{"id":38066,"date":"2019-06-10T06:11:18","date_gmt":"2019-06-10T11:11:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=38066"},"modified":"2019-06-10T09:26:55","modified_gmt":"2019-06-10T14:26:55","slug":"ak-cant-argue-one-4a-theory-to-trial-court-and-another-to-appellat-court","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=38066","title":{"rendered":"AK: Can&#8217;t argue one 4A theory to trial court and another to appellate court"},"content":{"rendered":"<p>In the trial court, defendant argued that the seizure of his clothing in a hospital room was not a valid plain view. On appeal, however, he argues that entry into the hospital room itself was unreasonable. One can\u2019t change the argument between the trial court and the appeals court, so that argument was waived. <a href=\"https:\/\/appellate-records.courts.alaska.gov\/CMSPublic\/UserControl\/OpenOpinionDocument?docNumber=2646&#038;caseNumber=A12294&#038;opinionType=OP\">Anderson v. State<\/a>, 2019 Alas. App. LEXIS 74 (June 7, 2019).<\/p>\n<p>\u201cHaving read the Affidavit as a whole in a realistic and common sense manner, the Court finds that substantial evidence supports the issuing judge&#8217;s determination of probable cause and, thus, defers to that conclusion.\u201d The fact the trash pick up was Wednesday and was out for days didn\u2019t prohibit the police from getting it on Monday. United States v. Carswell, 2019 U.S. Dist. LEXIS 93753 (N.D. Ind. June 4, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In the trial court, defendant argued that the seizure of his clothing in a hospital room was not a valid plain view. On appeal, however, he argues that entry into the hospital room itself was unreasonable. One can\u2019t change the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=38066\">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":[20,96],"tags":[],"class_list":["post-38066","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-standards-of-review"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38066","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=38066"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38066\/revisions"}],"predecessor-version":[{"id":38078,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38066\/revisions\/38078"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=38066"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=38066"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=38066"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}