E.D.N.C.: Trial objection was 5A and Miranda; 4A claim waived and can’t be raised post-trial

Defendant’s trial objection was based on Miranda and the Fifth Amendment. No Fourth Amendment claim was made so it is waived and post trial briefing is too late. United States v. Horton, 2018 U.S. Dist. LEXIS 201898 (E.D. N.C. Nov. 29, 2018).

Reasonable suspicion for a patdown: “(1) the location of the stopped vehicle was near a high-crime area; (2) the stop was conducted in the early morning hours after over-night surveillance of a location where “short-term” drug trafficking activity was prevalent and where suspicious activity of an over-night move was taking place; (3) Officer Marah knew that Defendant Yackel had been involved with drug sales and assault charges in the past; (4) the passenger in the vehicle (Olson) was a person wanted on several warrants and who was “highly involved in criminal activity, particularly stolen vehicles and narcotics” …; (5) the vehicle was registered to someone else; and (6) when Officer Marah approached the driver’s side of the vehicle, Yackel was ‘breathing very heavy, his hands were shaking and … [he] was visibly nervous.’” United States v. Yackel, 2018 U.S. Dist. LEXIS 201991 (D. Minn. Nov. 29, 2018).*

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