{"id":39740,"date":"2019-09-18T21:08:40","date_gmt":"2019-09-19T02:08:40","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39740"},"modified":"2019-09-19T07:17:57","modified_gmt":"2019-09-19T12:17:57","slug":"sd-defs-search-issue-on-appeal-wasnt-presented-to-the-trial-court-so-its-waived","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39740","title":{"rendered":"SD: Def&#8217;s search issue on appeal wasn&#8217;t presented to the trial court, so it&#8217;s waived"},"content":{"rendered":"<p>Defendant&#8217;s claim that evidence discovering during a traffic stop had to be suppressed because the duration of the stop was unlawful was waived because he failed to advance that argument before the trial court. <a href=\"https:\/\/ujs.sd.gov\/uploads\/sc\/opinions\/28584sivomte.pdf\">State v. Willingham<\/a>, 2019 SD 55, 2019 S.D. LEXIS 83  (Sept. 11, 2019).*<\/p>\n<p>The drug officer\u2019s observation of an apparent team of drug dealers working together engaged in drug transactions was probable cause. The search of defendant\u2019s person was immediate, but it was a valid search incident. United States v. Reese, 2019 U.S. Dist. LEXIS 157252 (D. Colo. Sept. 16, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant&#8217;s claim that evidence discovering during a traffic stop had to be suppressed because the duration of the stop was unlawful was waived because he failed to advance that argument before the trial court. State v. Willingham, 2019 SD 55, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39740\">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":[104,66,26],"tags":[],"class_list":["post-39740","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-burden-of-proof","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39740","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=39740"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39740\/revisions"}],"predecessor-version":[{"id":39754,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39740\/revisions\/39754"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39740"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39740"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39740"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}