{"id":53424,"date":"2022-10-24T00:03:00","date_gmt":"2022-10-24T05:03:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53424"},"modified":"2022-10-23T09:27:43","modified_gmt":"2022-10-23T14:27:43","slug":"pa-states-statement-of-issues-for-review-didnt-include-the-precise-issue-argued-so-its-waived","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=53424","title":{"rendered":"PA: State&#8217;s statement of issues for review didn&#8217;t include the precise issue argued so it&#8217;s waived"},"content":{"rendered":"\n<p>The state in its statement of issues below addressed probable cause but did not mention inevitable discovery. That amounted to a waiver. \u201cThe inevitable discovery doctrine is not a subsidiary issue to a claim of adequate probable cause to support the issuance of a search warrant. This Court has repeatedly and without exception referred to the inevitable discovery doctrine as an exception to application of the exclusionary rule.\u201d <a href=\"https:\/\/www.pacourts.us\/assets\/opinions\/Supreme\/out\/J-27-2022mo%20-%20105310597201287119.pdf?cb=1\">Commonwealth v. Price<\/a>, 2022 Pa. LEXIS 1568 (Oct. 19, 2022).<\/p>\n\n\n\n<p>Plaintiff claimed he was unreasonably detained at customs and sued. His case was ultimately dismissed. He sued again, this time in two suits, over the same actions. Collateral estoppel applies. Kordash v. United States, 2022 U.S. App. LEXIS 29420 (11th Cir. Oct. 21, 2022).*<\/p>\n\n\n\n<p>Defendant was on parole in Nebraska which permits suspicionless parole searches. Here, the search was initiated by meeting him at his job site and talking to him privately. He argued that this was more intense than a \u201croutine parole search\u201d so it must be unreasonable. It wasn\u2019t. United States v. Greuter, 2022 U.S. Dist. LEXIS 192159 (D. Neb. Sep. 2, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The state in its statement of issues below addressed probable cause but did not mention inevitable discovery. That amounted to a waiver. \u201cThe inevitable discovery doctrine is not a subsidiary issue to a claim of adequate probable cause to support &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=53424\">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":[10,126,58,129],"tags":[],"class_list":["post-53424","post","type-post","status-publish","format-standard","hentry","category-border-search","category-issue-preclusion","category-probationparole-search","category-waiver"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53424","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=53424"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53424\/revisions"}],"predecessor-version":[{"id":53425,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53424\/revisions\/53425"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53424"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53424"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53424"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}