{"id":51206,"date":"2022-01-21T03:20:14","date_gmt":"2022-01-21T08:20:14","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51206"},"modified":"2022-01-21T07:37:54","modified_gmt":"2022-01-21T12:37:54","slug":"mo-trial-courts-credibility-findings-on-search-incident-of-backpack-was-binding-on-appeal","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51206","title":{"rendered":"MO: Trial court&#8217;s credibility findings on search incident of backpack was binding on appeal"},"content":{"rendered":"\n<p>The trial court suppressed the search of defendant\u2019s backpack as incident to his arrest. The trial court heard conflicting testimony on whether it was within his reach, and concluded it was not. That\u2019s binding on the standard of review. <a href=\"https:\/\/www.courts.mo.gov\/file.jsp?id=183613\">State v. Branson<\/a>, 2022 Mo. App. LEXIS 21 (Jan. 18, 2022).<\/p>\n\n\n\n<p>\u201cDefendants contend that the magistrate judge improperly relied on the officers smelling marijuana and Perez&#8217;s hasty exit from the vehicle in concluding that reasonable suspicion justified their investigatory detention.\u201d They contend that\u2019s not reasonable suspicion, but it is. United States v. Jocktane, 2022 U.S. Dist. LEXIS 9950 (M.D.Pa. Jan. 19, 2022).*<\/p>\n\n\n\n<p>Google transferred suspected child pornography in files to NCMEC, and this was a private search. United States v. Eley, 2022 U.S. Dist. LEXIS 10387 (D.Nev. Jan. 20, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The trial court suppressed the search of defendant\u2019s backpack as incident to his arrest. The trial court heard conflicting testimony on whether it was within his reach, and concluded it was not. That\u2019s binding on the standard of review. State &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=51206\">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":[43,35,96],"tags":[],"class_list":["post-51206","post","type-post","status-publish","format-standard","hentry","category-private-search","category-reasonable-suspicion","category-standards-of-review"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51206","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=51206"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51206\/revisions"}],"predecessor-version":[{"id":51212,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51206\/revisions\/51212"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51206"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51206"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51206"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}