SC: Defense counsel ineffective for misunderstanding that motel operator could consent

Defense counsel was ineffective for misapprehending the standard for motel operator consent to search a room in not filing a motion to suppress. But, defendant was not prejudiced because he couldn’t show here that he wouldn’t have gone through with it anyway and not pled guilty. Goins v. State, 397 S.C. 568, 726 S.E.2d 1 (2012):

Although the PCR court found that the police were in Goins’ room to serve a warrant on the distribution charges, there is no evidence to support this finding in the record. Absent a warrant or exigent circumstances, the law is clear that a motel owner cannot lawfully consent to a search of a guest’s room. However, in his PCR testimony as to why he advised against proceeding with the suppression hearing, counsel stated: “I told him in the suppression hearing that the law favored the landlord or basically that the proprietor of the motel being able to consent – – excuse me. Being able to unlock the door and let someone in.” This unqualified statement is clearly inaccurate considering the search and seizure jurisprudence that specifically recognizes a landlord or motel owner does not enjoy an unfettered right to grant entry into the rented guest rooms of his establishment. We therefore agree with Goins that counsel informing him he could not have prevailed in the suppression hearing was erroneous and does not reflect “reasonable professional judgment. ”

. . .

Although counsel provided ineffective assistance in failing to properly advise Goins on the law regarding whether a motel owner can freely admit police into a rented room, Goins has failed to prove this advice was his reason for electing not to go to trial and has thus failed to establish prejudice. We therefore affirm the circuit court order denying Goins’ PCR application.