{"id":48042,"date":"2021-04-09T04:52:33","date_gmt":"2021-04-09T09:52:33","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48042"},"modified":"2021-04-09T04:52:33","modified_gmt":"2021-04-09T09:52:33","slug":"or-state-didnt-develop-its-argument-about-rs-at-the-hearing-and-its-found-waived","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=48042","title":{"rendered":"OR: State didn&#8217;t develop its argument about RS at the hearing, and it&#8217;s found waived"},"content":{"rendered":"\n<p>The state\u2019s justification for inquiries about travel plans isn\u2019t reached on appeal because it wasn\u2019t briefed or even developed below. Instead, the questions about it related only to initial reasonable suspicion. \u201cWe conclude that the record could have developed differently had the state&#8217;s argument been raised in the trial court. The parties could have elicited testimony from McKaig about his purpose when he asked defendant about his travel plans, a topic that was not explored on this record but which is highly relevant to whether the travel question was reasonably related to the traffic investigation.\u201d <a href=\"https:\/\/cdm17027.contentdm.oclc.org\/digital\/collection\/p17027coll5\/id\/28576\/rec\/1\">State v. Mock<\/a>, 310 Ore. App. 454, 2021 Ore. App. LEXIS 463 (Apr. 7, 2021).<\/p>\n\n\n\n<p>There was probable cause because the CI here provided detailed information of his personal observations of drugs at defendant\u2019s place, and the CI was corroborated as much as possible by cell phone records. Defendant\u2019s criminal history of extensive drug trafficking and hand-to-hand transactions also provided a showing a nexus. United States v. Hill, 2021 U.S. Dist. LEXIS 67526 (S.D. Ohio Apr. 7, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The state\u2019s justification for inquiries about travel plans isn\u2019t reached on appeal because it wasn\u2019t briefed or even developed below. Instead, the questions about it related only to initial reasonable suspicion. \u201cWe conclude that the record could have developed differently &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=48042\">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":[44,96,129],"tags":[],"class_list":["post-48042","post","type-post","status-publish","format-standard","hentry","category-informant-hearsay","category-standards-of-review","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48042","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=48042"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48042\/revisions"}],"predecessor-version":[{"id":48043,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48042\/revisions\/48043"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48042"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48042"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48042"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}