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CA9: Failure to raise scope of consent was waiver of issue

By John Wesley Hall, Jr.

Failure to raise exceeding scope of consent is a waiver. “We have held on multiple occasions that "just as failure to file a timely motion to suppress evidence constitutes a waiver, so too does a failure to raise a particular ground in support of a motion to suppress." E.g., United States v. Murillo, 288 F.3d 1126, 1135 (9th Cir. 2002).” United States v. Valencia-Reuvelta, 2010 U.S. App. LEXIS 11006 (9th Cir. May 28, 2010) (unpublished).* Defendant agreed to answer further questions during traffic stop. “About then, a second officer with a drug-sniffing dog arrived. Van Buren asked Norwood for permission to search the car. Norwood declined, saying ‘I just want to get home.’ Van Buren told him, ‘Wait right here...continue to full post

Full post as published by Fourth Amendment on May 31, 2010 (boomark / email).