{"id":28994,"date":"2017-09-05T18:44:55","date_gmt":"2017-09-05T23:44:55","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=28994"},"modified":"2017-09-16T18:48:27","modified_gmt":"2017-09-16T23:48:27","slug":"fl5-def-made-a-prima-facie-case-for-iac-to-get-a-hearing-on-his-claim-that-defense-counsel-was-ineffective-for-not-moving-to-suppress-a-warrantless-entry-onto-rural-curtilage","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=28994","title":{"rendered":"FL5: Def made a prima facie case for IAC to get a hearing on his claim that defense counsel was ineffective for not moving to suppress a warrantless entry onto rural curtilage"},"content":{"rendered":"<p>Defendant stated a sufficient basis for ineffective assistance of counsel for defense counsel\u2019s failure to file a motion to suppress the entry into the curtilage of his house from which officers could smell marijuana. Remanded for a hearing. <a href=\"http:\/\/www.5dca.org\/Opinions\/Opin2017\/082817\/5D16-3464.op.pdf\">Guevara v. State<\/a>, 2017 Fla. App. LEXIS 12631 (Fla. 5th DCA Sept. 1, 2017).<\/p>\n<p>Defendant was a cancer patient, and he parked in a strip mall parking lot with his pain meds. The officer believed he saw and hand to hand transaction, and he approached defendant to talk about it. Defendant said he was grabbed, but the officer said he wasn\u2019t and the trial court credited the officer\u2019s testimony. Then the officer saw the other person in the transaction pop a pill, and that was then at least reasonable suspicion. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/ashford_johnnie_rayopn.pdf\">State v. Ashford<\/a>, 2017 Tenn. Crim. App. LEXIS 801 (Sept. 1, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant stated a sufficient basis for ineffective assistance of counsel for defense counsel\u2019s failure to file a motion to suppress the entry into the curtilage of his house from which officers could smell marijuana. Remanded for a hearing. Guevara v. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=28994\">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":[1],"tags":[],"class_list":["post-28994","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28994","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=28994"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28994\/revisions"}],"predecessor-version":[{"id":28995,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28994\/revisions\/28995"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=28994"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=28994"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=28994"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}