In the trial court, defendant argued that the seizure of his clothing in a hospital room was not a valid plain view. On appeal, however, he argues that entry into the hospital room itself was unreasonable. One can’t change the argument between the trial court and the appeals court, so that argument was waived. Anderson v. State, 2019 Alas. App. LEXIS 74 (June 7, 2019).
“Having read the Affidavit as a whole in a realistic and common sense manner, the Court finds that substantial evidence supports the issuing judge’s determination of probable cause and, thus, defers to that conclusion.” The fact the trash pick up was Wednesday and was out for days didn’t prohibit the police from getting it on Monday. United States v. Carswell, 2019 U.S. Dist. LEXIS 93753 (N.D. Ind. June 4, 2019).*