Daily Archives: January 6, 2020

D.N.J.: Habeas pet’r doesn’t show case outcome would be different if motion to suppress had been litigated

To prevail on a Fourth Amendment IAC claim, there are essentially three things to prove, not just two: (a) defense counsel failed to litigate a search issue (b) that not only would have prevailed on the search issue, (c) but … Continue reading

Posted in Ineffective assistance | Comments Off on D.N.J.: Habeas pet’r doesn’t show case outcome would be different if motion to suppress had been litigated

E.D.Tenn.: Consent to protective sweep led to plain view of money under a bed

Defendant consented to a protective sweep, and, looking under a bed, the officer saw a duffle bag with money showing. That was a reasonable search. United States v. Stanton, 2020 U.S. Dist. LEXIS 778 (E.D. Tenn. Jan. 3, 2020).* “To … Continue reading

Posted in Plain view, feel, smell, Protective sweep | Comments Off on E.D.Tenn.: Consent to protective sweep led to plain view of money under a bed