OH7: Providing passcode to cell phone showed consent

Defense counsel didn’t provide ineffective assistance of counsel for not pursuing a motion to suppress consent to search her cell phone. Defendant verbally consented to search her home and then in writing, and then she verbally consented to the search of her phone, entered the passcode, and then disabled the passcode. State v. Dawson, 2017-Ohio-5709, 2017 Ohio App. LEXIS 2742 (7th Dist. June 15, 2017).

There almost certainly was probable cause for defendant’s arrest, so “Counsel was not ineffective for failing to raise a meritless argument.” Lynn v. United States, 2017 U.S. Dist. LEXIS 105157 (N.D. Tex. June 12, 2017).*

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