221292P.pdf   01/25/2023  United States  v.  John Pickens, Jr.
   U.S. Court of Appeals Case No:  22-1292
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Loken, Author, with Gruender and Grasz, Circuit Judges] 
   Criminal case - Criminal law. By failing to raise an issue concerning the 
   expiration of tracking warrants in a pretrial motion, defendant waived the 
   issue; as the court's prior cases are inconsistent as to whether such a 
   failure is a waiver or results in plain error review, the court will 
   review the issue for plain error; the issue of whether the warrants 
   expired when defendant was arrested, interviewed and released in an 
   unrelated matter is hardly free from doubt, and the district court did not 
   plainly err in not reaching the issue; further, when defendant fled from 
   officers, he provided grounds for a legitimate arrest; his flight, 
   together with officers' knowledge that he had posed with bricks of 
   narcotics, provided at least arguable probable cause to conduct a 
   warrantless search of his vehicle pursuant to the Fourth Amendment 
   automobile exception; claim of prosecutorial misconduct based on 
   presentation of false testimony rejected as without basis in the record; 
   defendant requested and consented to the giving of the curative 
   instruction he now challenges, and the claim is waived; claim of 
   ineffective assistance of counsel at trial would not be considered on 
   appeal.