E.D.Okla.: Motion to suppress waived when defense needed the evidence at trial

Defendant originally moved to suppress a search which included a video. Then he decided he needed it at trial, so it was waived. United States v. Savage, 2021 U.S. Dist. LEXIS 250209 (E.D.Okla. Nov. 19, 2021) (see Treatise § 60.19, Should the evidence even be suppressed? If you succeed, what happens with your case?)

Defendant didn’t appeal from the order sealing a search warrant so it can’t be considered in this appeal. State v. Justice, 2022-Ohio-87, 2022 Ohio App. LEXIS 65 (10th Dist. Jan. 13, 2022).

The U.S. Court of Claims doesn’t have jurisdiction over collateral review of convictions even with a Fourth Amendment claim. Therefore, there’s no appellate review either. Myles v. United States, 2022 U.S. App. LEXIS 1030 (Fed. Cir. Jan. 13, 2022).

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