{"id":55781,"date":"2023-09-06T06:06:17","date_gmt":"2023-09-06T11:06:17","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55781"},"modified":"2023-09-06T06:06:17","modified_gmt":"2023-09-06T11:06:17","slug":"me-state-constitutional-arguments-must-be-developed-citing-it-not-enough","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=55781","title":{"rendered":"ME: State constitutional arguments must be developed; citing it not enough"},"content":{"rendered":"\n

(1) The tracking device placed on defendant\u2019s vehicle by court order was with probable cause. (2) \u201cFor a claim under the Maine Constitution to be deemed preserved for our review, however, the party advancing the claim cannot merely allude to or cite the Maine Constitution but must develop his argument.\u201d \u201cWhat is required to preserve a state constitutional claim will vary by context.\u201d (3) Finally, \u201cThe special agent’s failure to fulfill multiple requirements of M.R.U. Crim. P. 41(g) [on return and inventory], though \u2018subject to strong disapproval,\u2019 does not require that the evidence be suppressed.\u201d State v. Norris<\/a>, 2023 ME 60, 2023 Me. LEXIS 70 (Aug. 31, 2023).<\/p>\n\n\n\n

Successor habeas petitioner\u2019s Fourth Amendment ineffective assistance of counsel claim that his DNA was illegally taken was relitigating the same issue in his 2254. \u201cBecause Ragland’s claims in his current application are identical to the claims in his original petition, we lack jurisdiction to consider them.\u201d In re Ragland, 2023 U.S. App. LEXIS 23241 (11th Cir. Aug. 31, 2023).*<\/p>\n\n\n\n

\u201cSo, in the Fourth Amendment context, a seizure arises if a police officer intentionally causes a crash to end a police chase whereas no seizure occurs if there is simply an accidental crash. The officers have offered no reason the same would not be true under the Fourteenth Amendment.\u201d Cheeks v. Belmar, 2023 U.S. App. LEXIS 23264 (8th Cir. Sep. 1, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

(1) The tracking device placed on defendant\u2019s vehicle by court order was with probable cause. (2) \u201cFor a claim under the Maine Constitution to be deemed preserved for our review, however, the party advancing the claim cannot merely allude to … Continue reading →<\/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":[126,69,53,16],"tags":[],"class_list":["post-55781","post","type-post","status-publish","format-standard","hentry","category-issue-preclusion","category-seizure","category-state-constitution","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55781","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=55781"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55781\/revisions"}],"predecessor-version":[{"id":55782,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55781\/revisions\/55782"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55781"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55781"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55781"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}