{"id":14351,"date":"2014-11-24T00:15:47","date_gmt":"2014-11-24T05:15:47","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=14351"},"modified":"2014-11-24T07:50:02","modified_gmt":"2014-11-24T12:50:02","slug":"tn-no-relief-under-plain-error-for-mclaughlin-error-of-no-pc-determination-in-48-hours-because-of-muddled-facts","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=14351","title":{"rendered":"TN: No relief under plain error for McLaughlin error of no PC determination in 48 hours because of muddled facts"},"content":{"rendered":"<p>In a case that started in 1997 and was the subject of a successful habeas petition, defendant is not entitled to relief for a <a href=\"http:\/\/scholar.google.com\/scholar_case?case=418195808368952125&#038;q=county+of+riverside+v.+mclaughlin&#038;hl=en&#038;as_sdt=1006\">McLaughlin<\/a> error where he was held more than 48 hours without a probable cause determination and he confessed. The issue was not directly addressed in the trial court because voluntariness was the only issue. The police did have probable cause for the arrest, and, on plain error review, he is not entitled to relief because of the muddled facts and some delay attributable to defendant wanting to speak to his mother, the court can\u2019t say the error was plain. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/norristerryopn.pdf\">State v. Norris<\/a>, 2014 Tenn. Crim. App. LEXIS 1039 (November 18, 2014).<\/p>\n<p>There was reasonable suspicion for a traffic stop at 3 am when the defendant stopped at a green light. When he finally drove off, he was weaving within the lane. Once stopped, the officer noticed the windshield was broken, glass and blood was on the dashboard, and the driver was shirtless and bleeding. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/puckettmarcusopn_0.pdf\">State v. Puckett<\/a>, 2014 Tenn. Crim. App. LEXIS 1050 (November 20, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In a case that started in 1997 and was the subject of a successful habeas petition, defendant is not entitled to relief for a McLaughlin error where he was held more than 48 hours without a probable cause determination and &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=14351\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,35],"tags":[],"class_list":["post-14351","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14351","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=14351"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14351\/revisions"}],"predecessor-version":[{"id":14369,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14351\/revisions\/14369"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=14351"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=14351"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=14351"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}