GA: Wallet placed on seat at time of arrest was subject to search incident

Defendant had wallet in hand and set it down on the vehicle seat before his arrest. It was an effect subject to search incident when he was arrested. State v. Hargis, 2014 Ga. LEXIS 224 (March 17, 2014).

Defendant got his suppression hearing in the 2255 hearing and lost. Officers came to do a knock and talk and saw a methamphetamine lab inside. “The search of Green’s trailer and shed was decidedly constitutional. [¶] The evidence presented at the evidentiary hearing reveals no basis for the trial court to have suppressed any evidence seized by law enforcement officers and since petitioner’s Fourth Amendment claim is not meritorious, no ineffective assistance of counsel—by Mr. Soto—resulted from the failure to file a motion to suppress.” Green v. United States, 2014 U.S. Dist. LEXIS 33469 (S.D. Ala. February 4, 2014),* Adopted by, Post-conviction relief denied at, Certificate of appealability denied 2014 U.S. Dist. LEXIS 32402 (S.D. Ala. March 13, 2014).*

Defendant argued that defense counsel was ineffective for not moving to suppress the firearm in this case, but the question was really sufficiency of the evidence. “Petitioner’s argument that the firearm legally belonged to his wife is irrelevant to the constitutionality of the search pursuant to the warrant.” McGriff v. United States, 2014 U.S. Dist. LEXIS 35746 (D. Md. March 19, 2014).*