Category Archives: Ineffective assistance

CA8: Def retreating from a threshold arrest creates exigency

Defendant came to the doorway of his camper to be arrested, but he “retreated” and turned to go back inside with the officer still holding on to him. A look for a gun, finding one, was reasonable under Santana. United … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, Ineffective assistance | Comments Off

S.D.Fla.: 4A IAC claim has to be decided on merits first; if search valid, no IAC

An IAC claim for failure to file a motion to suppress usually requires the merits of the motion be decided. “Because neither of the Fourth Amendment arguments have merit, trial counsel’s failure to move to suppress this evidence did not … Continue reading

Posted in Consent, Ineffective assistance | Comments Off

TX4: Juvenile consented to search of room but parent objects; it’s the parent’s call

A juvenile was detained on suspicion of burglary, and the officers went back to his house. The juvenile consented, but the parent objected, and that was binding on the officers because of the control a parent has over a child. … Continue reading

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D.N.M.: “An attorney’s choice in advancing one theory over another at a suppression hearing is often a strategic decision.”

“An attorney’s choice in advancing one theory over another at a suppression hearing is often a strategic decision.” United States v. Gutierrez, 2015 U.S. Dist. LEXIS 188570 (D.N.M. January 27, 2015). Defendant couldn’t claim ineffective assistance from a 2004 traffic … Continue reading

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IA: Def plead guilty and later overruling of case law suggested the stop was unreasonable; no IAC claim on direct appeal

An LPN check showed the 77 year old owner of the car had an expired DL. When the officer encountered the driver, it was obviously not the owner because of age. It was the owner’s daughter. The officer shortly determined … Continue reading

Posted in Ineffective assistance, Reasonable suspicion | Comments Off

PA: A def’s “admission transmitted through an informant is only as reliable as its conduit is trustworthy”

“[A]n admission per se is inherently reliable evidence” sufficient to establish probable cause to arrest, but holding that “an admission transmitted through an informant is only as reliable as its conduit is trustworthy.” Commonwealth v. Stokes, 480 Pa. 38, 389 … Continue reading

Posted in Ineffective assistance, Informant hearsay | Comments Off

D.Mont.: Possession of a camera phone was violation of release conditions and justified PO search

Defendant had a release condition to stay away from children, but he babysat two and he let them use his cell phone connected to his computer. This was reasonable suspicion for a search of the cell phone and computer for … Continue reading

Posted in Ineffective assistance, Probation / Parole search | Comments Off

M.D.La.: A couple of pills in the car not easily identifiable as controlled substances didn’t justify a search

Defendant’s frisk was justified by reasonable suspicion. The search of his person, however, was not justified: Some pills in the car that weren’t easily identified as controlled substances does not mean that defendant was committing a crime. United States v. … Continue reading

Posted in Ineffective assistance, Probable cause | Comments Off

IA: Where IAC claims based on persuading for overruling of settled law, def counsel hardly ineffective

Defendant’s argument on post-conviction that defense counsel should have argued for overruling of state authority on the search incident and automobile exception doctrines because of subtle changes in the law isn’t grounds for post-conviction. All that shows is that the … Continue reading

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C.D.Ill.: Long term borrower of car has standing

One who borrows a car for a long time has standing. “And the Court is persuaded that society is prepared to accept as reasonable a person’s subjective expectation of privacy in a car borrowed for months on end from a … Continue reading

Posted in Ineffective assistance, Standing | Comments Off