Category Archives: Motion to suppress

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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Two on waiver of motions to suppress

Where the motion to suppress was filed the Friday before a Monday bench trial, it was within the discretion of the district court to defer the suppression motion ruling until after all the evidence was in. United States v. Hardison, … Continue reading

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PA: Deciding a motion to suppress on grounds not raised by the defense was an abuse of discretion; state didn’t get to respond

Deciding a motion to suppress on grounds not raised by the defense was an abuse of discretion because the state did not get to raise a defense to it. Commonwealth v. Banks, 2017 PA Super 182, 2017 Pa. Super. LEXIS … Continue reading

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E.D.Va.: Potential fraud conspiracy provided inference for PC to search cell phones

There was probable cause for the search of defendant’s cell phones in his car. He fled from an attempt to make a purchase at a store with a stolen prepaid credit card. When his car was stopped, he consented to … Continue reading

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OH10: Hearsay of one officer about another not inadmissible in suppression hearing about RS

The trial court did not err in relying in part on hearsay testimony by one officer about another to find that there was reasonable suspicion for defendant’s detention. State v. Box, 2017-Ohio-1138, 2017 Ohio App. LEXIS 1165 (10th Dist. March … Continue reading

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DC: Failing to file a motion to suppress is waiver of the issue

Defendant never filed a motion to suppress prior to trial, so the search and seizure claim is waived. Proctor v. United States, 2017 D.C. App. LEXIS 55 (March 16, 2017), amended 2017 D.C. App. LEXIS 331 (Oct. 26, 2017). The … Continue reading

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E.D.Wis.: USMJ declines adversary briefing by Google for a SW for email; take it to the USDJ

Google objected to a search warrant for two email accounts, whether located in the U.S. or not. Its motion for a briefing schedule is denied. Despite case law elsewhere, the District Judge is the one to take up adversarial litigation … Continue reading

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D.Nev.: Untimely motion to suppress summarily denied

Defendant’s untimely motion to suppress is denied. United States v. Drexler, 2017 U.S. Dist. LEXIS 13833 (D.Nev. Feb. 1, 2017). Defendant was arrested for bank robbery, and a search incident to arrest of his person was valid and based on … Continue reading

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M.D.Pa.: Motion to suppress denied without prejudice for failure to plead any facts or law or brief the issue with cases

Motion to suppress denied without prejudice for failing to cite facts or authority or provide a cogent argument. United States v. Guerrier, 2017 U.S. Dist. LEXIS 14405 (M.D. Pa. Feb. 2, 2017):

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M.D.Pa.: General motion to suppress denied for not pleading any facts or law

“In light of the fact that Defendant fails to specify which statements he is seeking to suppress and the insufficiency of Defendant’s explanation for why the arrest warrant lacks probable cause, I am unable to properly consider these motions. Fourth … Continue reading

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