ID: Pleading only state constitution waived 4A

Defendant’s pleading only the state constitution waived the Fourth Amendment claim. State v. Bell, 2023 Ida. LEXIS 95 (Aug. 15, 2023).

Defendant complained trial counsel was ineffective for not challenging a search of house that was allegedly burglarized and defendant’s DNA was found inside linking him to the crime. Defense counsel ultimately concluded that defendant could not prevail. (The appellate court doesn’t even mention standing, but that would have been the cleaner way to decide it: no standing in a place one burglarizes.) McCoy v. State, 2023 Tenn. Crim. App. LEXIS 298 (Aug. 15, 2023).*

The CI made admissions against penal interest. “And the controlled buys provided more than enough corroboration to render CI’s statements sufficient to establish probable cause.” United States v. Sylvestre, 2023 U.S. App. LEXIS 21288 (1st Cir. Aug. 15, 2023).*

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