CA9: Claim that SW was defective on face wasn’t preserved in district court

The specific argument the search warrant was defective on its face wasn’t encompassed within the motion to suppress, so it’s waived for appeal. United States v. Robinson, 2018 U.S. App. LEXIS 14097 (9th Cir. May 29, 2018).

The basis of the search warrant was electronic sexual solicitation of a child, and defendant’s own text messages provided a substantial basis for searching his home for further evidence of the crime. State v. Gundy, 2018 Minn. App. LEXIS 263 (May 29, 2018).*

Habeas petitioner can’t show ineffective assistance of counsel for counsel’s failure to file a motion to suppress search of his cell phone. First, it was searched with a search warrant and there was probable cause or at least good faith. Second, it wouldn’t have affected the outcome because of other evidence. Pigg v. Kelley, 2018 U.S. Dist. LEXIS 89436 (E.D. Ark. May 30, 2018).*

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