CA3: Consent to search car moots possible mistake of fact motion to suppress

Defendant’s consent to a search of his car after a traffic stop moots the issue that the stop was based on a mistake of fact. United States v. Prado, 2019 U.S. App. LEXIS 38445 (3d Cir. Dec. 24, 2019).*

Facebook’s search warrant production included an affidavit of authenticity sufficient to make the records admissible as business records without a witness. State v. Garcia-Toro, 2019-Ohio-5336, 2019 Ohio App. LEXIS 5414 (8th Dist. Dec. 26, 2019).*

Defendant’s suppression issue was waived by his guilty plea. On the merits, it would have been denied because, as defense counsel put it, there was “overwhelming” probable cause. State v. Price, 2019 Del. Super. LEXIS 668 (Dec. 20, 2019).*

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