SD: Def’s search issue on appeal wasn’t presented to the trial court, so it’s waived

Defendant’s claim that evidence discovering during a traffic stop had to be suppressed because the duration of the stop was unlawful was waived because he failed to advance that argument before the trial court. State v. Willingham, 2019 SD 55, 2019 S.D. LEXIS 83 (Sept. 11, 2019).*

The drug officer’s observation of an apparent team of drug dealers working together engaged in drug transactions was probable cause. The search of defendant’s person was immediate, but it was a valid search incident. United States v. Reese, 2019 U.S. Dist. LEXIS 157252 (D. Colo. Sept. 16, 2019).*

This entry was posted in Burden of pleading, Burden of proof, Search incident. Bookmark the permalink.

Comments are closed.