{"id":856,"date":"2008-02-03T14:07:33","date_gmt":"2007-03-18T09:30:05","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-03-18T09:30:05","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=856","title":{"rendered":"Texas applies Hudson<\/em> and does not even consider the merits of a no-knock issue"},"content":{"rendered":"

Texas dodges the merits of a no-knock warrant issue and simply follows Hudson<\/em> and holds that it would not suppress anyway. State v. Callaghan, 222 S.W.3d 610 (Tex. App. \u2014 Houston (14th Dist.) 2007).<\/p>\n

Failure to controvert the state’s response to a suppression motion with an affidavit means no hearing and it is denied. Matter of M.A.R., 2007 NY Slip Op 27108, 15 Misc. 3d 784, 832 N.Y.S.2d 794 (Nassau Co. 2007).*<\/p>\n

There is no expectation of privacy in a call from a jail where both parties hear a recorded message that the call may be monitored. She talked about making meth “drops,” and law enforcement was alerted and was waiting for her. State v. Dickey, 2007 Ohio 1180, 2007 Ohio App. LEXIS 1092 (2d Dist. March 16, 2007).*<\/p>\n

There was cause for defendant’s stop when he was speeding. When asked about drinking, he first said he had one beer then later said five, and there was an open beer can sitting in the back seat. State v. Marcinko, 2007 Ohio 1166, 2007 Ohio App. LEXIS 1113 (4th Dist. March 2, 2007).*<\/p>\n

Officer pulled over defendant because he was known to have been with a burglary suspect earlier. When stopped, the defendant was excessively nervous and apparently under the influence. There was cause for continuation as a DUI stop. State v. Hogue, 2007 UT App 86, 157 P.3d 826, 573 Utah Adv. Rep. 15 (2007).*<\/p>\n

Defendant was stopped for speeding and the officer discovered that his driver’s license was suspended. He asked the defendant to get out of the car, and he did and locked it. He consented to a search (the officer said he was looking for an open container, since there was a shot glass on the console), and the officer saw child porn in the backseat. The search was legal. State v. Bons, 2007 WI App 124, 301 Wis. 2d 227, 731 N.W.2d 367 (2007).*<\/p>\n

In that same case, the appellant’s attorney was sanctioned for not providing in the appendix the trial court’s rationale for the decision, thereby imposing on the appeals court panel the burden of looking it up. Id.<\/em>* The concurring judges complain about finding out about these issues after dispersing to go home between sessions, thereby delaying resolution of the case, acting like there is no such thing at the court like fax machines or .pdf files and law clerks to look it up for them and fax or e-mail it. (Comment:<\/em> In my state, they just default the issue and make the appellant pursue post-conviction relief against appellate counsel, which takes about two years from filing to decision on appeal. My view is that it is easier for an appellate judge to find default rather than do his or her job, even though it leads to great expense to the taxpayers and parties to relitigate the issue in post-conviction. They know I feel that way because I have put it in briefs before where I have to argue around a procedural default issue that it wastes everybody’s time and money because judges are too lazy to walk down the hall and look at the record, a clear instance of form over matter. Is my honesty going to win me any friends on the court in pointing out their folly? I never had any.)<\/p>\n","protected":false},"excerpt":{"rendered":"

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