{"id":61062,"date":"2025-05-16T09:16:07","date_gmt":"2025-05-16T14:16:07","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61062"},"modified":"2025-05-16T09:16:07","modified_gmt":"2025-05-16T14:16:07","slug":"ny3-judge-who-issued-sw-not-barred-from-handling-trial","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61062","title":{"rendered":"NY3: Judge who issued SW not barred from handling trial"},"content":{"rendered":"\n<p>Defendant\u2019s claim that the judge issuing the search warrant couldn\u2019t preside at the trial was not preserved because there was no objection. It would have failed anyway. <a href=\"https:\/\/www.nycourts.gov\/reporter\/3dseries\/2025\/2025_02973.htm\">People v Coston<\/a>, 2025 N.Y. App. Div. LEXIS 3046 (3d Dept. May 15, 2025).<\/p>\n\n\n\n<p>Defendant was stopped for an obscured LPN. The officer could smell marijuana. Defendant didn\u2019t properly identify himself. The stop and detention were valid. Adams v. State, 2025 Tex. App. LEXIS 3349 (Tex. App. \u2013 Ft. Worth May 15, 2025).*<\/p>\n\n\n\n<p>Defendant didn\u2019t preserve the issue whether the drug dog trespassed into the open window of the vehicle. Jackson v. State, 2025 Tex. App. LEXIS 3364 (Tex. App. \u2013 Ft. Worth May 15, 2025).*<\/p>\n\n\n\n<p>The officer had reasonable suspicion to prolong this stop. While the story given about travel plans was reasonable, defendant\u2019s hesitations, nervousness, and failing to get his papers supported reasonable suspicion. United States v. Penman-Keever, 2025 U.S. Dist. LEXIS 93312 (S.D. Ill. May 15, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s claim that the judge issuing the search warrant couldn\u2019t preside at the trial was not preserved because there was no objection. It would have failed anyway. People v Coston, 2025 N.Y. App. Div. LEXIS 3046 (3d Dept. May 15, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=61062\">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":[27,91,51,35,129],"tags":[],"class_list":["post-61062","post","type-post","status-publish","format-standard","hentry","category-dog-sniff","category-neutral-and-detached-magistrate","category-plain-view","category-reasonable-suspicion","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61062","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=61062"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61062\/revisions"}],"predecessor-version":[{"id":61063,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61062\/revisions\/61063"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61062"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61062"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61062"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}