Defendant moved to suppress something he threw away in flight from the police, and the trial court granted it. On appeal, he confesses error that it was abandoned. Reversed. State v. Howard, 2024 Fla. App. LEXIS 9246 (Fla. 6th DCA Nov. 27, 2024).* [I would love to see the discussion on remand, maybe something like:”So you filed this motion to suppress; convinced me to grant it; and then backed up on it on appeal? Why should I believe you the next time you file a motion to suppress?”]<\/p>\n\n\n\n
Defendant\u2019s gun was found in his flight path attempting to avoid being stopped. There was thus no reasonable expectation of privacy. On \u201cfour corners review\u201d of the search warrant, there was plenty of probable cause. United States v. Berry, 2024 U.S. Dist. LEXIS 215238 (D. Minn. Oct. 17, 2024).*<\/p>\n\n\n\n
Defense counsel wasn\u2019t ineffective for not moving to suppress the cell phone data search, and it didn\u2019t matter anyway. Other evidence put defendant at the scene of the crime. Bradley v. Taskila, 2024 U.S. Dist. LEXIS 215271 (E.D. Mich. Nov. 26, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant moved to suppress something he threw away in flight from the police, and the trial court granted it. On appeal, he confesses error that it was abandoned. Reversed. State v. Howard, 2024 Fla. App. LEXIS 9246 (Fla. 6th DCA … Continue reading