N.-M. Ct.Crim.App.: Def knowingly consented to cell phone search in stalking investigation; he was graduate of Naval Academy

Defense counsel was not ineffective for not challenging defendant’s consent to search of his cell phone in a stalking investigation. Defendant understood that the scope of the search would be as broad as necessary, and he knowingly consented. The court also notes that he was a graduate of the Naval Academy. Any challenge to the consent would have failed. United States v. Spinoza, 2019 CCA LEXIS 40 (N.-M. Ct. Crim. App. Feb. 4, 2019).

Defendant made a facially valid post-conviction claim to at least avoid summary dismissal that defense counsel mishandled a search and seizure claim. He gets to amend. Hanania v. State, 2019 Fla. App. LEXIS 1336 (Fla. 2d DCA Feb. 1, 2019).*