CA11: PC for arrest moots legality of patdown

Defendant’s stop was with probable cause, and the following search was incident to the arrest, so the patdown is moot. United States v. Smith, 2012 U.S. App. LEXIS 14268 (11th Cir. July 12, 2012).*

Failing to file a futile motion to suppress is not IAC. United States v. Lohrman, 2012 U.S. Dist. LEXIS 95474 (S.D. Tex. July 10, 2012).*

Defense counsel was not ineffective for not arguing that a trash search was unreasonable considering Greenwood. Defense counsel did argue that the search of a cell phone was unreasonable, but it was held harmless on the direct appeal if error at all. Therefore, no prejudice. United States v. Roberts, 2012 U.S. Dist. LEXIS 95306 (D. Nev. July 9, 2012).*

Defendant’s version of the facts amounts to an abandonment; the government’s version of the facts is a plain view of a firearm in a car visible to anyone. United States v. Contreras-Espinal, 2012 U.S. Dist. LEXIS 95577 (D. P.R. May 18, 2012).*