Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA8: Inspecific motion to suppress properly denied

By John Wesley Hall, Jr.

Inspecific motion to suppress that was denied after a hearing was properly denied becuase the district court could not be expected to rule on an issue that was not specifically addressed to it (here, opening a container). United States v. Spotted Elk, 2008 U.S. App. LEXIS 24202 (8th Cir. November 26, 2008): Federal Rule of Criminal Procedure 12(b)(3)(C) and (e) provides that motions to suppress evidence must be raised before trial or are waived, and the waiver provision "applies not only to the failure to make a pretrial motion, but also to the failure to include a particular argument in the motion." United States v. Barajas-Chavez, 358 F.3d 1263, 1266-67 (10th Cir. 2004) (internal quotation marks omitted); see generally 1A Charles Alan Wright & Andrew D...continue to full post

Full post as published by Fourth Amendment on November 29, 2008 (boomark / email).