{"id":23376,"date":"2016-08-15T07:30:14","date_gmt":"2016-08-15T12:30:14","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=23376"},"modified":"2016-08-15T07:55:35","modified_gmt":"2016-08-15T12:55:35","slug":"tn-not-iac-to-not-object-to-defs-consent-to-statement-and-dna-sample","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=23376","title":{"rendered":"TN: Not IAC to not object to def&#8217;s consent to statement and DNA sample"},"content":{"rendered":"<p>Defense counsel was not ineffective for not moving to suppress defendant\u2019s volunteering to talk to police and give a DNA sample. It was clearly consensual. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/joneswesleyopn_0.pdf\">Jones v. State<\/a>, 2016 Tenn. Crim. App. LEXIS 595 (Aug. 11, 2016).*<\/p>\n<p>The plaintiffs\u2019 family ran a furniture store. Suspecting a late night break-in, two go to the scene heavily armed while one calls 911 without telling the police the others were going to be there. This leads to a heated confrontation between innocent family members and the police: arrests and allegations of excessive force. Summary judgment is granted as to one officer and denied as to others based on the allegations of the complaint and the summary judgment papers that the law was clearly established as to practically everything at issue. <a href=\"http:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/16a0463n-06.pdf\">Crawford v. Geiger<\/a>, 2016 U.S. App. LEXIS 14898 (6th Cir. Aug. 11, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defense counsel was not ineffective for not moving to suppress defendant\u2019s volunteering to talk to police and give a DNA sample. It was clearly consensual. Jones v. State, 2016 Tenn. Crim. App. LEXIS 595 (Aug. 11, 2016).* The plaintiffs\u2019 family &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=23376\">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":[23,40],"tags":[],"class_list":["post-23376","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23376","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=23376"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23376\/revisions"}],"predecessor-version":[{"id":23377,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23376\/revisions\/23377"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23376"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23376"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23376"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}