NY3: When trial court sustains search on two grounds, both have to be challenged on appeal or no error

Defendant challenged the search of his BAC which was obtained by consent and a search warrant. Challenging only the search warrant doesn’t matter because consent remains. People v. Guzy, 2018 NY Slip Op 08714, 2018 N.Y. App. Div. LEXIS 8665 (3d Dept. Dec. 20, 2018).

Review of issuance of a search warrant is not de novo: it’s whether there was a substantial basis for issuance of the warrant, and here there was. The motion to suppress was properly denied. State v. Dennison, 2018-Ohio-5126, 2018 Ohio App. LEXIS 5434 (7th Dist. Dec. 20, 2018).*

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