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Lack of standing could be raised by the state after suppression was denied on the merits and evidence offered at trial

By John Wesley Hall, Jr.

Standing was not litigated during the suppression hearing, but, when the evidence was offered in the state's case in chief, the defendant objected again, and state argued the defendant lacked standing and the defendant had no evidence of standing, and the trial court agreed with the state. The question of admissibility of evidece is open until the trial. Gregory v. State, 2008 Ind. App. LEXIS 1149 (May 5, 2008).* Use of force against an autistic man who was resisting was not excessive. Plaintiff also received medical treatment right away. Cooper v. Worsham, 2008 U.S. Dist. LEXIS 41191 (W.D. Ky. May 22, 2008).* Officer had sufficient probable cause for plaintiff's arrest despite claim that the officer falsified the serial number on a $20 bill in his report to justify the arrest...continue to full post

Full post as published by Fourth Amendment on May 28, 2008 (boomark / email).