OR: Even constitutional challenges need to be preserved below

Even constitutional challenges need to be preserved below. Jimenez v. Dep’t of Revenue, 370 Or. 543 (Dec. 15, 2022).

The court does not find the officer’s testimony credible. He claimed he saw defendant with binoculars from 100′ away buying liquor at a walkup window with a handgun with a tactical light attached tucked in defendant’s armpit. After the purchase, he claims it was moved to his right front pocket and an extended magazine was visible. United States v. Brown, 2022 U.S. Dist. LEXIS 227196 (S.D. Ill. Dec. 16, 2022).*

A tipster that calls in and leaves name and phone number and details is more believable than an anonymous informer. State v. Bearer, 2022-Ohio-4554 (9th Dist. Dec. 14, 2022)

Defendant’s original challenge to the search warrant was rejected on appeal. This one on 2255 only slightly changes the argument and doesn’t help. United States v. Rice, 2022 U.S. Dist. LEXIS 227279 (W.D. Pa. Dec. 16, 2022).*

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