{"id":7559,"date":"2012-10-02T14:54:00","date_gmt":"2012-08-11T07:03:30","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-08-11T07:03:30","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7559","title":{"rendered":"VA: SW after a consent search was based on PC"},"content":{"rendered":"<p>The search of defendant\u2019s bedroom was valid by his mother\u2019s consent while he was present and not objecting, and the seizure of bomb-making materials was valid. While officers were there, he admitted to blowing up pipe bombs in the woods. It was reasonable to issue a search warrant for the room after that for plans and other documents about how to make bombs. <a href=\"http:\/\/www.courts.state.va.us\/opinions\/opncavwp\/0585111.pdf\">Bay v. Commonwealth<\/a>, 60 Va. App. 520, 729 S.E.2d 768 (2012).*<\/p>\n<p>Defendant litigated his suppression issue through direct appeal, so it can\u2019t be religitated in his \u00a7 2255. Sims v. United States, 2012 U.S. Dist. LEXIS 109478 (W.D. N.C. August 6, 2012).*<\/p>\n<p>\u201cFailure to raise a losing argument is not ineffective assistance of counsel.\u201d Here, the facts of the search were in the plea agreement, and that alone was sufficient to sustain the search. United States v. Hayes, 2012 U.S. Dist. LEXIS 111165 (E.D. Wis. August 8, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7559\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-7559","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7559","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7559"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7559\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7559"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7559"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7559"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}