Defense counsel’s decision not to pursue a motion to suppress was reasonable under the circumstances. Defendant was already facing a 60 month minimum. The government made clear that they had additional counts they could bring but wouldn’t if the defense would forego a motion to suppress which wasn’t at all a certainty. United States v. Beeman, 2018 U.S. Dist. LEXIS 180188 (W.D. Va. Oct. 18, 2018).
Police had probable cause for defendant’s arrest based on citizen observations of child nudity on his cell phone, and that makes any possible mistake about an arrest warrant for him irrelevant. United States v. Diaz, 2018 U.S. Dist. LEXIS 177838 (S.D. Tex. Oct. 16, 2018).*