{"id":2398,"date":"2009-01-16T18:48:51","date_gmt":"2008-08-23T04:32:13","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-08-25T04:40:24","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2398","title":{"rendered":"CA10: Generalized argument on appeal from denial of motion to suppress not enough to reverse"},"content":{"rendered":"

Defendant’s generalized motion to suppress and result of the hearing left the District Court and the Court of Appeals in the dark as to the specific issue being presented as to a violation of the defendant<\/em>‘s rights. United States v. Jarvi<\/a>, 537 F.3d 1256 (10th Cir. 2008):<\/p>\n

In light of the burden of proof, this lack of information dooms Mr. Jarvi’s motion for suppression. To suppress evidence as the fruit of his unlawful detention or unlawful search, Mr. Jarvi “must make two showings: (1) that the detention [or search] did violate his Fourth Amendment rights; and (2) that there is a factual nexus between the illegality and the challenged evidence.” … If he makes those showings, then the government may attempt to show that the taint has nonetheless been dissipated by inevitable discovery, attenuation, or the like. … In other words, Mr. Jarvi must show that if police had not searched his truck (or unlawfully detained him, if that violation were shown), they would not have ended up questioning Ms. Higgins and learning about the drugs in his house. See, e.g., Pulliam v. United States<\/em>, 405 F.3d 782, 787 (9th Cir. 2005) (setting forth the various ways the defendant could have shown a nexus, including by demonstrating that “the statements he made … prompted the officers to search the car or enabled them to find evidence in it that otherwise would have remained hidden”). In his appellate briefs, Mr. Jarvi claims that “it’s clear that Ms. Higgins[‘s] statements would not have been made but for the illegal detention[,] arrest and search of the appellant.” Aplt’s Br. at 16. But he offers no reason why this would be true, and the record reveals none. Absent any information presented at the hearing about whether his detention was illegal, or how the questioning of Ms. Higgins related to the arguably illegal detention and the concededly illegal search, we cannot conclude that Mr. Jarvi met his burden before the district court.<\/p><\/blockquote>\n

District court found two reasons to sustain the search, but only one was argued on appeal, and that is not enough to reverse. United States v. George, 291 Fed. Appx. 803 (9th Cir. August 14, 2008) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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