{"id":55017,"date":"2023-05-28T13:38:08","date_gmt":"2023-05-28T18:38:08","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55017"},"modified":"2023-05-28T13:38:08","modified_gmt":"2023-05-28T18:38:08","slug":"ga-not-objecting-to-mention-of-probation-search-at-trial-was-not-iac","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55017","title":{"rendered":"GA: Not objecting to mention of “probation” search at trial was not IAC"},"content":{"rendered":"\n

Not objecting to defendant\u2019s probation status where it came up as a probation search was not unreasonable. Plus, it would have otherwise come in. \u201cHutcheson’s probation status was thus necessary to complete the State’s story of the crime. Trial counsel’s failure to make a meritless objection to the admission of the brief references to Hutcheson’s probation status and the Fourth Amendment waiver was thus not deficient performance.\u201d Hutcheson v. State<\/a>, 2023 Ga. App. LEXIS 219 (May 25, 2023).<\/p>\n\n\n\n

One spouse has no constitutional right to be present during the arrest of the other. Nothing supports such an argument. Grega v. Vroman, 2023 U.S. Dist. LEXIS 91369 n.11 (W.D. Pa. May 22, 2023)* (here it was framed in as the husband has a right to be present when his wife is arrested).<\/p>\n\n\n\n

Defense counsel wasn\u2019t ineffective for not moving to suppress the 2010 search of his cell phone based on the law then. Alvarez v. Williams, 2023 U.S. Dist. LEXIS 91629 (D. Nev. May 25, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Not objecting to defendant\u2019s probation status where it came up as a probation search was not unreasonable. Plus, it would have otherwise come in. \u201cHutcheson’s probation status was thus necessary to complete the State’s story of the crime. Trial counsel’s … Continue reading →<\/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":[5,11,58,59],"tags":[],"class_list":["post-55017","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-good-faith-exception","category-probationparole-search","category-scope-of-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55017","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=55017"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55017\/revisions"}],"predecessor-version":[{"id":55018,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55017\/revisions\/55018"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55017"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55017"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55017"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}