{"id":33539,"date":"2018-06-24T09:32:44","date_gmt":"2018-06-24T14:32:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=33539"},"modified":"2018-06-24T13:40:08","modified_gmt":"2018-06-24T18:40:08","slug":"oh3-def-counsel-not-ineffective-for-strategy-not-to-challenge-car-search-to-distance-him-from-the-drugs-for-trial","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=33539","title":{"rendered":"OH3: Def counsel not ineffective for strategy not to challenge car search to distance him from the drugs for trial"},"content":{"rendered":"<p>Defense counsel was not ineffective for not filing a motion to suppress because he would have to admit he owned or possessed the car for standing, and that was contrary to his defense that it wasn\u2019t his drugs. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/3\/2018\/2018-Ohio-2345.pdf\">State v. Stein<\/a>, 2018-Ohio-2345, 2018 Ohio App. LEXIS 2551 (3d Dist. June 18, 2018).<\/p>\n<p>\u201cThe Court disagrees with Defendant&#8217;s dismissive characterization of the Magistrate Court&#8217;s analysis. Contrary to Defendant&#8217;s position, the Magistrate Court correctly focused on the fact that the CI not only provided information but also made a controlled purchase of marijuana from the Defendant at the very location to be searched.\u201d United States v. Nixon, 2018 U.S. Dist. LEXIS 101032 (W.D. Tenn. June 18, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defense counsel was not ineffective for not filing a motion to suppress because he would have to admit he owned or possessed the car for standing, and that was contrary to his defense that it wasn\u2019t his drugs. State v. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=33539\">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":[1],"tags":[],"class_list":["post-33539","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33539","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=33539"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33539\/revisions"}],"predecessor-version":[{"id":33554,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33539\/revisions\/33554"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=33539"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=33539"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=33539"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}