{"id":51420,"date":"2022-02-04T06:27:00","date_gmt":"2022-02-04T11:27:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51420"},"modified":"2022-02-04T10:09:51","modified_gmt":"2022-02-04T15:09:51","slug":"oh4-that-stop-was-with-rs-isnt-arguing-that-it-was-continued-with-rs-and-thats-waiver","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51420","title":{"rendered":"OH4: That stop was with RS isn&#8217;t arguing that it was <em>continued<\/em> with RS, and that&#8217;s waiver"},"content":{"rendered":"\n<p>Defendant started with the argument that the stop lacked reasonable suspicion, but he did not argue that the stop was continued with reasonable suspicion until the appeal. Failure to raise it that way in the trial court was waiver. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/4\/2022\/2022-Ohio-287.pdf\">State v. Meadows<\/a>, 2022-Ohio-287, 2022 Ohio App. LEXIS 254 (4th Dist. Jan. 31, 2022).<\/p>\n\n\n\n<p>Defense counsel wasn\u2019t ineffective for not further pursuing his Franks claim. \u201cGiven that the Franks issue had already been thoroughly argued by Mr. Smith and found meritless by two judges, it was not unreasonable for Mr. Ovsiovitch to decide it was a relatively weak claim that was not worth pursuing.\u201d Ferdandes v. United States, 2022 U.S. Dist. LEXIS 18893 (W.D.N.Y. Feb. 1, 2022).*<\/p>\n\n\n\n<p>Defendant\u2019s guilty plea waived his Fourth Amendment challenge on appeal. <a href=\"https:\/\/www.ca4.uscourts.gov\/opinions\/194070.U.pdf\">United States v. Alston<\/a>, 2022 U.S. App. LEXIS 3041 (4th Cir. Feb. 2, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant started with the argument that the stop lacked reasonable suspicion, but he did not argue that the stop was continued with reasonable suspicion until the appeal. Failure to raise it that way in the trial court was waiver. State &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=51420\">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":[104,21,129],"tags":[],"class_list":["post-51420","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-franks-doctrine","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51420","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=51420"}],"version-history":[{"count":5,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51420\/revisions"}],"predecessor-version":[{"id":51436,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51420\/revisions\/51436"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51420"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51420"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51420"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}