D.Minn.: All theories to suppress must be raised to USMJ on referral or it’s waived

Defendant’s storage unit had the doors and handles tested with Ion Scanning. He had no reasonable expectation of privacy in that. Before the USDJ, however, he raised it was a trespass to do it as the officers did. That’s waived because it wasn’t presented to the USMJ. United States v. Martinez, 2022 U.S. Dist. LEXIS 233486 (D. Minn. Dec. 30, 2022).

A caller said a man in car at a convenience store was passed out drunk or OD’d in the car. That justified the officer coming to the car. United States v. Osuna, 2022 U.S. Dist. LEXIS 233257 (D. Idaho Dec. 28, 2022).*

There is a fact dispute on whether deadly force was justified here, and defendants do not get qualified immunity. Smith v. Agdeppa, 2022 U.S. App. LEXIS 35945 (9th Cir. Dec. 30, 2022).*

There was at least reasonable suspicion for defendant’s stop and brief detention for possibly being involved in a robbery. It ripened to probable cause. United States v. Taylor, 2022 U.S. Dist. LEXIS 233420 (W.D. La. Nov. 16, 2022).*

This entry was posted in Burden of pleading, Community caretaking function, Qualified immunity, Reasonable suspicion, Waiver. Bookmark the permalink.

Comments are closed.