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

Criminal Law

: Fourth Amendment

KY: Mid-trial suppression motion was here timely

By John Wesley Hall, Jr.

Defendant’s suppression motion came at trial as soon as it was first revealed there was a search and seizure. The motion was timely, and the trial court erred in not conducting a mid-trial suppression hearing. Matlock v. Commonwealth, 2011 Ky. App. LEXIS 31 (February 18, 2011): Shanks and Higdon rely on two different triggering events that indicate the timeliness of such an objection. In Shanks, the court focused on the evidence and the point during trial when it was proffered. In Higdon, the court looked to the witnesses and found that an objection is timely when made during the testimony of the first witness who testifies regarding the circumstances of the search and seizure. It is plausible that several witnesses might testify regarding the circumstances of the search and seizure before the actual items are offered into evidence...continue to full post

Full post as published by Fourth Amendment on February 21, 2011 (boomark / email).