{"id":50708,"date":"2021-12-11T05:41:48","date_gmt":"2021-12-11T10:41:48","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50708"},"modified":"2021-12-11T09:53:00","modified_gmt":"2021-12-11T14:53:00","slug":"de-mere-citation-of-a-case-in-motion-to-suppress-didnt-put-state-and-court-on-notice-as-to-other-issues","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50708","title":{"rendered":"DE: Mere citation of a case in motion to suppress didn&#8217;t put state and court on notice as to other issues"},"content":{"rendered":"\n<p>Defendant\u2019s citation of a case in his motion to suppress that was on point to only one issue but not the others was insufficient to put the state and court on notice as to the others. <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=327220\">State v. Hollar<\/a>, 2021 Del. Super. LEXIS 694 (Dec. 7, 2021):<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>Therefore, although Defendant is correct in his assertion that Roundtree addresses the issue of the proper scope of a protective sweep, the case says nothing about (1) establishing the requisite nexus between Defendant&#8217;s alleged illegal behavior and the place to be searched pursuant to a search warrant, or (2) the proper time frame for executing a Rule 9 warrant&#8211;both of which were raised by Defendant in his Amended Motion. The other cases cited in Defendant&#8217;s singular footnote also fail to address these issues.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s citation of a case in his motion to suppress that was on point to only one issue but not the others was insufficient to put the state and court on notice as to the others. State v. Hollar, 2021 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=50708\">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":[104,6],"tags":[],"class_list":["post-50708","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-motion-to-suppress"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50708","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=50708"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50708\/revisions"}],"predecessor-version":[{"id":50731,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50708\/revisions\/50731"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50708"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50708"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50708"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}