CA3: Mid-trial suppression argument wasn’t timely

Defendant’s mid-trial suppression motion was untimely despite the defense claim that this was a second search he wasn’t aware of until it came up at trial. United States v. Elcock, 2021 U.S. App. LEXIS 9503 (3d Cir. Apr. 1, 2021).

Defendant was sitting in his car on a Hampton Inn parking lot and was suspiciously loitering as far as hotel management was concerned, so they called the police. When the police arrived, defendant left and the officer followed. Defendant then fled in a high speed chase. Defense counsel wasn’t ineffective for not challenging the officer’s just showing up. [As if this is justification for his flight.] Moreover, “In the instant appeal, Morrison does not even mention Terry v. Ohio, nor does he discuss or argue that the officer’s actions are violative of the “reasonable suspicion” standard for initiating a Terry stop.” Morrison v. State, 2021 Mo. App. LEXIS 424 (Mar. 30, 2021).

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