Category Archives: Motion to suppress

D.Mont.: Gun possession not stale after 5 months

A CI’s reference to guns in defendant’s house in Dec. 2016 was not stale by April 2017. Defendant’s arguments about a Franks violation are rejected for lack of materiality to the finding of probable cause. United States v. Wilson, 2017 … Continue reading

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GA & Guam: Not getting a timely ruling on motion to suppress is waiver

Defendant didn’t get a ruling on his motion to suppress before trial. At trial, he didn’t object to one item being admitted but did to another, but not on Fourth Amendment grounds. Defendant waived his Fourth Amendment claim by not … Continue reading

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PA: No REP in CI recorded video in def’s car during drug transaction; also, motion was out of time and should have been denied on that ground alone

Defendant had no reasonable expectation of privacy in his car under the state constitution from a surreptitious silent video recording of a drug transaction. The trial court erred in granting it. Indeed, the filing of the motion to suppress on … Continue reading

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W.D.N.C.: Timely motion to suppress was enough to have to continue trial date over def’s objection

Defendant filed a motion to suppress but didn’t want the trial delayed. Based on the time for the government to respond and the USMJ to prepare findings of fact and conclusions of law, the trial would have to be continued … Continue reading

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NV: Illegally recorded conversation by recorder in child’s backpack can be used by expert in child custody proceeding

In this child custody case, the father put a recording device in the child’s backpack to record the child’s interactions with the mother. While the recording violated state law, the trial court did not abuse its discretion in permitting an … Continue reading

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LA: Automatic denial of pro se motion to suppress filed by represented defendant was error; counsel needs to review

Trial court erred in denying defendant’s pro se motion to suppress solely because he was represented by counsel. At least as a matter of state law, it’s up to defense counsel to assess the motion and decide what to do … Continue reading

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DE: Conclusory motion to suppress summarily denied

Defendant’s conclusory motion to suppress that states no law or fact is denied without a hearing. State v. Dunson, 2017 Del. Super. LEXIS 616 (July 7, 2017):

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DE: two on motions to suppress out of time

Motion to file a motion to suppress out of time is denied for not showing a sufficient excuse. Even so, defendant doesn’t allege standing, so he couldn’t win if it was allowed to be filed. State v. Boyd, 2017 Del. … Continue reading

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CA7: Def’s false suppression hearing testimony gets him 2 level obstruction sentencing enhancement

Defendant’s false testimony at suppression hearing results in 2 level enhancement under the Sentencing Guidelines. United States v. Jones, 2017 U.S. App. LEXIS 18204 (7th Cir. Sept. 20, 2017):

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CA2: Waiting until trial to move to suppress computer was waiver

The FBI thought they had defendant’s wife’s consent to search his computer, but they realized she didn’t know the password, so they applied for a search warrant. Defendant waited until the start of the trial to move to suppress, and … Continue reading

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NY4: Not granting a continuance of suppression hearing for unavailable witnesses was an abuse of discretion

The trial court erred in granting the motion to suppress for the nonattendance of its police witnesses after they were subpoenaed but didn’t show. The state sought an adjournment which the trial court denied. It was the first request for … Continue reading

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D.Haw.: Possible new evidence on search issue for motion for new trial doesn’t change outcome

Defendant’s motion for new trial based on possible new evidence for litigating the search and seizure claim under F.R.Crim.P. 33 is denied because it doesn’t change the outcome. United States v. Kapahu, 2017 U.S. Dist. LEXIS 88922 (D. Haw. June … Continue reading

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