The state has the burden of alleging defendant didn’t have standing, and here it didn’t do so until a motion to reconsider claiming it was the trial court’s error of law. To succeed on a motion to reconsider, the state first has to show what it has that’s new that it didn’t have before and then explain why it wasn’t raised at the suppression hearing. Here, the state had no explanation, and it was “wholly available to the State at the time of the suppression hearing.” The trial court didn’t err in denying the motion to consider. People v. Ross, 2017 IL App (4th) 170121, 2017 Ill. App. LEXIS 798 (Dec. 19, 2017).
Defendant’s slurred speech and condition at the time of the stop was probable cause for arrest. State v. Rice, 2017-Ohio-9114, 2017 Ohio App. LEXIS 5585 (1st Dist. Dec. 20, 2017).*
The officer’s version of execution of the search warrant is far more credible than defendant’s girlfriend’s. United States v. Silas, 2017 U.S. Dist. LEXIS 208357 (E.D. Tenn. Aug. 24, 2017), adopted, 2017 U.S. Dist. LEXIS 207341 (E.D. Tenn. Dec. 18, 2017).*