{"id":58103,"date":"2024-06-16T14:57:12","date_gmt":"2024-06-16T19:57:12","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58103"},"modified":"2024-06-16T14:57:12","modified_gmt":"2024-06-16T19:57:12","slug":"tn-redacted-sw-affidavit-came-in-at-trial-by-agreement-not-plain-error","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58103","title":{"rendered":"TN: Redacted SW affidavit came in at trial by agreement; not plain error"},"content":{"rendered":"\n<p>The affidavit for a search warrant was redacted and admitted as evidence at trial by agreement. The issue was waived and is subject to plain error review, and it\u2019s not plain error. Even if it was, it was harmless error on this record. <a href=\"https:\/\/www.tncourts.gov\/sites\/default\/files\/OpinionsPDFVersion\/UNSIGNED-M2022-1164-CCA-ARMSTRONG.pdf\">State v. Armstrong<\/a>, 2024 Tenn. Crim. App. LEXIS 251 (June 12, 2024). (It could have been a strategic choice under Strickland, too.)<\/p>\n\n\n\n<p>The search of defendant\u2019s car was going to happen in any event for towing for lack of a DL. The officer gave him the not constitutionally required option to get someone to come and get it, but he couldn\u2019t raise anyone. The inventory was valid. United States v. Martinez-Hernandez, 2024 U.S. Dist. LEXIS 104034 (D.P.R. June 7, 2024).*<\/p>\n\n\n\n<p>\u201cDoe also brought a Fourth Amendment claim against Eckerson, but by failing to make a meaningful argument in support of her assertion that this claim should survive, Doe waived any appeal of this issue.\u201d Doe v. Est. of Eckerson, 2024 U.S. App. LEXIS 14227 n.4 (8th Cir. June 12, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The affidavit for a search warrant was redacted and admitted as evidence at trial by agreement. The issue was waived and is subject to plain error review, and it\u2019s not plain error. Even if it was, it was harmless error &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=58103\">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":[124,39,129],"tags":[],"class_list":["post-58103","post","type-post","status-publish","format-standard","hentry","category-admissibility-of-evidence","category-inventory","category-waiver"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58103","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=58103"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58103\/revisions"}],"predecessor-version":[{"id":58104,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58103\/revisions\/58104"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58103"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58103"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58103"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}