Defendant was granted a new murder trial on ineffective assistance of counsel grounds, one of which was failure to file a motion to suppress. On remand to the trial court, he pursued the motion to suppress claiming that a search of his backpack six days after his arrest was not a valid inventory. The motion to suppress should have been granted, and inevitable discovery does not support the trial court’s order that an inventory could have been conducted because the warrant requirement applied after that long. Kennebrew v. State, 2018 Ga. LEXIS 601 (Sep. 10, 2018).
Defense counsel’s can’t be ineffective for not pursuing a motion to suppress that lacks merit. United States v. Barber, 2018 U.S. Dist. LEXIS 153768 (N.D. Fla. Aug. 7, 2018),* adopted, 2018 U.S. Dist. LEXIS 152811 (N.D. Fla. Sept. 4, 2018).*