Category Archives: Ineffective assistance

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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C.D.Cal.: Under collective knowledge doctrine, the officer making the stop doesn’t need to know the PC

There was probable cause from collective knowledge for defendant’s stop and the search of his vehicle for a hidden compartment with drugs, even though the stopping officer didn’t know what it was. United States v. Isshpunani, 2017 U.S. Dist. LEXIS … Continue reading

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CA11: Def stated enough to get a hearing on a 4A IAC claim in his 2255 action

Defendant raised a colorable claim of a Fourth Amendment violation and ineffective assistance in not pursuing it. Therefore, the district court erred in just assuming defendant would lose on any motion to suppress without a hearing. Reversed. Spriggs v. United … Continue reading

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CA9: Officer’s call to def’s PO during stop didn’t unreasonably prolong it, and PO requested search

The officer’s call to defendant’s PO during his traffic stop did not unreasonably prolong the stop. The PO separately had reasonable suspicion for a search and requested one. United States v. Seugasala, 2017 U.S. App. LEXIS 14173 (9th Cir. Aug. … Continue reading

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GA engages in de novo review of consent claim when facts aren’t in dispute

Since the facts are undisputed, the court does de novo review and finds that defendant consented to the breath test and reverses. State v. Jacobs, 2017 Ga. App. LEXIS 361 (Aug. 2, 2017). “Counsel was not ineffective in failing to … Continue reading

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DE: Driving on wrong side of road, smell of alcohol, refusing breath test, failing FST adds up to PC

There was probable cause for taking defendant’s blood from driving on the wrong side of the highway, smelling of alcohol, refusing a breath test, and failing an FST. State v. Dopirak, 2017 Del. Super. LEXIS 358 (July 24, 2017). “Dearry … Continue reading

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