AR: Defendant waived consent to search claim by testifying to his possession of drugs in trial

Defendant did not argue that the sobriety checkpoint was illegally set up, instead challenging his consent to search, which was found voluntary. In any event, defendant cannot show he was prejudiced by the consent search when he took the stand and said he was addicted to cocaine and had it in his possession. Wilson v. State, 2012 Ark. App. 96, 2012 Ark. App. LEXIS 195 (February 1, 2012). [Note: Probably no harm here because the trial court’s findings of consent would likely be sustained on appeal, anyway.]

A sobriety checkpoint was not exactly where the press release said it would be, and that was not enough to suppress a stop there. It was still done according to a predetermined plan. Commonwealth v. Aivano, 81 Mass. App. Ct. 247, 961 N.E.2d 613 (2012).*

The USMJ’s findings that the stop of defendant was invalid, based on the credibility of the officer’s testimony, was supported by the evidence. The government’s objections did not overcome the findings. United States v. Northington, 2012 U.S. Dist. LEXIS 12941 (E.D. N.C. January 31, 2012).*