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In United States v. Jimenez, the court addressed whether a warrantless search violated the Fourth Amendment. Jimenez challenged the admissibility of evidence obtained during an entry conducted without a warrant, arguing lack of voluntary consent and absence of exigent circumstances. The court emphasized that warrantless searches are presumptively unlawful and that the government bears the burden of proving a valid exception. Based on the facts, the court determined that the search was unconstitutional and suppressed the evidence, reaffirming the high standard required for exceptions to the warrant requirement.
In 2023, I also won an appeal before the 8th Circuit Court of Appeals, challenging an unconstitutional detention and search of my client on a bus. Drawing from personal experience and careful use of video evidence, I distinguished the case from United States v. Moreno, leading the appellate court to rule that my client's Fourth Amendment rights were violated and to vacate his conviction.
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In State v. Lawless (2014), I successfully appealed a felony shoplifting conviction by arguing that the trial court improperly allowed a loss prevention officer to testify about merchandise values based only on price tags, without evidence of actual sales prices. The appellate court agreed, reducing the offense to a Class II misdemeanor and avoiding a felony conviction for my client.
In Berndt v. Berndt (2017), I successfully appealed on behalf of the mother, arguing that significant changes, including her relocation to Gordon, Nebraska, proximity to the children's new schools, and increased parenting availability, constituted a material change in circumstances. The appellate court agreed, finding the trial court erred by not recognizing these changes and, after a de novo review, ordered a week-on, week-off custody schedule based on the children’s best interests.