Daily Archives: January 19, 2023

AR: Claim state’s response to motion to suppress was judicial admission has to be presented to trial court

To argue that the state’s admissions in a response to a motion to suppress amount to a judicial admission of fact, the issue has to be argued to the trial court to preserve it. Otherwise, the trial court is free … Continue reading

Posted in Admissibility of evidence, Burden of pleading, DNA, Exclusionary rule, Waiver | Comments Off on AR: Claim state’s response to motion to suppress was judicial admission has to be presented to trial court

CA4: Failure to turn on bodycam before frisk not shown to be in bad faith

Officer’s failure to turn on his bodycam before frisk here doesn’t require an adverse inference of destruction of evidence. Bad faith isn’t shown. United States v. Aguirre-Cuenca, 2023 U.S. App. LEXIS 1105 (4th Cir. Jan. 18, 2023). Defendant’s appeal is … Continue reading

Posted in Body cameras, Ineffective assistance, Issue preclusion, Reasonableness | Comments Off on CA4: Failure to turn on bodycam before frisk not shown to be in bad faith