IA: Where search valid in any event, fact defense counsel did raise alternative ground doesn’t matter

No IAC for not challenging search: Based on the record, “assuming without deciding that Martin had a legitimate expectation of privacy, we agree with the State that there was a valid search incident to arrest.” State v. Martin, 2012 Iowa App. LEXIS 832 (October 3, 2012).*

Whether defense counsel was ineffective for not challenging the search could not be reached on direct appeal because of inadequacy of the record on the search on any ground. Defendant has to go to post-conviction proceedings to make his record. State v. Armstrong, 2012 Iowa App. LEXIS 834 (October 3, 2012).*

There was probable cause for defendant’s stop. State v. Quigley, 2012 Iowa App. LEXIS 842 (October 3, 2012).*

Defendant’s consent here was not shown to be clearly erroneous. United States v. Vaghari, 500 Fed. Appx. 139 (3d Cir. 2012).*