{"id":26580,"date":"2017-04-03T00:00:19","date_gmt":"2017-04-03T05:00:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=26580"},"modified":"2017-04-02T18:00:31","modified_gmt":"2017-04-02T23:00:31","slug":"ny4-testimony-at-trial-cant-be-used-on-appeal-of-a-suppression-issue","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=26580","title":{"rendered":"NY4: Testimony at trial can&#8217;t be used on appeal of a suppression issue"},"content":{"rendered":"<p>Even if defendant had standing, the search was justified by consent. \u201cIn contending that the resident did not give consent, defendant improperly relies on testimony of the resident of the home at the first trial, which ended in a hung jury. \u2018[T]estimony subsequently elicited at trial may not be considered in connection with a challenge to a pretrial suppression determination\u2019\u201d. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2017\/2017_02571.htm\">People v. Kabir<\/a>, 2017 NY Slip Op 02571, 2017 N.Y. App. Div. LEXIS 2522 (4th Dept. March 31, 2017).<\/p>\n<p>\u201cDefendant is correct that \u2018a person&#8217;s mere propinquity to others independently suspected of criminal activity does not, without more, give rise to probable cause to search that person.\u2019 Ybarra v. Illinois, 444 U.S. 85, 86, 100 S. Ct. 338, 62 L. Ed. 2d 238 (1979). However, the Court also recognizes that \u2018the standard for probable cause is not terribly demanding.\u2019 United States v. Collins, 427 F.3d 688, 691 (9th Cir. 2005).\u201d Here, there was several more that suspicious inferences that could be drawn that pointed to probable cause to believe that defendant was involved in a marijuana off-load operation at a Santa Barbara beach. United States v. Huizar, 2017 U.S. Dist. LEXIS 46989 (C.D. Cal. March 27, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Even if defendant had standing, the search was justified by consent. \u201cIn contending that the resident did not give consent, defendant improperly relies on testimony of the resident of the home at the first trial, which ended in a hung &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=26580\">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":[20,96],"tags":[],"class_list":["post-26580","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-standards-of-review"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26580","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=26580"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26580\/revisions"}],"predecessor-version":[{"id":26581,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26580\/revisions\/26581"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26580"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26580"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26580"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}