GA: Nervousness and failure to look officer in eye was RS

Defendant consented to a search of his car during his traffic stop. He wouldn’t look the officer in the eye, and he was nervous, so the officer asked for consent and got it. Hammont v. State, 309 Ga. App. 395, 710 S.E.2d 598 (2011).*

Defense counsel’s failure to argue an alternative theory to suppress a search fails both Strickland prongs: defendant could not win on the search issue, so defense counsel could not be ineffective. Cowans v. Bagley, 639 F.3d 241, 2011 FED App. 0100P (6th Cir. 2011).*

Because a fact dispute remained on the protective sweep, the denial of qualified immunity on the search of the house was affirmed. The grant of qualified immunity on the search of the car outside was affirmed because the facts clearly showed the automobile exception applied. Asher v. McClure, 424 Fed. Appx. 818 (11th Cir. 2011) (unpublished).*