Category Archives: Motion to suppress

GA: Lack of a particularized motion to suppress didn’t preserve 4A claim for appeal

Defendant did not file a particularized motion to suppress, so he couldn’t raise the issue on appeal. State v. Walker, 2019 Ga. App. LEXIS 266 (May 17, 2019). Defendant’s statement during the course of the search of his house was … Continue reading

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CA2: Failure to make an offer of proof in motion to suppress means denial of the motion

“For starters, Ferrer was not entitled to a hearing on his motion to suppress. The motion, filed by counsel, was unaccompanied by any affidavit to support the charge that Ferrer was subjected to ‘an unlawful police-initiated interrogation.’ Gov’t App’x 2. … Continue reading

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W.D.Wash.: 14 month delay in searching seized cell phone was reasonable because it wouldn’t have been returned anyway

A 14 month delay between seizure and search of defendant’s cell phone was not unreasonable because the phone would not have been returned to defendant in any event. Plus, he was in jail and couldn’t possess it. United States v. … Continue reading

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DE: Untimely motion to suppress properly denied; def would lose on the merits anyway

Failure to file a motion to suppress before trial constituted a waiver of claims regarding the admissibility of items found at defendant’s garage. There was no plain error in the application of the inevitable discovery rule because it was clear … Continue reading

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D.Ariz.: Raising a search issue 5 months after conviction is a little too late

Defendant’s suppression argument five months after conviction is too late. Besides, it doesn’t allege anything of substance anyway. United States v. Alahmedalabdaloklah, 2018 U.S. Dist. LEXIS 189719 (D. Ariz. Nov. 6, 2018).* Defendant’s search claim is denied without even telling … Continue reading

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D.Minn.: Res judicata doesn’t bar relitigating motion to suppress within same proceeding

A ruling on a motion to suppress during the proceedings is subject to change. It is not governed by res judicata because it isn’t final. United States v. Baez, 2018 U.S. Dist. LEXIS 184017 (D. Minn. Aug. 30, 2018), adopted, … Continue reading

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DE: Motion deadlines are there for a reason; the defense doesn’t show “exceptional circumstances” to overcome the deadline

There are motion deadlines for a reason. Former defense counsel reviewed the file and didn’t see a basis for a motion to suppress. Another defense lawyer came in and did. The excuse for getting around the deadline is late disclosure … Continue reading

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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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