DC: SW for guns authorized search behind dresser

Officers had a search warrant for guns, and they searched defendant’s bedroom and found bag of marijuana behind a dresser, defendant’s I.D. on the dresser, and a marijuana pipe and bong on a shelf in the closet. Those items were found in places the officers would have legally searched while looking for guns and ammunition pursuant to the warrant. State v. Shank, 2012 Iowa App. LEXIS 114 (February 15, 2012).*

The record here was insufficient to decide whether the defendant was not prejudiced by lack of evidence that defense counsel did not introduce. Moreover, “[g]iven the deficiencies in the factual record, we cannot uphold the court’s denial of appellant’s § 23-110 motion on the alternative ground urged by the government (i.e., that the motion to suppress that his trial counsel failed to file would not have resulted in the exclusion of evidence).” Remanded; the court does not think that the government abandoned its position on developing the record. Porter v. United States, 37 A.3d 251 (D.C. 2012).*

Defendant was not seized when he dropped a gun while fleeing, so defense counsel was not ineffective for not raising it. People v. Henderson, 2012 Ill. App. LEXIS 102, 2012 IL App (1st) 101494 (February 15, 2012).*