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Criminal Law

: Fourth Amendment

NM: Not arguing CI reliability waived issue for appeal

By John Wesley Hall, Jr.

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The reliability of the CI for defendant’ stop was virtually admitted at the suppression hearing, so defendant did not preserve the issue for appeal. The 15-20 minute wait for a drug dog was not unreasonable under the totality of the information that the officers had. State v. Martinez, 2010 NMCA 51, 2010 N.M. App. LEXIS 65 (March 23, 2010), Certiorari Denied, May 5, 2010, No. 32,318.* The District Court’s decision is supported by the record. “Further, although a surveillance video on the police car does not clearly show that Gonzalez's truck crossed the fog line, it does not contradict Dunn's testimony that the truck did cross the fog line.” United States v. Gonzalez, 2010 U.S. App. LEXIS 12828 (11th Cir. June 22, 2010) (unpublished)...continue to full post

Full post as published by Fourth Amendment on June 24, 2010 (boomark / email).

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