{"id":53949,"date":"2023-01-02T00:00:00","date_gmt":"2023-01-02T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53949"},"modified":"2022-12-31T10:42:50","modified_gmt":"2022-12-31T15:42:50","slug":"d-minn-all-theories-to-suppress-must-be-raised-to-usmj-on-referral-or-its-waived","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=53949","title":{"rendered":"D.Minn.: All theories to suppress must be raised to USMJ on referral or it&#8217;s waived"},"content":{"rendered":"\n<p>Defendant\u2019s storage unit had the doors and handles tested with Ion Scanning. He had no reasonable expectation of privacy in that. Before the USDJ, however, he raised it was a trespass to do it as the officers did. That\u2019s waived because it wasn\u2019t presented to the USMJ. United States v. Martinez, 2022 U.S. Dist. LEXIS 233486 (D. Minn. Dec. 30, 2022).<\/p>\n\n\n\n<p>A caller said a man in car at a convenience store was passed out drunk or OD\u2019d in the car. That justified the officer coming to the car. United States v. Osuna, 2022 U.S. Dist. LEXIS 233257 (D. Idaho Dec. 28, 2022).*<\/p>\n\n\n\n<p>There is a fact dispute on whether deadly force was justified here, and defendants do not get qualified immunity. Smith v. Agdeppa, 2022 U.S. App. LEXIS 35945 (9th Cir. Dec. 30, 2022).*<\/p>\n\n\n\n<p>There was at least reasonable suspicion for defendant\u2019s stop and brief detention for possibly being involved in a robbery. It ripened to probable cause. United States v. Taylor, 2022 U.S. Dist. LEXIS 233420 (W.D. La. Nov. 16, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s storage unit had the doors and handles tested with Ion Scanning. He had no reasonable expectation of privacy in that. Before the USDJ, however, he raised it was a trespass to do it as the officers did. That\u2019s waived &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=53949\">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":[104,74,40,35,129],"tags":[],"class_list":["post-53949","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-community-caretaking-function","category-qualified-immunity","category-reasonable-suspicion","category-waiver"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53949","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=53949"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53949\/revisions"}],"predecessor-version":[{"id":53950,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53949\/revisions\/53950"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53949"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53949"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53949"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}