CA8: Post-trial assertion of 4A issue was waived

Defendant’s post-trial claim that the tracking warrant used to find him expired three weeks before the arrest was waived by not having been filed pretrial. Even if plain error is applied, “we agree with the district court there was no plain error. Whether the tracking warrants expired when Pickens was arrested, interviewed, and released on October 7 is an issue we do not decide. But it is hardly free from doubt, so any error in not reaching the issue was not plain.” Moreover, he fled from the stop giving independent justification for stopping and arresting him. United States v. Pickens, 2023 U.S. App. LEXIS 1840 (8th Cir. Jan. 25, 2023).

The district court did not err in finding the good faith exception applied. “Our review of the record indicates that, even if the warrant was not supported by probable cause, the affidavit contained sufficient indicia of probable cause such that the investigator’s reliance on the warrant was objectively reasonable.” United States v. Hudson, 2023 U.S. App. LEXIS 1890 (4th Cir. Jan. 25, 2023).*

The denial of appellant’s motion to suppress is affirmed for lack of a record of what happened in the trial court. Jackson v. Commonwealth, 2023 Va. App. LEXIS 51 (Jan. 24, 2023).*

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