{"id":30846,"date":"2017-12-23T00:00:39","date_gmt":"2017-12-23T05:00:39","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=30846"},"modified":"2017-12-24T16:07:45","modified_gmt":"2017-12-24T21:07:45","slug":"la-defs-phone-records-were-obtained-by-valid-court-order-so-defense-counsel-couldnt-be-ineffective-for-not-challenging-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=30846","title":{"rendered":"LA: Def&#8217;s phone records were obtained by valid court order so defense counsel couldn&#8217;t be ineffective for not challenging it"},"content":{"rendered":"<p>Defendant\u2019s phone records were obtained by court order. Therefore, his counsel wasn\u2019t ineffective for not challenging the state\u2019s obtaining them. <a href=\"http:\/\/www.lasc.org\/opinions\/2017\/16-1135.KP.PC.pdf\">State v. Pram<\/a>, 2017 La. LEXIS 2958 (Dec. 15, 2017).<\/p>\n<p>Defendant first lied about his name, but an officer there knew him and asked if he had anything on him, and he admitted it, and that was reasonable suspicion. Therefore, defense counsel wasn\u2019t ineffective for not challenging the search incident to his valid arrest. <a href=\"https:\/\/www.courts.mo.gov\/file.jsp?id=120843\">Greene v. State<\/a>, 2017 Mo. App. LEXIS 1333 (Dec. 19, 2017).*<\/p>\n<p>Defendant already lost a 2255 on the adequacy of defense counsel\u2019s representation as to his search issue. Raising it again via F.R.C.P. 60 is to no avail. Snyder v. United States, 2017 U.S. Dist. LEXIS 208517 (W.D. N.Y. Dec. 18, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s phone records were obtained by court order. Therefore, his counsel wasn\u2019t ineffective for not challenging the state\u2019s obtaining them. State v. Pram, 2017 La. LEXIS 2958 (Dec. 15, 2017). Defendant first lied about his name, but an officer there &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=30846\">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],"tags":[],"class_list":["post-30846","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30846","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=30846"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30846\/revisions"}],"predecessor-version":[{"id":30916,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30846\/revisions\/30916"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30846"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30846"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30846"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}