E.D.Tex.: Whether RV was immobile and used as a residence doesn’t matter where GFE applies

“In his third numbered objection, Lee argues that contrary to Officer Kennedy’s testimony, the RV was completely immobile at the time it was searched and that it was being used as a residence. But whether the RV was mobile or being used as a residence is irrelevant to the Report’s conclusion regarding the good-faith exception.” United States v. Lee, 2022 U.S. Dist. LEXIS 106131 (E.D.Tex. June 14, 2022).

“‘The failure to file a motion to suppress does not constitute per se ineffective assistance of counsel; an appellant must make a strong showing that the evidence would have been suppressed had the motion been filed.’” “Because Rawls has established that the evidence would have been suppressed had a motion to suppress been filed and given that without the search no contraband would have been found for which to charge the instant crime, Rawls has established he received ineffective assistance of counsel.” Williams v. State, 2022 Ga. App. LEXIS 298 (June 14, 2022).*

The district court didn’t err in not deciding plaintiff’s Fourth Amendment claim because it wasn’t fairly presented. “(‘The district court was not obligated to comb the record in order to make [the plaintiff’s] arguments for him.’).” Valdez v. Grisham, 2022 U.S. App. LEXIS 16330 (10th Cir. June 14, 2022).*

This entry was posted in Automobile exception, Good faith exception, Ineffective assistance, Waiver. Bookmark the permalink.

Comments are closed.