There is no ineffective assistance of counsel claim for not pursuing a Fourth Amendment claim where the product of the search was not used at trial. State v. Finney, 2025 Del. Super. LEXIS 404 (Aug. 18, 2025).<\/p>\n\n\n\n
Crime victims are entitled to more credibility than informants in search warrant affidavits. Here in this fraud case, probable cause was shown, and the warrant was hardly stale. This was a fake trading card fraud, and the Franks attack on probable cause fails because it\u2019s an attack on guilt, not probable cause. Even with the omissions included, there still is probable cause. United States v. Curcio, 2025 U.S. Dist. LEXIS 162848 (S.D.N.Y. Aug. 21, 2025).*<\/p>\n\n\n\n
Another law enforcement officer is not a \u201cparty to the transaction\u201d to be a notary or witness on an affidavit for warrant. Gonzalez v. State, 2025 Fla. App. LEXIS 6433 (Fla. 6th DCA Aug. 22, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"
There is no ineffective assistance of counsel claim for not pursuing a Fourth Amendment claim where the product of the search was not used at trial. State v. Finney, 2025 Del. Super. LEXIS 404 (Aug. 18, 2025). Crime victims are … Continue reading