TN: Argument “the rule” of witness exclusion of Rule 615 at suppression hearing has to be made in trial court

Defendant didn’t preserve for appeal his argument that the suppression hearing court allowed witnesses to sit in the rehearing of the suppression hearing because he didn’t make it to the trial court. At any rate, the transcripts of the hearing weren’t in the record, and relief on appeal is denied for lack of a record. State v. Bohannon, 2018 Tenn. Crim. App. LEXIS 285 (Apr. 17, 2018).

Defense counsel wasn’t ineffective for not challenging the child pornography Playpen warrant because he couldn’t possibly win on that issue. United States v. McGinley, 2018 U.S. Dist. LEXIS 62175 (D. Minn. Apr. 12, 2018).*

The Franks objection to the affidavit for the search warrant fails because it was not a misrepresentation of fact; it was clearly opinion and taken as such. United States v. Westley, 2018 U.S. Dist. LEXIS 64009 (D. Conn. Apr. 17, 2018).*

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