{"id":9148,"date":"2014-01-01T11:46:17","date_gmt":"2013-07-27T15:30:14","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-07-27T15:39:23","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9148","title":{"rendered":"D.Ariz.: Plea agreement waived IAC Fourth Amendment claim"},"content":{"rendered":"<p>Plea agreement waived any IAC claim, including defense counsel\u2019s failure to file a suppression motion. United States v. Bowen, 2013 U.S. Dist. LEXIS 103564 (D. Ariz. May 15, 2013).*<\/p>\n<p>Officers came to defendant\u2019s house for a knock and talk about methamphetamine production and found her on the porch, and they quickly established reasonable suspicion and then probable cause. They told her that they were getting a search warrant, and she requested that she be allowed to retrieve shoes and a coat. The officers would not let her go back in without a police escort. She was not \u201cseized\u201d for Fourth Amendment purposes. \u201cThe fact that Detective Smith would not allow Sugg to enter the residence without an escort before the warrant could be obtained was not unreasonable. This conduct was a minimal intrusion upon Sugg&#8217;s ordinary activities in light of the risk of destruction of evidence or obtaining a weapon.\u201d <a href=\"http:\/\/www.in.gov\/judiciary\/opinions\/pdf\/07241310jsk.pdf\">Sugg v. State<\/a>, 991 N.E.2d 601 (Ind. App. 2013).<\/p>\n<p>The officer had reasonable suspicion something was up because of various factors including defendant\u2019s strange and highly improbable travel plans. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/11\/11-3236.pdf\">United States v. Hernandez-Lizardi<\/a>, 530 Fed. Appx. 676 (10th Cir. 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=9148\">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-9148","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9148","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=9148"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9148\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9148"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9148"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9148"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}