{"id":42387,"date":"2020-02-15T22:48:30","date_gmt":"2020-02-16T03:48:30","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=42387"},"modified":"2020-02-16T08:06:48","modified_gmt":"2020-02-16T13:06:48","slug":"ca5-4a-claim-first-raised-in-reply-brief-on-appeal-is-waived","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=42387","title":{"rendered":"CA5: 4A claim first raised in reply brief on appeal is waived"},"content":{"rendered":"<p>\u201cCordova has forfeited his stand-alone Fourth Amendment claim by raising it for the first time in his reply brief.\u201d And it would have to be reviewed for plain error, which it\u2019s not. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/18\/18-40883.0.pdf\">United States v. Cordova<\/a>, 2020 U.S. App. LEXIS 4383 (5th Cir. Feb. 10, 2020).* (Nearly any issue raised for the first time in a reply brief is waived. Am. Jur. 2d, Appellate Review \u00a7\u00a7 481-82.)<\/p>\n<p>The clearly erroneous standard applies in this circuit to the USDJ\u2019s review of the USMJ\u2019s R&#038;R on findings of fact. There was probable cause supporting issuance of the search warrant. New information was added to older information to overcome alleged staleness. The officers had exigency to seize his electronic devices when he refused to consent to their seizure because he was aware of the investigation and that police were looking for information on the phone. \u201cThe Court finds that the exigency here was neither created nor manufactured by the officers.\u201d United States v. Meyer, 2020 U.S. Dist. LEXIS 24426 (N.D. Iowa Feb. 12, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cCordova has forfeited his stand-alone Fourth Amendment claim by raising it for the first time in his reply brief.\u201d And it would have to be reviewed for plain error, which it\u2019s not. United States v. Cordova, 2020 U.S. App. LEXIS &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=42387\">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":[1],"tags":[],"class_list":["post-42387","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42387","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=42387"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42387\/revisions"}],"predecessor-version":[{"id":42397,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42387\/revisions\/42397"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=42387"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=42387"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=42387"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}