{"id":35225,"date":"2018-10-22T00:03:51","date_gmt":"2018-10-22T05:03:51","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=35225"},"modified":"2018-10-21T05:04:32","modified_gmt":"2018-10-21T10:04:32","slug":"w-d-va-def-counsels-decision-not-to-pursue-a-motion-to-suppress-was-reasonable-and-designed-to-prevent-superseding-indictment-with-higher-mm","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=35225","title":{"rendered":"W.D.Va.: Def counsel&#8217;s decision not to pursue a motion to suppress was reasonable and designed to prevent superseding indictment with higher MM"},"content":{"rendered":"<p>Defense counsel\u2019s decision not to pursue a motion to suppress was reasonable under the circumstances. Defendant was already facing a 60 month minimum. The government made clear that they had additional counts they could bring but wouldn\u2019t if the defense would forego a motion to suppress which wasn\u2019t at all a certainty. United States v. Beeman, 2018 U.S. Dist. LEXIS 180188 (W.D. Va. Oct. 18, 2018).<\/p>\n<p>Police had probable cause for defendant\u2019s arrest based on citizen observations of child nudity on his cell phone, and that makes any possible mistake about an arrest warrant for him irrelevant. United States v. Diaz, 2018 U.S. Dist. LEXIS 177838 (S.D. Tex. Oct. 16, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defense counsel\u2019s decision not to pursue a motion to suppress was reasonable under the circumstances. Defendant was already facing a 60 month minimum. The government made clear that they had additional counts they could bring but wouldn\u2019t if the defense &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=35225\">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":[23,20],"tags":[],"class_list":["post-35225","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35225","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=35225"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35225\/revisions"}],"predecessor-version":[{"id":35226,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35225\/revisions\/35226"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=35225"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=35225"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=35225"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}