The search warrant was clearly issued September 4th. The typo “Aug.” was on some of the papers, but reading the entirety of the paperwork, it was obvious this was only a scrivener’s error. The warrant was issued the same day it was executed. Thus, defense counsel wasn’t ineffective for not filing a motion to suppress. The court acknowledges that the state did not even raise that issue, but the court likely would have resolved it that way anyway considering the standard of review on post-conviction. Mitchell v. State, 2017 Miss. App. LEXIS 114 (Feb. 28, 2017).
Defense counsel didn’t file motions to suppress the various searches in this case but each would have lost on consent or search incident and his arrest was with probable cause. State v. Edmonds, 2017-Ohio-745, 2017 Ohio App. LEXIS 734 (8th Dist. March 2, 2017).*