{"id":54644,"date":"2023-04-01T08:47:51","date_gmt":"2023-04-01T13:47:51","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54644"},"modified":"2023-04-01T08:58:38","modified_gmt":"2023-04-01T13:58:38","slug":"e-d-n-y-not-responding-to-govts-4a-response-brief-amounts-to-waiver","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=54644","title":{"rendered":"E.D.N.Y.: Not responding to govt&#8217;s 4A response brief amounts to waiver"},"content":{"rendered":"\n<p>Not responding to the Fourth Amendment issues in post-hearing briefing was waiver. Defendant loses on the merits anyway. Defendant retrieved sham cocaine (replaced by CBP) in the avionics compartment of an American Airlines plane. He consented to the search of his cellphone. United States v. Belloisi, 2023 U.S. Dist. LEXIS 55549 (E.D.N.Y. Mar. 30, 2023).<\/p>\n\n\n\n<p>The CI involved in setting up a controlled buy who was surveilled was probable cause for this warrant. \u201cAdditionally, the information that the cooperating defendant supplied to law enforcement suggested that she had knowledge of Lepenn&#8217;s activities.\u201d State v. Lepenn, 2023 ME 22 (Mar. 29, 2023).*<\/p>\n\n\n\n<p>A 911 called about a person having a seizure and likely overdosing then finding defendant where she said doing just that was reasonable suspicion. United States v. Hardesty, 2023 U.S. App. LEXIS 7556 (4th Cir. Mar. 30, 2023).*<\/p>\n\n\n\n<p>Defendant\u2019s effort to file a successor state post-conviction petition to plead a state constitutional claim rather than a Fourth Amendment claim fails. He would lose in any event and the court declines to go there. People v. Erwin, 2023 IL App (1st) 200936 (Mar. 31, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Not responding to the Fourth Amendment issues in post-hearing briefing was waiver. Defendant loses on the merits anyway. Defendant retrieved sham cocaine (replaced by CBP) in the avionics compartment of an American Airlines plane. He consented to the search of &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=54644\">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":[44,35,53,129],"tags":[],"class_list":["post-54644","post","type-post","status-publish","format-standard","hentry","category-informant-hearsay","category-reasonable-suspicion","category-state-constitution","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54644","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=54644"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54644\/revisions"}],"predecessor-version":[{"id":54648,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54644\/revisions\/54648"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54644"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54644"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54644"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}