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TX2: Failure to insist on pretrial hearing on motion to suppress was waiver

By John Wesley Hall, Jr.

Defendant moved to suppress, but he got no hearing on the motion, and then he did not timely object to testimony about the product of the search. The motion was waived, and it was colorable, although pre-Gant. Ratliff v. State, 2010 Tex. App. LEXIS 5629 (Tex. App. – Ft. Worth July 15, 2010).* Defendant was arrested with probable cause where an eyewitness identified him as the offender. United States v. McKnight, 2010 U.S. App. LEXIS 14844, 2010 FED App. 0440N (6th Cir. July 19, 2010) (unpublished).* Defendant was arrested with probable cause where an eyewitness identified him as the gunman, and the officers had found the gun. State v. Basil, 2010 N.J. LEXIS 657 (July 20, 2010).*

Full post as published by Fourth Amendment on July 22, 2010 (boomark / email).