{"id":58321,"date":"2024-07-12T22:28:37","date_gmt":"2024-07-13T03:28:37","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58321"},"modified":"2024-07-13T07:30:06","modified_gmt":"2024-07-13T12:30:06","slug":"ca2-failure-to-object-at-sentencing-to-a-suspicionless-search-condition-was-waiver","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58321","title":{"rendered":"CA2: Failure to object at sentencing to a suspicionless search condition was waiver"},"content":{"rendered":"\n<p>Failure to object at sentencing to a suspicionless search condition was waiver. <a href=\"https:\/\/ww3.ca2.uscourts.gov\/decisions\/isysquery\/9348b259-c74e-49a9-b5f2-42096c698434\/18\/doc\/23-6346_so.pdf#xml=https:\/\/ww3.ca2.uscourts.gov\/decisions\/isysquery\/9348b259-c74e-49a9-b5f2-42096c698434\/18\/hilite\/\">United States v. Nash<\/a>, 2024 U.S. App. LEXIS 16547 (2d Cir. July 8, 2024).<\/p>\n\n\n\n<p>Defendant had a hearing on a motion to suppress that went undecided when he decided to plead guilty. The motion was a swearing match based on credibility. He doesn\u2019t show that the motion would likely have been successful had it been ruled on. [How about just finding waiver and be done?] State v. O&#8217;Meara, 2024-Ohio-2602, 2024 Ohio App. LEXIS 2469 (11th Dist. July 8, 2024).*<\/p>\n\n\n\n<p>Defendant had been parked and sitting at a gas pump for seven hours, and the police were called for a wellness check, and that resulted in finding a gun in plain view. United States v. Smith, 2024 U.S. Dist. LEXIS 118787 (D. Md. July 8, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Failure to object at sentencing to a suspicionless search condition was waiver. United States v. Nash, 2024 U.S. App. LEXIS 16547 (2d Cir. July 8, 2024). Defendant had a hearing on a motion to suppress that went undecided when he &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=58321\">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":[74,23,51,58,129],"tags":[],"class_list":["post-58321","post","type-post","status-publish","format-standard","hentry","category-community-caretaking-function","category-ineffective-assistance","category-plain-view","category-probationparole-search","category-waiver"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58321","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=58321"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58321\/revisions"}],"predecessor-version":[{"id":58327,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58321\/revisions\/58327"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58321"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58321"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58321"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}