OH3: Court declines to extend state const to trash searches

The court declines to extend the state’s constitution to prohibit trash searches permitted by the Fourth Amendment. While other state courts have done so, this state has not yet, and that’s for the state supreme court. Another district had also declined. State v. Frye, 2018-Ohio-894, 2018 Ohio App. LEXIS 949 (3d Dist. Mar. 12, 2018).*

Defense counsel’s failure to pursue a Franks motion wasn’t ineffective assistance of counsel. Viewing the merits of the claim in detail, he’d have lost on the merits. Therefore, no Strickland prejudice. Price v. United States, 2018 U.S. Dist. LEXIS 42012 (S.D. Fla. Mar. 13, 2018).*

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