{"id":15184,"date":"2014-12-29T01:12:06","date_gmt":"2014-12-29T06:12:06","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=15184"},"modified":"2014-12-25T12:14:08","modified_gmt":"2014-12-25T17:14:08","slug":"oh11-defendants-admitting-she-consented-to-search-at-trial-precluded-iac-claim-for-not-challenging-consent","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=15184","title":{"rendered":"OH11: Defendant’s admitting she consented to search at trial precluded IAC claim for not challenging consent"},"content":{"rendered":"

Defense counsel was not ineffective for not challenging defendant\u2019s consent when she testified at trial that she consented to the search. State v. Driscol<\/a>, 2014-Ohio-5608, 2014 Ohio App. LEXIS 5436 (11th Dist. December 22, 2014).<\/p>\n

Defendant\u2019s prior DUI convictions weren\u2019t exigent circumstances to dispense with a search warrant for blood. Lloyd v. State<\/a>, 2014 Tex. App. LEXIS 13691 (Tex. App. \u2013 Dallas December 22, 2014).*<\/p>\n

The trial court and court of appeals erred in concluding that there was no fair probability that drugs would be found at defendant\u2019s house on the totality of circumstances. \u201cWe reach this conclusion after acknowledging that independently each fact set forth in the search warrant affidavit is merely suspicious, but the totality of the circumstances\u2014namely, the numerous tips indicating drug activity was probably present at 609 A and the subsequent surveillance of 609 A during which seemingly drug-related behavior was observed\u2014distinguishes this case from Gentile. Likewise, we note that our decision today is based, in part, on the uncertainty as to the standard applied to review the magistrate’s probable cause determination. See Kinloch, Op. No. 2012-UP-432 (S.C. Ct. App. filed July 18, 2012) (reciting, erroneously, \u2018clear error\u2019 as the standard by which it was reviewing the trial judge’s decision).\u201d State v. Kinloch<\/a>, 2014 S.C. LEXIS 547 (December 23, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defense counsel was not ineffective for not challenging defendant\u2019s consent when she testified at trial that she consented to the search. State v. Driscol, 2014-Ohio-5608, 2014 Ohio App. LEXIS 5436 (11th Dist. December 22, 2014). Defendant\u2019s prior DUI convictions weren\u2019t … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,23,20],"tags":[],"class_list":["post-15184","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-ineffective-assistance","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15184","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15184"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15184\/revisions"}],"predecessor-version":[{"id":15185,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15184\/revisions\/15185"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15184"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15184"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15184"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}