{"id":57574,"date":"2024-04-10T14:15:58","date_gmt":"2024-04-10T19:15:58","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57574"},"modified":"2024-04-10T14:15:58","modified_gmt":"2024-04-10T19:15:58","slug":"wa-failure-to-argue-the-state-constitution-to-the-trial-court-waived-reliance-on-it-on-appeal","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57574","title":{"rendered":"WA: Failure to argue the state constitution to the trial court waived reliance on it on appeal"},"content":{"rendered":"\n<p>Failure to argue the state constitution to the trial court waived reliance on it on appeal. <a href=\"https:\/\/www.courts.wa.gov\/opinions\/pdf\/840541orderandopinion.pdf\">State v. Troutman<\/a>, 2024 Wash. App. LEXIS 672 (Apr. 8, 2024).<\/p>\n\n\n\n<p>There was reasonable suspicion for lengthening this detention from the fact the LPN didn\u2019t match the vehicle and defendant had $5000 in cash on him. It created a reasonable inference that the vehicle was going to be used for a crime. United States v. Larche, 2024 U.S. App. LEXIS 8344 (11th Cir. Apr. 8, 2024).* [And that\u2019s really thin.]<\/p>\n\n\n\n<p>Defendant went along with a search warrant to take his DNA. \u201cSergeant Brown was present when MPD officer Robert Herring collected Defendant&#8217;s DNA through buccal swabs. Sergeant Brown described Defendant as calm at first but then he got irate, hostile, and \u2018started screaming. He started attempting to push the panic alarm \u2026 inside of the interview room and started reaching for the computer[.]\u2019 The officers were able to collect the swabs, and Sergeant Brown affirmed that he left a copy of the search warrant with Defendant.\u201d (The opinion doesn\u2019t say that this testimony was objected to.) State v. Givens, 2024 Tenn. Crim. App. LEXIS 140 (Apr. 8, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Failure to argue the state constitution to the trial court waived reliance on it on appeal. State v. Troutman, 2024 Wash. App. LEXIS 672 (Apr. 8, 2024). There was reasonable suspicion for lengthening this detention from the fact the LPN &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=57574\">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":[57,35,53,129],"tags":[],"class_list":["post-57574","post","type-post","status-publish","format-standard","hentry","category-dna","category-reasonable-suspicion","category-state-constitution","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57574","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=57574"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57574\/revisions"}],"predecessor-version":[{"id":57575,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57574\/revisions\/57575"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57574"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57574"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57574"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}