A \u201cBrinks box\u201d in the house being searched with a warrant for drugs was subject to the search. United States v. Simmermaker, 2019 U.S. Dist. LEXIS 199422 (N.D. Iowa Oct. 25, 2019), adopted, 2019 U.S. Dist. LEXIS 198379 (N.D. Iowa Nov. 15, 2019).<\/p>\n
2255 petitioner didn\u2019t show ineffective assistance of counsel from defense counsel\u2019s failure to move to suppress the search warrant in his case. The affidavit for the warrant shows probable cause, and it\u2019s also apparent the good faith exception applies. Moreover, petitioner can\u2019t show prejudice: \u201cThus, even a successful challenge to the search would not have prevented the Government from charging Petitioner with up to 15 narcotics transactions, leaving Petitioner in potentially more legal jeopardy. Thus, in the absence of any prejudice from Petitioner’s supposed ineffectiveness, Petitioner’s claim fails.\u201d Scott v. United States, 2019 U.S. Dist. LEXIS 198289 (S.D.N.Y. Nov. 14, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"
A \u201cBrinks box\u201d in the house being searched with a warrant for drugs was subject to the search. United States v. Simmermaker, 2019 U.S. Dist. LEXIS 199422 (N.D. Iowa Oct. 25, 2019), adopted, 2019 U.S. Dist. LEXIS 198379 (N.D. Iowa … Continue reading