{"id":21610,"date":"2016-04-09T09:52:25","date_gmt":"2016-04-09T14:52:25","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=21610"},"modified":"2016-12-12T00:23:23","modified_gmt":"2016-12-12T05:23:23","slug":"oh10-def-cant-suppress-his-assault-on-officer-by-claiming-entry-was-illegal","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=21610","title":{"rendered":"OH10: Def can&#8217;t suppress his assault on officer by claiming entry was illegal"},"content":{"rendered":"<p>Defense counsel was not ineffective for not challenging under the Fourth Amendment the police entry into the house that led to defendant assaulting an officer. Even if it was a nonconsensual entry, defendant\u2019s crime against the officer was independent of that, so the legality of the entry wouldn\u2019t suppress the officer\u2019s testimony of the assault. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/10\/2016\/2016-Ohio-1242.pdf\">State v. Fort<\/a>, 2016-Ohio-1242, 2016 Ohio App. LEXIS 1337 (10th Dist. March 24, 2016). (Note: In most states, the illegal entry may be arguable justification for the assault to the jury, but it&#8217;s never a question of suppressing the defendant&#8217;s new crime.)<\/p>\n<p>Defendant consented to a search of his hotel room. (In the prior R&#038;R, the USMJ found that defendant lacked standing, but the DJ disagreed and remanded.) United States v. Aiken, 2016 U.S. Dist. LEXIS 45606 (D.Me. April 4, 2016),* adopted, 2016 U.S. Dist. LEXIS 167204 (D. Me. Dec. 5, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defense counsel was not ineffective for not challenging under the Fourth Amendment the police entry into the house that led to defendant assaulting an officer. Even if it was a nonconsensual entry, defendant\u2019s crime against the officer was independent of &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=21610\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[75,24,60],"tags":[],"class_list":["post-21610","post","type-post","status-publish","format-standard","hentry","category-attenuation","category-consent","category-independent-source"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21610","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=21610"}],"version-history":[{"count":4,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21610\/revisions"}],"predecessor-version":[{"id":24776,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21610\/revisions\/24776"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21610"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21610"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21610"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}