{"id":14695,"date":"2014-12-13T10:44:28","date_gmt":"2014-12-13T15:44:28","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=14695"},"modified":"2014-12-13T10:44:28","modified_gmt":"2014-12-13T15:44:28","slug":"il-defense-counsel-not-ineffective-for-not-predicting-riley","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=14695","title":{"rendered":"IL: Defense counsel not ineffective for not predicting Riley"},"content":{"rendered":"<p>Defense counsel was not ineffective for not predicting Riley. \u201cRiley obviously changed things, but to accept defendant&#8217;s argument we would have to conclude counsel was ineffective for failing to predict the future and anticipate Riley. We decline to impose such \u2018a duty of clairvoyance.\u2019 Hartfield, 232 Ill. App. 3d at 208, 596 N.E.2d at 710.\u201d <a href=\"http:\/\/www.state.il.us\/court\/Opinions\/AppellateCourt\/2014\/4thDistrict\/4121040.pdf\">People v. Davis<\/a>, 2014 IL App (4th) 121040, 2014 Ill. App. LEXIS 853 (December 8, 2014). <\/p>\n<p>The officer told the driver that if he didn\u2019t consent to the taking of his breath sample, they\u2019d apply for a search warrant and he\u2019d be taken to the hospital and tied down and a forced blood draw would occur. The implied consent warning contemplates taking by force like that, if necessary, and the officer didn\u2019t tell him anything wrong. Because the officer told him correctly what could happen if he refused, the consent was not coerced.  State ex rel. <a href=\"http:\/\/courts.state.wy.us\/Documents\/Opinions\/2014WY160.pdf\">Wyo. DOT v. Icenhower<\/a>, 2014 WY 160, 2014 Wyo. LEXIS 183 (December 11, 2014).<\/p>\n<p>Defendant didn\u2019t get ineffective assistance just because the suppression motion lost. United States v. Smalls, 2014 U.S. Dist. LEXIS 171526 (D. R.I. December 11, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defense counsel was not ineffective for not predicting Riley. \u201cRiley obviously changed things, but to accept defendant&#8217;s argument we would have to conclude counsel was ineffective for failing to predict the future and anticipate Riley. We decline to impose such &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=14695\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,24,23],"tags":[],"class_list":["post-14695","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-consent","category-ineffective-assistance"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14695","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=14695"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14695\/revisions"}],"predecessor-version":[{"id":14696,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14695\/revisions\/14696"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=14695"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=14695"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=14695"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}