{"id":12549,"date":"2014-07-16T05:14:50","date_gmt":"2014-07-16T10:14:50","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12549"},"modified":"2014-08-15T10:05:52","modified_gmt":"2014-08-15T15:05:52","slug":"ma-states-rs-argument-wasnt-made-to-trial-court-so-it-cant-be-made-on-appeal","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=12549","title":{"rendered":"MA: State&#8217;s RS argument wasn&#8217;t made to trial court, so it can&#8217;t be made on appeal"},"content":{"rendered":"<p>The state\u2019s reasonable suspicion argument that officers were concerned for officer safety at the time of the search was not made in the trial court, so it can\u2019t be made on appeal. <a href=\"http:\/\/www.mass.gov\/courts\/docs\/sjc\/reporter-of-decisions\/new-opinions\/11440.pdf\">Commonwealth v. Jordan<\/a>, 469 Mass. 134, 12 N.E.3d 371 (2014).<\/p>\n<p>Defendant\u2019s consent was to search his house for drugs and weapons. Officers were already in his house to arrest him for a drug trafficking conspiracy, and they could seize \u201cnotepads that appeared to be drug ledgers, plastic bags, and the $50,000 in U.S. currency.\u201d They couldn\u2019t just be expected to ignore them. <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201314475.pdf\">United States v. Jaimez<\/a>, 2014 U.S. App. LEXIS 13363 (11th Cir. July 11, 2014).*<\/p>\n<p>The officer already had reasonable suspicion when he told defendant to interlace his fingers behind his head for a frisk. Then defendant fled. United States v. Thorne, 2014 U.S. Dist. LEXIS 95431 (E.D. Mo. June 20, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The state\u2019s reasonable suspicion argument that officers were concerned for officer safety at the time of the search was not made in the trial court, so it can\u2019t be made on appeal. Commonwealth v. Jordan, 469 Mass. 134, 12 N.E.3d &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=12549\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,35,59],"tags":[],"class_list":["post-12549","post","type-post","status-publish","format-standard","hentry","category-consent","category-reasonable-suspicion","category-scope-of-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12549","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12549"}],"version-history":[{"count":5,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12549\/revisions"}],"predecessor-version":[{"id":12934,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12549\/revisions\/12934"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12549"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12549"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12549"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}