{"id":5955,"date":"2012-02-01T15:20:13","date_gmt":"2011-08-29T00:02:32","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-08-27T15:30:50","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5955","title":{"rendered":"MA: State constitution not argued, but, since case is remanded, defendant can do it then"},"content":{"rendered":"

Kentucky v. King was decided while defendant\u2019s case was pending, but he only argued the Fourth Amendment, not the state constitution. He loses his issue of police created exigency, but he gets a remand for other reasons, so he can raise the state constitution on remand. Commonwealth v. Gentle<\/a>, 80 Mass. App. Ct. 243, 952 N.E.2d 426 (2011).*<\/p>\n

The state\u2019s testimony that defendant\u2019s DNA was obtained by search warrant was not an inference that the defendant did not consent where two other suspects did consent. Even if it were potential error, it was harmless here. State v. Hill<\/a>, 801 N.W.2d 646 (Minn. 2011).*<\/p>\n

Defense counsel was not ineffective for not moving to suppress a recorded conversation in the back of a police cruiser since it would have been baseless. Jarnigan v. State<\/a>, 2011 Tenn. Crim. App. LEXIS 662 (August 24, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5955","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5955","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5955"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5955\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5955"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5955"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5955"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}