NY2: State waived ground for search incident by not arguing it in the trial court

A gun was found in a backpack of defendant chased by the police fleeing from an arrest. There was no ground shown for search incident of the backpack. The state did not rely on possible presence of drug evidence in the backpack in the trial court. “[S]ince the People did not rely on that theory at the suppression hearing, and the hearing court did not address the theory, the People may not raise it for the first time on appeal.” People v. Thompson, 2014 NY Slip Op 04524, 2014 N.Y. App. Div. LEXIS 4445 (2d Dept. June 18, 2014).

Defendant gave consent to search a car that he couldn’t show standing in as an alleged owner; there was no paperwork of ownership. State v. Hindman, 2014 Mo. App. LEXIS 685 (Mo. App. June 17, 2014).*

Defendant’s flight from his vehicle on foot is a waiver of standing. United States v. Cox, 2014 U.S. Dist. LEXIS 82476 (D. Minn. May 19, 2014).*