{"id":35632,"date":"2018-12-02T12:11:35","date_gmt":"2018-12-02T17:11:35","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=35632"},"modified":"2018-12-02T12:11:35","modified_gmt":"2018-12-02T17:11:35","slug":"e-d-n-c-trial-objection-was-5a-and-miranda-4a-claim-waived-and-cant-be-raised-post-trial","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=35632","title":{"rendered":"E.D.N.C.: Trial objection was 5A and <em>Miranda<\/em>; 4A claim waived and can&#8217;t be raised post-trial"},"content":{"rendered":"<p>Defendant\u2019s trial objection was based on Miranda and the Fifth Amendment. No Fourth Amendment claim was made so it is waived and post trial briefing is too late. United States v. Horton, 2018 U.S. Dist. LEXIS 201898 (E.D. N.C. Nov. 29, 2018).<\/p>\n<p>Reasonable suspicion for a patdown: \u201c(1) the location of the stopped vehicle was near a high-crime area; (2) the stop was conducted in the early morning hours after over-night surveillance of a location where &#8220;short-term&#8221; drug trafficking activity was prevalent and where suspicious activity of an over-night move was taking place; (3) Officer Marah knew that Defendant Yackel had been involved with drug sales and assault charges in the past; (4) the passenger in the vehicle (Olson) was a person wanted on several warrants and who was &#8220;highly involved in criminal activity, particularly stolen vehicles and narcotics&#8221; &#8230;; (5) the vehicle was registered to someone else; and (6) when Officer Marah approached the driver&#8217;s side of the vehicle, Yackel was \u2018breathing very heavy, his hands were shaking and &#8230; [he] was visibly nervous.\u2019\u201d United States v. Yackel, 2018 U.S. Dist. LEXIS 201991 (D. Minn. Nov. 29, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s trial objection was based on Miranda and the Fifth Amendment. No Fourth Amendment claim was made so it is waived and post trial briefing is too late. United States v. Horton, 2018 U.S. Dist. LEXIS 201898 (E.D. N.C. Nov. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=35632\">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":[35,96],"tags":[],"class_list":["post-35632","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-standards-of-review"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35632","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=35632"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35632\/revisions"}],"predecessor-version":[{"id":35633,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35632\/revisions\/35633"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=35632"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=35632"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=35632"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}