{"id":21698,"date":"2016-04-16T00:08:10","date_gmt":"2016-04-16T05:08:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=21698"},"modified":"2016-04-15T16:48:29","modified_gmt":"2016-04-15T21:48:29","slug":"pa-trial-court-abused-discretion-in-reopening-twice-reversed-suppression-order-for-third-hearing-no-change-in-law","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=21698","title":{"rendered":"PA: Trial court abused discretion in reopening twice reversed suppression order for third hearing; no change in law"},"content":{"rendered":"<p>\u201cTherefore, because the Jones decision did not present an intervening change in the law, we conclude the trial court abused its discretion in re-opening Sodomsky&#8217;s suppression hearing for the second time after its two prior suppression orders were reversed by this Court on appeal. Indeed, Sodomsky is not entitled to &#8220;three bites&#8221; of the proverbial suppression apple.\u201d Jones had no application to defendant\u2019s computer search issue. <a href=\"http:\/\/www.pacourts.us\/assets\/opinions\/Superior\/out\/J-E01008-16o%20-%201026175786826261.pdf?cb=1\">Commonwealth v. Sodomsky<\/a>, 2016 PA Super 84, 2016 Pa. Super. LEXIS 223 (April 12, 2016).<\/p>\n<p>The independent source doctrine supported the validity of the search warrant in this case. Police were on the premises and waiting for a warrant to arrive, and they did make observations and took photographs. None., however, was involved in the obtaining of the warrant. <a href=\"http:\/\/www.jud.state.ct.us\/external\/supapp\/Cases\/AROap\/AP164\/164AP237.pdf\">State v. Bardales<\/a>, 2016 Conn. App. LEXIS 156 (April 19, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cTherefore, because the Jones decision did not present an intervening change in the law, we conclude the trial court abused its discretion in re-opening Sodomsky&#8217;s suppression hearing for the second time after its two prior suppression orders were reversed by &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=21698\">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":[66,12],"tags":[],"class_list":["post-21698","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-computer-searches"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21698","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=21698"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21698\/revisions"}],"predecessor-version":[{"id":21699,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21698\/revisions\/21699"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21698"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21698"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21698"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}