding of untimeliness before the district court, nor does he now argue that his delay in filing the motion to suppress was excused by good cause. As such, because of his waiver, we need not address … Continue reading

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S.D.Ohio: Affidavit for SW judicially estopped govt to claim no standing

The affidavit for the search warrant alleged the house was defendant’s house. The government was judicially estopped from claiming otherwise in the proceeding without real evidence the affidavit was wrong. [I’ve been arguing this for years; see Treatise § 4.03.] … Continue reading

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W.D.Ky.: Motion to reconsider denial of motion to suppress only raised a trial issue, not a suppression issue, so denied

Defendant’s motion to reconsider the prior denial of a motion to suppress is denied because he raises essentially only an issue for trial as to where a gun was found, not to suppress evidence. United States v. Keeling, 2018 U.S. … Continue reading

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NY4: Man with a gun report led police within one minute to couple on street, and def abandoned gun

Police received a call of a man with a shotgun walking with a woman. Officers got there within a minute and saw a couple matching the description. No lights or siren were on. Defendant walked into a grassy area and … Continue reading

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W.D.N.C.: Def counsel’s busy schedule not “good cause” for motion to file motion to suppress out of time

“In his amended motion for leave, counsel admits that he received the discovery in this matter from the Government on or about October 19, 2017, but states that he was not ‘in a position to effectively review’ such materials until … Continue reading

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CA8: Confrontation clause doesn’t apply to suppression hearings; hearsay commonly used

Defendant was added to a conspiracy case after the codefendants had a suppression hearing. It was at first agreed that their suppression hearing testimony could be considered as to defendant as well, but then defendant equivocated on that. To some … Continue reading

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PA: Telling computer repair person to move files to a new hard drive was a waiver of REP

Defendant essentially waived his reasonable expectation of privacy in his computer hard drive when he took it in for repair, was told that the hard drive was failing and he needed a new one, and then directed them to move … Continue reading

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FL5: Peeing in a parking lot is RS of “public nudity” justifying a stop

Peeing in a parking lot is reasonable suspicion of “public nudity” justifying a stop. State v. Harris, 2017 Fla. App. LEXIS 18994 (Fla. 5th DCA Dec. 15, 2017). Defendant’s rental company maintenance man was acting as a private citizen when … Continue reading

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E.D.La.: Not filing motion to suppress but joining in codef’s renewed motion to suppress was waiver

Where one defendant didn’t file a motion to suppress but joined in a renewed motion to suppress of a codefendant, the motion is treated as waived. The procedure attempted circumvents Rule 12. Moreover, he doesn’t even have standing. United States … Continue reading

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