FL2: IAC 4th Amd. claim requires pleading that defendant would have gone to trial

Defendant’s post-conviction claim that defense counsel was ineffective for not pursuing a motion to suppress was fatally defective for not alleging prejudice. Would she have gone to trial and not pled? Zanchez v. State, 84 So. 3d 466 (Fla. 2d DCA 2012):*

But upon further examination of her motion, we note that Ms. Zanchez has failed to allege that there is a reasonable probability that but for counsel’s errors, she would not have pleaded guilty but would have insisted on going to trial. See Hill v. Lockhart, 474 U.S. 52, 59 (1985); Nelson, 996 So. 2d at 952. Thus Ms. Zanchez’s motion completely omits an allegation of prejudice flowing from her attorney’s alleged deficient performance.

The juvenile was detained pending “investigation” for loitering, and there was no reasonable suspicion for a patdown. The officer “testified that she routinely searches suspects prior to placing them in her vehicle as a safety precaution.” D.S. v. State, 2012 Fla. App. LEXIS 5461 (Fla. 3d DCA April 11, 2012).*

A gap in the record on whether the independent source doctrine would support the search in question required remand. The case arose from a grow operation that the police visited without warrants. Outbuildings were searched off the curtilage and in open fields, but the court can’t decide the question. United States v. Noriega, 676 F.3d 1252 (11th Cir. 2012).*