The right to counsel applies at suppression hearings. Defendant’s attempted waiver was ineffective. Shabazz v. State, 2018 Ark. App. 281, 2018 Ark. App. LEXIS 298 (May 2, 2018).
The officer writing the affidavit misstated the evidence that another officer smelled marijuana coming from defendant’s house as soon as he met defendant at the door. It was actually later, but it wasn’t material because the officer did in fact smell marijuana coming from defendant’s house, just not at the time stated. Darring v. State, 2018 Ind. App. LEXIS 155 (May 3, 2018).*