TN: No IAC to distance def from property of another and claim no standing

Defense counsel wasn’t ineffective for not filing a motion to suppress property that wasn’t his but where he spent time. The trial strategy was to distance defendant from the property, and asserting a reasonable expectation of privacy in the property tied him to it. Horton v. State, 2023 Tenn. Crim. App. LEXIS 449 (Nov. 6, 2023).

Defendant’s car was searched by the police finding only a shell casing. It was to be towed and the tow truck driver, freeing a stuck gearshift, found a gun hidden in the console, and he called the police. The tow truck driver was a private actor, and no motion to suppress would have succeeded. United States v. Dejean, 2023 U.S. Dist. LEXIS 198493 (E.D. La. Nov. 6, 2023).*

Plaintiff’s claim against an animal rights group that procured a search warrant for dogs locked in a garage fails because there was probable cause. Barraclough v. Animal Friends, Inc., 2023 U.S. Dist. LEXIS 198529 (W.D. Pa. Nov. 6, 2023).*

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