ALERT: I sent the ask in yesterday about why the notebook wasn't suppressed even though it was discovered at McDonald's, you can disregard and delete that ask. I see it was because the notebook wasn't rifled through and examined till they reached the police station. I would've thought since they removed it from his backpack as part of the illegal, warrantless search, it'd be sufficient grounds for suppression. According to Carro though, it's not.
My new question is this something that can be appealed? I know he cited that case re: the envelope, but is it really an apples-to-apples comparison though? Does this have to do with a closed container type of argument?
Hiiii I actually was really excited to answer your previous ask!! I think they both raise very interesting legal questions since search and seizure is such a razor thin area of law, as we saw with this caseš
When I heard the opinion last week, one of my first thoughts was āhow is the phone excluded, but not the journal, if neither were opened in McDonalds?ā
I looked into it and essentially, it comes down to what was āseizedā at the McDonalds. His phone and the chip were seized and bagged (by legal standards) on the scene at McDonalds, while the backpack and the journal were essentially left āin tactā and not searched (by legal standardšthese laywers abt to piss me off)(myself included like why are we like this). Basically, the magazine and phone and chip were discovered, searched, seized, and āloggedā before the McDonalds search was halted, meaning they were legally discovered during the unconstitutional search.
As for appeals, I think it is definitely ripe for appeal. I think any mixed-bag āsplit the babyā decision is going to leave room for appeal. An all or nothing may have been fore frustrating, but these decisions often just invite more room for argument. Also, keep in mind that any search/seizure issue does NOT usually make it so far, and is almost never successful. Because this was partially accepted and partially denied, I think this case has room to make to the max of the appeals process solely based on the 4thA issues. But thatās just my opinionš¤·š¼āāļøkeep in mind, if Luigi is found guilty, they canāt appeal and say ābut he wasnāt!ā Because the jury is the finder of fact and any COA will default to the jury opinion. However, appeals are sough when the trial contained legal defects in which error was preserved, such as evidentiary issues, procedural issues, and unaddressed prejudice. I see a long road aheadš