{"id":37031,"date":"2019-03-31T00:01:21","date_gmt":"2019-03-31T05:01:21","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=37031"},"modified":"2019-03-31T06:55:07","modified_gmt":"2019-03-31T11:55:07","slug":"army-defs-housing-was-under-control-of-the-ft-benning-cmdr-and-the-search-authorization-was-valid","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=37031","title":{"rendered":"Army: Def&#8217;s housing was under control of the Ft. Benning Cmdr and the search authorization was valid"},"content":{"rendered":"<p>The search authorization by the base commander was issued with probable cause. Defendant\u2019s housing in a separate property with Ft. Benning was part of the base and was a sub-property of the Ranger school. The commander\u2019s authority extended to it, too. <a href=\"https:\/\/www.jagcnet.army.mil\/Apps\/ACCAOpinions\/ACCAOpinions.nsf\/OD\/0C097D99EFF6AB57852583CC0046985D\/$FILE\/oc-lopez,%20ja.pdf\">United States v. Lopez<\/a>, 2019 CCA LEXIS 138 (Army Ct. Crim. App. Mar. 25, 2019).*<\/p>\n<p>\u201cAs to Claim 3, Read cannot demonstrate deficient performance, as he acknowledged, at the plea hearing, that there were \u2018some possible pretrial suppression issues,\u2019 but there was \u2018not a sufficient basis to proceed forward with the motion to suppress.\u2019\u201d Now on his 2255, he can\u2019t show that any motion to suppress would have been granted. By all the court has seen, defendant\u2019s computer was accessed through a P2P search, and he had no reasonable expectation of privacy anyway. Read v. United States, 2019 U.S. App. LEXIS 9084 (11th Cir. Mar. 27, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search authorization by the base commander was issued with probable cause. Defendant\u2019s housing in a separate property with Ft. Benning was part of the base and was a sub-property of the Ranger school. The commander\u2019s authority extended to it, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=37031\">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":[23,87],"tags":[],"class_list":["post-37031","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-military-searches"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37031","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=37031"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37031\/revisions"}],"predecessor-version":[{"id":37046,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37031\/revisions\/37046"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=37031"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=37031"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=37031"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}