E.D.Tenn.: No IAC where nothing from unchallenged alleged illegal search was put used at trial

Defense counsel can’t be ineffective for not filing a motion to suppress where nothing from the search was put into evidence at defendant’s trial. There is no prejudice. Jordan v. United States, 2017 U.S. Dist. LEXIS 102698 (E.D. Tenn. July 3, 2017).

A Navy computer tech noticed that defendant’s computer on the Navy’s ONENET system had accessed child pornography. A command authorized search and seizure (CASS) was obtained. At defendant’s off-base residence, his Filipino national fiancee also consented to the search after efforts were made to comply with the Status of Forces Agreement for Japan. The CASS was with probable cause and in good faith. United States v. Lancina, 2017 CCA LEXIS 436 (N.-M. Ct. Crim. App. June 30, 2017).*

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