CA2: Where PC and GFE found by District Court, both have to be argued on appeal or waiver occurs

The district court found probable cause and the good faith exception applied. On appeal, he argued only probable cause. The alternative ground of good faith was thus waived and the court can affirm. United States v. McGregor, 2024 U.S. App. LEXIS 2128 (4th Cir. Jan. 31, 2024).

“We conclude that based on the totality of the circumstances, the officers had probable cause to believe that a shooting had occurred on the premises and an ‘objectively reasonable basis’ for concluding that there was an immediate need to conduct a protective sweep of the residence and the shed.” The drugs seen there were obtained by a second warrant and consent. They would not be suppressed. State v. Reynolds, 2024 Tenn. Crim. App. LEXIS 36 (Jan. 31, 2024).*

CI’s search of defendant’s gym bag was a private search the police had no part of. United States v. Williams, 2024 U.S. App. LEXIS 2115 (2d Cir. Jan. 31, 2024).*

This entry was posted in Private search, Probable cause, Protective sweep, Waiver. Bookmark the permalink.

Comments are closed.