TN: State’s failure to raise lack of standing in trial court was waiver for appeal; defendant’s oral amendment of motion in trial court was sufficient

State’s failure to raise lack of standing in the trial court meant it couldn’t raise it on appeal. Defendant raised the issue that the state exceeded the scope of consent orally in the trial court, albeit not in the motion, but that was notice enough for the state because the issue was tried. State v. Martinez, 372 S.W.3d 598 (Tenn. Crim. App. 2011).

The search incident of defendant’s vehicle was proper under Gant because there was reason to believe that evidence of the crime he was stopped for would be in the car. Gant, 129 S. Ct. at 1714. State v. Clark, 2011 Tenn. Crim. App. LEXIS 808 (October 24, 2011).*

Defense counsel was hardly ineffective for not challenging admission of jail calls against the defendant that showed intent because it was frivolous; he was on notice of recording. Al-Salibi v. United States, 2011 U.S. Dist. LEXIS 125306 (D. N.J. October 31, 2011).*