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S.D.Ohio: Raising a new suppression issue in a motion to reconsider denied; it was waived by not being raised in motion

By John Wesley Hall, Jr.

Defendant filed a motion to reconsider denial of a motion to suppress because of (1) new documentary evidence, and (2) deciding to challenge consent. The first is granted, but the second denied. The issue of consent was expressly waived in the initial motion and can’t be asserted on a motion to reconsider. United States v. Bigi, 2011 U.S. Dist. LEXIS 15374 (S.D. Ohio February 16, 2011).* Defendant was stopped for a broken taillight, and the officer directed him out of the car because he was excessively nervous. Cocaine fell out of his lap, and a dog alerted on the car. The search was legal. United States v. Riley, 2011 U.S. App. LEXIS 3015, 2011 FED App. 0109N (6th Cir. February 15, 2011) (unpublished).* The officer approached a car parked on a McDonald’s lot after hours that had become a drug trafficking place at night...continue to full post

Full post as published by Fourth Amendment on February 20, 2011 (boomark / email).