D.Mass.: Failure to leave a full copy of the SW at scene does not require suppression

“Jones alleges that he entered a guilty plea unknowingly because [defense counsel] Cloherty incorrectly informed him that, after testifying at the suppression hearing that he lived part-time at the apartment where the officers executed the search, he could not testify at trial that he had no connection to that apartment. Jones is correct that the government would not have been able to use his testimony from the suppression hearing on the question of guilt or innocence at trial. See Simmons v. United States, 390 U.S. 377, 394, 88 S. Ct. 967, 19 L. Ed. 2d 1247 (1968). However, even assuming Cloherty provided misinformation on this point, [which isn’t obvious,] Jones has not demonstrated that he would not have pleaded guilty but for the alleged error.” The officers failure to leave a complete copy of the search warrant at the scene is not a constitutional violation. Jones v. United States, 2019 U.S. Dist. LEXIS 61363 (D. Mass. Apr. 9, 2019).

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