NY2: Failure to object to SW papers admitted into evidence at trial was waiver

Failure to object to admission of the search warrant papers into evidence at trial was waiver. People v. Mack, 2021 NY Slip Op 04377, 2021 N.Y. App. Div. LEXIS 4456 (2d Dept. July 14, 2021).*

“The Supreme Court reversed our judgment in this case and remanded to this Court for further proceedings. United States v. Cooley, 141 S. Ct. 1638 (2021). The District Court did not decide the following question: If—as the Supreme Court held—the tribal officer otherwise possessed the relevant authority, ‘whether the officer had probable cause for a search or arrest, or reasonable suspicion for an investigatory detention.’ United States v. Cooley, 919 F.3d 1135, 1145 (9th Cir. 2019). Accordingly, the case is hereby REMANDED to the District Court to address that question. See id. (“We rely on Fourth Amendment jurisprudence to analyze the validity of a search or seizure under [the Indian Civil Rights Act].”) (citing United States v. Becerra-Garcia, 397 F.3d 1167, 1171 (9th Cir. 2005)).” United States v. Cooley, 2021 U.S. App. LEXIS 20810 (9th Cir. July 14, 2021).*