DE: State const’l claim Caballes should be rejected would not be considered on mere plain error review

Defendant for the first time on appeal raised a state constitutional argument that Caballes on dog sniffs as searched should be rejected. The court declines to go there on plain error review. Bradley v. State, 2018 Del. LEXIS 477 (Oct. 24, 2018).

Defendant claimed in his 2255 that defense counsel failed to challenge his GPS tracking. The government had a CI that also gave information including that defendant had a weapon in the car, and that’s an independent source: “The Government presented evidence that law enforcement discovered the guns based on information from a cooperating witness that was independent from the GPS placement and monitoring. This independent evidence would have defeated Petitioner’s motion to suppress based on the allegedly illegal GPS even if counsel proved standing.” Coleman v. United States, 2018 U.S. Dist. LEXIS 183957 (W.D. N.C. Oct. 26, 2018).*

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