{"id":42838,"date":"2020-03-07T09:46:39","date_gmt":"2020-03-07T14:46:39","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=42838"},"modified":"2020-03-07T10:58:14","modified_gmt":"2020-03-07T15:58:14","slug":"e-d-la-despite-apparent-validity-of-motion-to-suppress-never-pursued-defense-counsel-kept-evidence-out-of-plea-colloquy-so-no-iac-because-of-strategy-call","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=42838","title":{"rendered":"E.D.La.: Despite apparent validity of motion to suppress never pursued, defense counsel kept evidence out of plea colloquy, so no IAC because of strategy call"},"content":{"rendered":"\n<p>Defense counsel didn\u2019t file a motion to suppress evidence because defendant\u2019s stop likely was without reasonable suspicion, and a motion to suppress might well have been granted. However, there was a legitimate strategic reason for not moving to suppress which was successful; that evidence ultimately stayed out of the factual basis for the plea. United States v. Scott, 2020 U.S. Dist. LEXIS 36140 (E.D. La. Mar. 3, 2020).<\/p>\n\n\n\n<p>Defense counsel\u2019s failure to move to exclude evidence wasn\u2019t ineffective assistance because there was no basis. Here, it was the seizure of items in plain view during execution of a warrant. United States v. Snowden, 2020 U.S. Dist. LEXIS 35933 (D.Nev. Mar. 2, 2020).*<\/p>\n\n\n\n<p>The CI\u2019s story that defendant sold drugs from his house was corroborated, credible enough, and showed probable cause. <a href=\"https:\/\/www.iowacourts.gov\/courtcases\/8523\/embed\/CourtAppealsOpinion\">State v. Blaess<\/a>, 2020 Iowa App. LEXIS 234 (Mar. 4, 2020).*<br \/><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defense counsel didn\u2019t file a motion to suppress evidence because defendant\u2019s stop likely was without reasonable suspicion, and a motion to suppress might well have been granted. However, there was a legitimate strategic reason for not moving to suppress which &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=42838\">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-42838","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42838","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=42838"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42838\/revisions"}],"predecessor-version":[{"id":42852,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42838\/revisions\/42852"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=42838"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=42838"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=42838"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}