{"id":31820,"date":"2018-02-15T00:00:56","date_gmt":"2018-02-15T05:00:56","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=31820"},"modified":"2018-02-14T10:57:19","modified_gmt":"2018-02-14T15:57:19","slug":"ny4-scope-of-search-claim-defaulted-by-not-presenting-it-to-trial-court","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=31820","title":{"rendered":"NY4: Scope of search claim defaulted by not presenting it to trial court"},"content":{"rendered":"<p>A facial challenge to a search warrant is a question of law, and no hearing is required. On the application, probable cause was shown along with the CI\u2019s reliability. Defendant\u2019s claim the search exceeded the search warrant is defaulted for failure to raise in the trial court. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2018\/2018_00938.htm\">People v. Navarro<\/a>,  2018 NY Slip Op 00938, 2018 N.Y. App. Div. LEXIS 948 (4th Dept. Feb. 13, 2018).<\/p>\n<p>Which officer was operating a police car\u2019s computer terminal during a traffic stop is really irrelevant to any issue. United States v. Buchheim, 2018 U.S. Dist. LEXIS 23330 (N.D. Iowa Feb. 13, 2018).*<\/p>\n<p>Plaintiff in his indigent \u00a7 1983 case claims the search that led to his arrest was unreasonable, but he pleads no standing to contest the search. In addition, \u201cThe court takes judicial notice of the case action summary for Heiken&#8217;s criminal cases as maintained on the Alabama Trial Court System, hosted at www.alacourt.com. See Keith v. DeKalb Cnty., 749 F.3d 1034, 1041 n.18 (11th Cir. 2014) (holding that a federal court may \u2018take judicial notice of [the State&#8217;s] Online Judicial System\u2019).\u201d That was necessary to ferret out facts of the underlying state case. Heiken v. Meeks, 2018 U.S. Dist. LEXIS 23429 (M.D. Ala. Feb. 13, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A facial challenge to a search warrant is a question of law, and no hearing is required. On the application, probable cause was shown along with the CI\u2019s reliability. Defendant\u2019s claim the search exceeded the search warrant is defaulted for &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=31820\">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":[104,66,34],"tags":[],"class_list":["post-31820","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-burden-of-proof","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31820","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=31820"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31820\/revisions"}],"predecessor-version":[{"id":31821,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31820\/revisions\/31821"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=31820"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=31820"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=31820"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}