An IAC claim for failure to file a motion to suppress usually requires the merits of the motion be decided. \u201cBecause neither of the Fourth Amendment arguments have merit, trial counsel’s failure to move to suppress this evidence did not constitute ineffective assistance. Lancaster v. Newsome, 880 F.2d 362, 375 (11th Cir. 1989) (counsel’s decision not to file a meritless motion cannot support a claim for ineffective assistance of counsel).\u201d Flanders v. United States, 2017 U.S. Dist. LEXIS 91518 (S.D. Fla. June 13, 2017).*<\/p>\n
Defendant\u2019s wife was found to have consented to the search of their house, and there was no showing that any part of the place was exclusive to defendant where she couldn\u2019t consent. People v. D’Attore<\/a>, 2017 NY Slip Op 04888, 2017 N.Y. App. Div. LEXIS 4804 (1st Dept. June 15, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":" An IAC claim for failure to file a motion to suppress usually requires the merits of the motion be decided. \u201cBecause neither of the Fourth Amendment arguments have merit, trial counsel’s failure to move to suppress this evidence did not … Continue reading