Category Archives: Burden of proof

TN: Def’s post-conviction burden is to show that the motion to suppress would have prevailed

On a post-conviction petition that defense counsel was ineffective, the defense has to put on proof to show that there is some reason to believe that the motion to suppress would have been granted if it had been pursued at … Continue reading

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ID: Def consented to search of person and lifted shirt revealing baggie of MJ

Defendant consented to a search for weapons, and lifted his shirt, and the officer saw a baggie of marijuana sticking out of his pants. The view was valid, and the seizure did not exceed the scope of consent. State v. … Continue reading

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MO: Where there are two justifications for a stop, challenging only one does not provide relief

There were two justifications for defendant’s stop. Defendant only challenged one, so it’s moot. State v. Swartz, 2017 Mo. App. LEXIS 74 (Feb. 14, 2017). The sound of defendant’s car apparently hitting another car constituted a hit and run, and … Continue reading

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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

Posted in Burden of proof, Motion to suppress | Comments Off

TN: General statement of “certified question of law” requires dismissal of appeal

Defendant’s general statement of the search and seizure in his state mandated “certified question of law” was insufficient for lack of what it was and what was sought to be suppressed, and the appeal is dismissed. State v. Forest, 2017 … Continue reading

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CA6: Without record references to where the facts are, the court finds the 4A argument waived; counsel blames word limits on briefs

Defendant had waived his challenge to the denial of motions to suppress where he failed to point to any findings in the record demonstrating how the district court erred or why a wiretap application lacked probable cause. Even if defendant … Continue reading

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N.D.Ga.: Police reports attached to post-hearing brief not in evidence would not be considered

“[T]he Court does not consider the exhibits that Smith attached to his post-evidentiary hearing brief. These documents presumably were in Defendant’s possession at the time of the evidentiary hearings and could have been used to cross-examine the witnesses. Smith does … Continue reading

Posted in Burden of proof, Reasonable suspicion | Comments Off

NC: Def waived issue of RS for appeal by arguing PC instead; on merits, there was RS anyway

Defendant abandons his argument that there was no reasonable suspicion for his stop by providing no argument on reasonable suspicion and instead focusing on probable cause. Going to the record, however, the court finds reasonable suspicion for the stop because … Continue reading

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E.D.Mich.: Sex trafficking a minor in a hotel room was exigency for warrantless entry on PC

Defendant rented his hotel room under a known alias of his for which he had an ID card. That gave him standing. The exigency of sex trafficking a minor justified the officer’s warrantless entry, and it’s apparent there was probable … Continue reading

Posted in Burden of proof, Emergency / exigency | Comments Off

CA9: 911 call about suicide by overdose justified entry

Police received a 911 call about a suicide by overdose, and the entry into the premises was reasonable. Ames v. King County, 2017 U.S. App. LEXIS 660 (9th Cir. Jan. 13, 2017). Claimant failed to make a Fourth Amendment claim … Continue reading

Posted in Burden of proof, Community caretaking function, Emergency / exigency | Comments Off