Merely showing that a foregone motion to suppress was “arguable” isn’t IAC. Petitioner has to show it would have prevailed. Accordingly, he cannot show that counsel’s decision not to file a motion to suppress was objectively unreasonable.” Silva v. United States, 2019 U.S. Dist. LEXIS 135422 (W.D. N.C. Date: Aug. 12, 2019).
The parties dispute whether defendant’s state parole search condition required reasonable suspicion or not. That doesn’t have to be decided because there was reasonable suspicion. United States v. Swisher, 2019 U.S. Dist. LEXIS 135358 (D. Neb. Aug. 12, 2019).*