Search of curtilage for hidden drugs was unreasonable

Officer’s search of curtilage for hidden drugs after defendant’s arrest for battery violated the Fourth Amendment. They were not on him, and they were not in plain view. Probable cause alone was not enough. Rivers v. State, 287 Ga. App. 632, 653 S.E.2d 78 (2007).*

Defendant’s IAC claim fails because defendant would have lost on the merits of the search claim, which the court examines in great detail. The officers had reasonable suspicion that the toolboxes in defendant’s hands when he was first encountered which he put on the ground were stolen. People v. Richardson, 376 Ill. App. 3d 612, 876 N.E.2d 303, 315 Ill. Dec. 303 (1st Dist. 2007).*

Defendant’s stop was based on a lane change without signalling, and that violated state law, so the stop was valid. People v. James, 2007 NY Slip Op 27384, 17 Misc. 3d 623, 842 N.Y.S.2d 859 (Queens Co. 2007).*

Defendant was subjected to what was apparently an unlawful entry on a misdemeanor warrant that should not have been served at home. This assault on the officers was not privileged and would not be suppressed even if the entry was unlawful. Therefore, defense counsel’s failure to file a suppression motion could not be ineffective assistance. State v. Flesher, 2007 Ohio 4982, 2007 Ohio App. LEXIS 4406 (7th Dist. September 21, 2007).*

Defendant was stopped after furtive movements on the street as officer was responding to a domestic violence call and defendant generally matched the description of the assailant. A patdown for weapons after that was justified. In re Jackson, 2007 Ohio 4955, 2007 Ohio App. LEXIS 4418 (11th Dist. September 21, 2007).*