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Search and Seizure

 
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craesz
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Joined: 25 Jan 2007
Posts: 93
PostPosted: Tue Feb 06, 2007 9:19 am    Post subject: Search and Seizure Reply with quote
In PD-748-05 Wiede v. State this honorable court states

Quote:
When reviewing a trial judge's decision to deny a motion to suppress where probable cause to search was challenged, an appellate court must afford "almost total deference to a trial court's express or implied determination of historical facts and review de novo the court's application of the law of search and seizure to those facts."


Let's suppose you have one of those judges that defaults to ruling for the State (of course, that is the safest thing to do these days). What then?
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