Category Archives: Standards of review

VA: CoA erred in reversing conviction for 4A error where it didn’t contribute to verdict

The Court of Appeals erred in reversing defendant’s conviction because of an alleged Fourth Amendment error where the uncontested evidence demonstrated beyond a reasonable doubt that a rational juror would have found him guilty without the disputed evidence, because that … Continue reading

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CA6: Def consented to search of person when he came out of bathroom and was accosted by two officers

“Perhaps the last thing one usually expects when exiting the bathroom is to find a police officer on the other side of the door. However, such was the situation Tremaine Cowan discovered when he exited the restroom of a private … Continue reading

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IA: Officer’s checking on car parked on rural road at 1 am was valid welfare check

The officer stopped to check on the welfare of defendant parked on the side of a rural road at 1 am. This was a bona fide welfare check and not a criminal investigation, and it was reasonable. State v. Coffman, … Continue reading

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GA engages in de novo review of consent claim when facts aren’t in dispute

Since the facts are undisputed, the court does de novo review and finds that defendant consented to the breath test and reverses. State v. Jacobs, 2017 Ga. App. LEXIS 361 (Aug. 2, 2017). “Counsel was not ineffective in failing to … Continue reading

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ND: Video supports trial court’s finding of no consent to blood test

The video of defendant’s stop supports the trial court’s finding of lack of consent, and it’s affirmed. “The district court’s decision to suppress the results of the blood test was based upon a finding Hawkins did not voluntarily consent to … Continue reading

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CT: When two grounds are found to support the search, def on appeal has to challenge both

Defendant’s claim that the officers did not follow administrative regulations on conducting his parole search was moot where the trial court also found defendant consented to the search and he didn’t challenge consent. State v. Holley, 2017 Conn. App. LEXIS … Continue reading

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GA: Std of review: If video clear, it controls on its facts and gets de novo review

Defendant was stopped for driving a motorcycle without a helmet, and alcohol was on his breath. The objective facts from the video show the FST and breath test were consensual. “And, where, as here, the controlling facts are undisputed because … Continue reading

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M.D.Pa.: Def kept talking about her husband’s drug activities after ticket issued; that was a consensual extension of the stop

An unlit license plate light was enough for a stop. “Because Defendant had already been issued a traffic citation and then proceeded to initiate further conversation with Officer Monte about her husband’s drug-related activities, the court finds that, under the … Continue reading

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D.Conn.: SW for drugs in house supported plain view of gun under mattress

There was evidence linking defendant’s alleged drug offenses to his home, so the warrant for his home was justified. A drug search is intensive, and the gun found under a mattress was in plain view. United States v. Reyes, 2017 … Continue reading

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ID: “Right result-wrong theory” will not be applied to relieve the state of defaulting an argument in support of search

“Right result-wrong theory” will not be applied to relieve the state of failing to make an argument to support the search in the trial court. The state defaulted the argument it advances on appeal. State v. Garcia-Rodriguez, 2017 Ida. LEXIS … Continue reading

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