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CA3: Waiver of search claim should be strictly applied

By John Wesley Hall, Jr.

Third Circuit strictly interprets waiver of Fourth Amendment claims for appeal. United States v. Larken, 2008 U.S. App. LEXIS 16546 (3d Cir. August 5, 2008) (not posted on Third Circuit's website or FindLaw as of this posting): All of the suppression issues that Rose raises on appeal are new; he did not raise them before the District Court. We disagree with the contention that Rose raised before the District Court the argument that the warrant, because it did not indicate for which of the offenses listed in the affidavit the magistrate found probable cause, authorized a general search in violation of the First and Fourth Amendments. Rose did not argue this to that Court. Instead, he argued that the warrant permitted a search for various items of evidence that could not be related to any crime, that were protected by the First Amendment, and that contained information of which the Government was already aware...continue to full post

Full post as published by Fourth Amendment on August 07, 2008 (boomark / email).