D.Conn.: SW for drugs in house supported plain view of gun under mattress

There was evidence linking defendant’s alleged drug offenses to his home, so the warrant for his home was justified. A drug search is intensive, and the gun found under a mattress was in plain view. United States v. Reyes, 2017 U.S. Dist. LEXIS 93483 (D. Conn. June 19, 2017).*

Defendant waived his appellate claim of an unconstitutional warrantless blood draw because he did not make the same argument in the trial court. He did not show defense counsel was ineffective for not arguing the blood draw’s constitutionality because he showed no prejudice because state law permitted a conviction based on an officer’s opinion of impairment, and evidence of impairment aside from the blood draw was overwhelming. State v. Perry, 2017 N.C. App. LEXIS 456 (June 20, 2017).*