Army: Def’s housing was under control of the Ft. Benning Cmdr and the search authorization was valid

The search authorization by the base commander was issued with probable cause. Defendant’s housing in a separate property with Ft. Benning was part of the base and was a sub-property of the Ranger school. The commander’s authority extended to it, too. United States v. Lopez, 2019 CCA LEXIS 138 (Army Ct. Crim. App. Mar. 25, 2019).*

“As to Claim 3, Read cannot demonstrate deficient performance, as he acknowledged, at the plea hearing, that there were ‘some possible pretrial suppression issues,’ but there was ‘not a sufficient basis to proceed forward with the motion to suppress.’” Now on his 2255, he can’t show that any motion to suppress would have been granted. By all the court has seen, defendant’s computer was accessed through a P2P search, and he had no reasonable expectation of privacy anyway. Read v. United States, 2019 U.S. App. LEXIS 9084 (11th Cir. Mar. 27, 2019).*

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