FL4: Police use of a flashlight isn’t itself a search

“R.F. appeals the denial of his motion to suppress physical evidence. Because we conclude appellant was not seized for Fourth Amendment purposes where the deputy used a spotlight and a flashlight to illuminate his approach of appellant, we affirm the denial of the motion to suppress.” R.F. v. State, 2020 Fla. App. LEXIS 15351 (Fla. 4th DCA Oct. 28, 2020).

Pleading guilty after the suppression hearing but before decision is a waiver of the motion. People v. Burks, 2020 NY Slip Op 06172, 2020 N.Y. App. Div. LEXIS 6382 (3d Dept. Oct. 29, 2020).*

“Here, the search warrant, which authorized a search of the defendant’s home for a gun, was predicated on a confidential informant’s personal observation of the defendant holding a gun outside his home, then going inside his home, and returning outside without it.” That’s probable cause. People v. Williams, 2020 NY Slip Op 06157, 2020 N.Y. App. Div. LEXIS 6311 (2d Dept. Oct. 28, 2020).*

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