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IN: Co-defendant's prevailing in a suppression motion did not help defendant where there was no record provided to show that the issues were the same

By John Wesley Hall, Jr.

Nonmutual collateral estoppel did not apply to defendant's case where his co-defendant won a motion to suppress after defendant's was denied. Because of a lack of record or findings of fact and conclusions of law from the other proceeding, nonmutual collateral estoppel apply to defendant motion. Perez-Grahovac v. State, 2008 Ind. App. LEXIS 2156 (October 2, 2008).* Defendant's answers to basic questions during his traffic stop gave the officer reasonable suspicion for a further detention. People v. McCarley, 2008 NY Slip Op 7455, 2008 N.Y. App. Div. LEXIS 7216 (4th Dept. October 3, 2008).* Defendant who stayed some at the place searched and actually got some mail there had an expectation of privacy in the premises. Commonwealth v. Bostick, 2008 PA Super 233, 2008 Pa...continue to full post

Full post as published by Fourth Amendment on October 06, 2008 (boomark / email).