{"id":16744,"date":"2015-04-13T00:30:50","date_gmt":"2015-04-13T05:30:50","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=16744"},"modified":"2015-04-12T16:31:58","modified_gmt":"2015-04-12T21:31:58","slug":"ia-failure-to-cite-state-constitution-to-trial-court-was-a-waiver","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=16744","title":{"rendered":"IA: Failure to cite state constitution to trial court was a waiver"},"content":{"rendered":"<p>A state wildlife officer approached defendant at a boat ramp during ice fishing season. No lights; car not blocked or pulled over. It was not a \u201cstop.\u201d The officer approached only to see if defendant had a fishing license, and he discerned defendant was under the influence, and thus, there was reasonable suspicion of DWI. State constitutional argument not preserved where it was not cited to the trial court. <a href=\"http:\/\/www.iowacourts.gov\/About_the_Courts\/Court_of_Appeals\/Court_of_Appeals_Opinions\/Recent_Opinions\/20150408\/13-2069.pdf\">State v. Bryan<\/a>, 2015 Iowa App. LEXIS 304 (April 8, 2015).<\/p>\n<p>There was probable cause for the search warrant for defendant\u2019s house after wiretaps. The alleged Franks violation wasn\u2019t material to the probable cause finding, so that fails. United States v. Pamatmat, 2015 U.S. Dist. LEXIS 46301 (E.D. Mich. April 9, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A state wildlife officer approached defendant at a boat ramp during ice fishing season. No lights; car not blocked or pulled over. It was not a \u201cstop.\u201d The officer approached only to see if defendant had a fishing license, and &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=16744\">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":[21,53],"tags":[],"class_list":["post-16744","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-state-constitution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16744","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=16744"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16744\/revisions"}],"predecessor-version":[{"id":16745,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16744\/revisions\/16745"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16744"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16744"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16744"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}