The E.D. Cal., in a forfeiture case based on a search warrant, determines the question of probable cause first, and then finds the good faith exception applicable as an alternative basis. United States v. Approximately $15,630.00 in United States Currency, 2007 U.S. Dist. LEXIS 66298 (E.D. Cal. September 7, 2007):<\/p>\n
In sum, claimants’ argument is an attempt to engage the court in a technical review of the affidavit, rather than the practical, common-sense approach mandated by Gates. Because the court concludes that the search of Wahidi’s residence did not violate the Fourth Amendment in that the search warrant showed probable cause for the seizure of the items from Wahidi’s residence, or in the alternative, that the good faith exception to the exclusionary rule applies, claimants’ motion to suppress is DENIED.<\/p><\/blockquote>\n
A failure to file a motion to suppress under F.R.Crim.P. 12 is a waiver of the issue. That is sufficient to resolve the appeal, and it saves for later whether a failure to file a suppression motion deprives the appellate court of jurisdiction to decide the question on appeal. United States v. Collier<\/a>, 246 Fed. Appx. 321, 2007 FED App. 0631N (6th Cir. 2007)*(unpublished).<\/p>\n
Reasonable suspicion existed: “The specific, articulable facts indicated that Johnson had committed at least one of the above crimes. Moreover, the time of day, the high-crime area, and the suspicious actions and condition of Johnson, support the finding that the officers had reasonable suspicion that criminal activity had occurred.” United States v. Johnson<\/a>, 246 Fed. Appx. 982, 2007 FED App. 0653N (6th Cir. 2007)* (unpublished).<\/p>\n
Defense counsel’s failure to appeal denial of suppression motion was hardly prejudicial in light of the facts developed at the hearing which showed defendant would not prevail on appeal. Middleton v. Quarterman, 2007 U.S. Dist. LEXIS 66276 (W.D. Tex. September 7, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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