Category Archives: Waiver

E.D.Okla.: Motion to suppress waived when defense needed the evidence at trial

Defendant originally moved to suppress a search which included a video. Then he decided he needed it at trial, so it was waived. United States v. Savage, 2021 U.S. Dist. LEXIS 250209 (E.D.Okla. Nov. 19, 2021) (see Treatise § 60.19, … Continue reading

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D.Ariz.: Shooting incident 4 days earlier was RS

A shooting incident at a Tucson motel four days earlier led police to stop defendant in a car involved seen on motel video. That was reasonable suspicion. United States v. Castro, 2021 U.S. Dist. LEXIS 249438 (D.Ariz. Dec. 13, 2021).* … Continue reading

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E.D.Mich.: Officers’ versions of arrest and search show two valid versions of why it was valid

The two officers involved in defendant’s stop and search of his person and car had somewhat different versions of what happened. Under either, the search of his person and car were both reasonable. Defendant had no DL which was an … Continue reading

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D.D.C.: New 4A issues in reply brief are normally waived

After a motion to suppress was filed and briefed and the government responded, new issues in the reply brief are usually treated as waived. Here, however, the court will let him proceed on those issues and he can file a … Continue reading

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E.D.Mich.: When SW arrived for house, def’s vehicle parked two doors down could be searched with PC under automobile exception

Officers had a search warrant for defendant’s house that included vehicles that were parked or came there. Defendant’s vehicle was parked two houses down from his house. The search of the vehicle was justified by the automobile exception. United States … Continue reading

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MO: Traffic stop not custodial for Miranda

A traffic stop is not a custodial arrest requiring Miranda warnings. Defendant’s admissions he had drugs wasn’t excludable. State v. Ybarra, 2021 Mo. App. LEXIS 1031 (Nov. 23, 2021). Not objecting to the state offering a search warrant application into … Continue reading

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CA6: “The Fourth Amendment does not require an officer to be right, only to be reasonable.”

As to probable cause: “The Fourth Amendment does not require an officer to be right, only to be reasonable.” Allen v. City of Ecorse, 2021 U.S. App. LEXIS 34348 (6th Cir. Nov. 18, 2021). Defendant’s guilty plea included a comprehensive … Continue reading

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CA3: Merely being on bail isn’t a seizure without serious restrictions

An employment dispute devolved into plaintiff’s arrest for theft of email and a claim of official misconduct. She was acquitted and sued. “Unlike the Appellants in Black or Gallo, Lentz did not experience any significant pretrial restrictions such as extensive … Continue reading

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E.D.Mich.: Laptop computer left in the former marital home for a decade is abandoned

A laptop computer left in the former marital home for a decade is abandoned property. United States v. Hartley, 2021 U.S. Dist. LEXIS 212137 (E.D.Mich. Nov. 3, 2021). Petitioner seeks to bring five claims in a successor habeas petition, and … Continue reading

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CA9 & OR: Merely citing 4A without substantive argument is waiver

“Plaintiffs forfeited their Fourth Amendment qualified immunity arguments because the opening brief makes no legal argument that qualified immunity does not apply, nor is such an argument apparent from Plaintiffs’ factual recitation.” Ramirez v. Zimmerman, 2021 U.S. App. LEXIS 32726 … Continue reading

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D.Del.: Removing cell phone SIM card to find its phone number was not an unreasonable search

Assuming without deciding that removal of a cell phone’s SIM card is a search, it wasn’t unreasonable to merely obtain defendant’s telephone number off it to direct a search warrant to the phone. Defendant also complains of the protective sweep … Continue reading

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S.D.W.Va.: Def’s merely talking to an alleged shooter wasn’t RS

Defendant’s merely talking to an alleged shooter before his interaction with the police was not reasonable suspicion he was armed and dangerous. “The totality of the circumstances here does not support a reasonable suspicion that Defendant was armed and dangerous … Continue reading

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CA9: Retired LEO as civilian employee qualified under collective knowledge

A retired LEO experienced in drug cases who was now a civilian employee of the department could here be included within the collective knowledge doctrine. United States v. McCoy, 2021 U.S. App. LEXIS 30364 (9th Cir. Oct. 12, 2021). Probable … Continue reading

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OH9: ‘A determination that reasonable suspicion exists, however, need not rule out the possibility of innocent conduct. Terry accepts the risk that officers may stop innocent people.’”

“‘A determination that reasonable suspicion exists, however, need not rule out the possibility of innocent conduct. Terry accepts the risk that officers may stop innocent people.’” State v. Kleintop, 2021-Ohio-3584, 2021 Ohio App. LEXIS 3493 (9th Dist. Oct. 6, 2021). … Continue reading

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KY: Stop of a known druggy on the street was without RS

Two officers in two cars pulled up on defendant walking down the street with another known druggy. The officers and defendant knew each other because they’d arrested him before. The trial court did not err in finding this was a … Continue reading

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E.D.N.Y.: 101 day delay in cell phone SW after seizure not 4A violation

The delay between the search and the seizure of defendant’s cell phones seized on his arrest was 101 days long, but, compared to the reduced privacy interest in the phone because of evidentiary value, it was not constitutionally unreasonable. United … Continue reading

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CA7: Untimely filed suppression motion is waived

The three defendants filed untimely motions to suppress under the scheduling order; two were in the days before the trial and the third was during the trial. They were fact intensive and would have required a hearing. “Even on appeal, … Continue reading

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ID: State’s argument on timing of when RS arose changed on appeal, so it’s waived

The trial court invited the state to brief reasonable suspicion for the stop, but it instead relied exclusively on the community caretaking function. It argued below that reasonable suspicion developed after the stop. On appeal, it argued reasonable suspicion justified … Continue reading

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NC: Calling for drug dog right away here didn’t extend time, but the sniff became reasonable by RS otherwise developing

The officer here preemptively called for a drug dog before running the DL information on the occupants. That did not measurably extend the time. After calling for the dog, the officer found out there were warrants on one, and then … Continue reading

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GA: Looking at CP while sitting in a car is PC for the device and car

Defendant was seen in his car looking at child pornography on his cell phone. That gave the police probable cause to enter to seize the phone. They later got a search warrant for it. State v. Palacio-Gregorio, 2021 Ga. App. … Continue reading

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