Category Archives: Standards of review

OH6: Merely being “associated” with a vehicle doesn’t confer standing

“In his motion to suppress, he asserted only that he was ‘associated’ with the truck. We find an ‘association’ with the vehicle gives no greater rights than a mere passenger. Therefore, we agree with the state that appellant could not … Continue reading

Posted in Standards of review, Standing | Comments Off

WaPo: Is voluntariness of consent to search or seize a question of fact, law or both?

WaPo: Is voluntariness of consent to search or seize a question of fact, law or both? by Orin Kerr:

Posted in Consent, Standards of review | Comments Off

MD: Issue on appeal more nuanced and different that one presented to the trial court

Defendant’s issue on appeal is more nuanced, yet not the same as the one argued before the trial court, so there is no authority to decide it. So, the court does for the sake of argument, and it finds nexus. … Continue reading

Posted in Good faith exception, Standards of review | Comments Off

VT: Entry into respondent’s land to investigate open fire was reasonable

Respondent was burning something on his open land without a burn permit. Firefighters were called, and they observed from the road that the color of the smoke indicated something other than natural wood was being burned. From their view, however, … Continue reading

Posted in Administrative search, Standards of review | Comments Off

MD: Drug dog’s reliability is not subject to de novo appellate review

Whether a drug dog is reliable is a question committed to the trial court. It is not subject to de novo review on appeal. Grimm v. State, 2017 Md. App. LEXIS 413 (April 26, 2017). In this death case, there … Continue reading

Posted in Dog sniff, Standards of review | Comments Off

N.D.Iowa: Just because the officer had “unquestioned command of the situation” during a traffic stop doesn’t preclude conducting a frisk for weapons

Just because the officer had “unquestioned command of the situation” during a traffic stop doesn’t preclude the officer from conducting a frisk for weapons. Here, the stop was at night, in a high crime area, there were only streetlights, and … Continue reading

Posted in Reasonable suspicion, Standards of review, Stop and frisk | Comments Off

TN: State’s failure to challenge trial court’s findings entry to curtilage was unreasonable is waiver

Officers had a levy for unpaid court costs, and it wasn’t uncommon for drug officers to come along for the seizure. The record supported the conclusion that defendant did not affirmatively and expressly disclaim or relinquish his privacy interest in … Continue reading

Posted in Curtilage, Standards of review | Comments Off

NY4: Testimony at trial can’t be used on appeal of a suppression issue

Even if defendant had standing, the search was justified by consent. “In contending that the resident did not give consent, defendant improperly relies on testimony of the resident of the home at the first trial, which ended in a hung … Continue reading

Posted in Probable cause, Standards of review | Comments Off

OH10: Bare bones findings didn’t support finding search was valid; remanded

The trial court’s bare bones findings were insufficient to support the conclusion that the search was valid. Remanded. State v. Edwards, 2016-Ohio-4771, 2016 Ohio App. LEXIS 5413 (10th Dist. June 30, 2016). Not challenging the Playpen warrant in this case … Continue reading

Posted in Standards of review | Comments Off

KY: SW moots consent argument

Officers entered defendant’s home to secure a firearm and then returned with a search warrant. Defendant’s consent argument is moot. Lundy v. Commonwealth, 2017 Ky. App. LEXIS 22 (Jan. 27, 2017). The court properly overruled defendant’s motion to suppress a … Continue reading

Posted in Search incident, Standards of review, Standing | Comments Off