{"id":5485,"date":"2012-05-01T10:01:50","date_gmt":"2011-04-26T05:10:24","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-04-26T05:10:24","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5485","title":{"rendered":"CA9: Defense counsel’s failure to properly argue search issue gets remand"},"content":{"rendered":"

A guest consented to a search of the house he was visiting. The items at issue were found in a box in the master bedroom and a car in the garage. The district court ultimately failed to make findings on whether the guest had apparent authority over these items, largely because of defense counsel\u2019s failure to argue them, and the search issue is remanded. United States v. Arreguin<\/a>, 453 Fed. Appx. 678 (9th Cir. 2011) (unpublished)*:<\/p>\n

Defense counsel managed to obscure the relevant legal issues in this case through his borderline “assistance.” Indeed, the district court initially denied the suppression motion without a hearing because counsel failed to follow relevant local rules. The district court allowed defense witnesses to testify only after counsel threatened that his own failure to proffer testimony in a timely fashion would otherwise amount to ineffective assistance of counsel. While the Government suggests the violation of local rules is an alternative basis upon which to affirm, the district court ultimately did not rely on this issue in denying the motion. Under the circumstances, however, it is understandable how the primary issues in this matter\u2014the viability and scope of Valencia’s apparent authority\u2014became lost, as defense counsel failed to even mention them at oral argument before the district court or here.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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