{"id":62374,"date":"2025-11-23T10:54:59","date_gmt":"2025-11-23T15:54:59","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62374"},"modified":"2025-11-23T10:54:59","modified_gmt":"2025-11-23T15:54:59","slug":"md-states-failure-to-litigate-standing-at-suppression-hearing-is-waiver","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=62374","title":{"rendered":"MD: State&#8217;s failure to litigate standing at suppression hearing is waiver"},"content":{"rendered":"\n<p>The state\u2019s failure to litigate standing at the suppression hearing is its waiver. On the merits, the information failed to show probable cause via collective knowledge. Seizure of bloody clothing in a bag in the hallway outside the ER was unreasonable because it was moved there by the police in the first place. Plain view doesn\u2019t apply. <a href=\"https:\/\/www.courts.state.md.us\/data\/opinions\/cosa\/2025\/0101s24.pdf\">Martin v. State<\/a>, 2025 Md. App. LEXIS 1001 (Nov. 21, 2025).<\/p>\n\n\n\n<p>Prolonged detention of a detained immigrant is analyzed under the due process clause, not the Fourth Amendment. Rashid v. Trump, 2025 U.S. Dist. LEXIS 229752 (D. Vt. Oct. 27, 2025).*<\/p>\n\n\n\n<p>The officer here walked up to defendant\u2019s parked car and saw a meth pipe. That was not unlawful. State v. Celaya, 2025-Ohio-5246 (2d Dist. Nov. 21, 2025).*<\/p>\n\n\n\n<p>Defendant was arrested in Kentucky for an Ohio murder. The search of his car in Kentucky was with probable cause and a warrant wasn\u2019t required. The attack on the warrant is moot. State v. Smothers, 2025-Ohio-5250 (1st Dist. Nov. 21, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The state\u2019s failure to litigate standing at the suppression hearing is its waiver. On the merits, the information failed to show probable cause via collective knowledge. Seizure of bloody clothing in a bag in the hallway outside the ER was &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=62374\">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":[36,51,34,129],"tags":[],"class_list":["post-62374","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-plain-view","category-standing","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62374","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=62374"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62374\/revisions"}],"predecessor-version":[{"id":62375,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62374\/revisions\/62375"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62374"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62374"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62374"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}