Category Archives: Ineffective assistance

D.S.D.: Pinging cell phone to locate def after arrest warrant issued didn’t implicate 4A

Pinging defendant’s cell phone to locate him after an arrest warrant issued didn’t implicate the Fourth Amendment. There was also exigency from fear for safety of the CI and of destruction of evidence. United States v. Sauceda, 2017 U.S. Dist. … Continue reading

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OH8: 4A IAC claim requires defendant allege and offer proof of standing

Defendant doesn’t allege any facts to support that he had standing such that a motion to suppress would be granted. Therefore, no IAC shown. State v. Musleh, 2017-Ohio-8166, 2017 Ohio App. LEXIS 4533 (8th Dist. Oct. 12, 2017).* Defendant’s 2255 … Continue reading

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IAC claims fail because of conclusory allegations or inability to show prejudice

Defendant’s conclusory 2255 allegations of IAC fail. “Defendant does not establish that, had counsel objected to the indictment and moved to suppress evidence, that the objections and motions would have been granted and that the outcome of his trial would … Continue reading

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D.C.Cir.: Defense counsel not ineffective for not raising search issue where law was uncertain at best in jurisdiction

Counsel was not ineffective for failing to challenge evidence obtained from an electronic surveillance device (truck bug) unlawfully installed in a vehicle outside of the authorizing court’s geographic jurisdiction. In light of the deeply unsettled law on the question of … Continue reading

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OH12: SW for text messages on cell phone was particular when limited to one person’s messages

Defendant was a police officer who was suspected of sexual battery of a student ride along. There were text messages, and a search warrant was obtained for his cell phone. The lack of a time frame for the text messages … Continue reading

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E.D.Cal.: Suspicionless parole search of def’s cell phone was reasonable

Defendant was on parole for pimping an underage prostitute out of California, and he had a warrantless search condition on his cell phone. The suspicionless parole search of the phone was reasonable. United States v. Monson, 2017 U.S. Dist. LEXIS … Continue reading

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DE: While there was a plausible motion to suppress waived by the guilty plea, the plea offer was advantageous and undermines the prejudice

There was a good premise for a motion to suppress the probation search here from a 14 year old consenting to entry, but defendant’s benefit from the plea agreement shows that there was no prejudice. State v. Wallace, 2017 Del. … Continue reading

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E.D.Wash.: No REP in jail calls

Defendant’s jail calls were not obtained in violation of the Fourth Amendment. United States v. Angulo, 2015 U.S. Dist. LEXIS 190187 (E.D. Wash. March 18, 2015). Defendant challenges defense counsel’s performance in not asking the right questions during the suppression … Continue reading

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M.D.Fla.: IAC search claim, even if successful, wouldn’t undermine conspiracy conviction

Defense counsel’s failure to move to suppress was not ineffective assistance of counsel because (1) it wasn’t shown to be meritorious and (2) wouldn’t affect the outcome of the conspiracy conviction. United States v. Aybar, 2017 U.S. Dist. LEXIS 155112 … Continue reading

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D.Minn.: To rely on one party’s consent to a phone call being recorded, the govt has to prove it

The extension of the stop here was based on reasonable suspicion from two CIs. The alert of a drug dog with 90% accuracy is probable cause. A recording of CI’s telephone call between him and defendant is suppressed because the … Continue reading

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