IN: State const’l arguments have to be raised in trial court first

Defendant’s argument for a change in standing law under the state constitution that he should have the ability to challenge the search of another person’s person and clothing wasn’t raised below, so it’s waived. State v. Allen, 2022 Ind. App. LEXIS 145 (Apr. 8, 2022).

Checking criminal histories of the passengers in the car added time to the stop, but this was based on reasonable suspicion. “Record checks of a passenger differ because they are justified only by officer safety, and not highway safety.” United States v. Dexter, 2022 U.S. Dist. LEXIS 81408 (D.N.H. May 4, 2022).*

This electronic data search warrant was not overbroad. The affidavit for the warrant showed years long efforts to collect child pornography. United States v. Hadden, 2022 U.S. Dist. LEXIS 81157 (S.D.N.Y. May 4, 2022).*

The traffic stop was valid, and the smell of marijuana gave probable cause to search. United States v. Ferguson, 2022 U.S. Dist. LEXIS 81618 (S.D.Ind. May 5, 2022).*

This entry was posted in Automobile exception, Burden of pleading, Overbreadth, Reasonableness, State constitution, Waiver. Bookmark the permalink.

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