{"id":34936,"date":"2018-09-27T16:40:17","date_gmt":"2018-09-27T21:40:17","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=34936"},"modified":"2018-10-02T05:41:26","modified_gmt":"2018-10-02T10:41:26","slug":"ar-argument-that-sw-was-required-not-subpoena-for-text-messages-that-came-day-after-admission-into-evidence-was-waived","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=34936","title":{"rendered":"AR: Argument that SW was required not subpoena for text messages that came day after admission into evidence was waived"},"content":{"rendered":"<p>The defense argument that text messages were obtained by subpoena not search warrant was not preserved for review when the defense waited until the next day to object. Even if it had been preserved, the argument wasn\u2019t fully developed, and the court won\u2019t make the party\u2019s arguments for him. <a href=\"https:\/\/opinions.arcourts.gov\/ark\/supremecourt\/en\/item\/344938\/index.do\">State v. Duck<\/a>, 2018 Ark. 267, 2018 Ark. LEXIS 263 (Sep. 27, 2018). [And if it had been preserved, the state would have won on good faith reliance on lack of binding precedent to the contrary. The murder was 2011 and defendant developed as a suspect in 2013, and that\u2019s when the \u201csearch\u201d occurred.]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The defense argument that text messages were obtained by subpoena not search warrant was not preserved for review when the defense waited until the next day to object. Even if it had been preserved, the argument wasn\u2019t fully developed, and &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=34936\">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],"tags":[],"class_list":["post-34936","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34936","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=34936"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34936\/revisions"}],"predecessor-version":[{"id":34982,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34936\/revisions\/34982"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34936"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=34936"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=34936"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}