CA9: Neighbor’s video of SWAT team arrival for search was properly excluded at trial for confusion of issues

Defendant’s neighbor recorded the SWAT team arrival and participating in the execution of the search warrant from outside the house. Defendant’s offer of the video at trial was rejected. “Permitting the jury to see that the police who were executing the search warrant were heavily armed would likely have confused the jury concerning the actual issues in the case and would have created a trial within a trial, leading to undue delay.” [F.R.E. 403] There was cross-examination about some of it. United States v. Washington, 2022 U.S. App. LEXIS 6961 (9th Cir. Mar. 17, 2022) (as an outsider, why would the defense imply that the police considered him that dangerous? Just saying.)

Defendant’s car was stopped for driving with the passenger door open. A frisk occurred, and plain feel supported the seizure. State v. Kent, 2022-Ohio-834, 2022 Ohio App. LEXIS 746 (8th Dist. Mar. 17, 2022).*

2255 petitioner’s claim that defense counsel was deficient for not having pursued a lack of probable cause is denied because there was probable cause. United States v. Garcia, 2022 U.S. Dist. LEXIS 46247 (E.D.Mich. Mar. 15, 2022).*

This entry was posted in Admissibility of evidence, Plain view, feel, smell, Warrant execution. Bookmark the permalink.

Comments are closed.