{"id":56269,"date":"2023-11-07T08:33:05","date_gmt":"2023-11-07T13:33:05","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56269"},"modified":"2023-11-07T08:33:05","modified_gmt":"2023-11-07T13:33:05","slug":"tn-no-iac-to-distance-def-from-property-of-another-and-claim-no-standing","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56269","title":{"rendered":"TN: No IAC to distance def from property of another and claim no standing"},"content":{"rendered":"\n<p>Defense counsel wasn\u2019t ineffective for not filing a motion to suppress property that wasn\u2019t his but where he spent time. The trial strategy was to distance defendant from the property, and asserting a reasonable expectation of privacy in the property tied him to it. <a href=\"https:\/\/www.tncourts.gov\/sites\/default\/files\/OpinionsPDFVersion\/HortonDouglasEugeneOPN.pdf\">Horton v. State<\/a>, 2023 Tenn. Crim. App. LEXIS 449 (Nov. 6, 2023).<\/p>\n\n\n\n<p>Defendant\u2019s car was searched by the police finding only a shell casing. It was to be towed and the tow truck driver, freeing a stuck gearshift, found a gun hidden in the console, and he called the police. The tow truck driver was a private actor, and no motion to suppress would have succeeded. United States v. Dejean, 2023 U.S. Dist. LEXIS 198493 (E.D. La. Nov. 6, 2023).*<\/p>\n\n\n\n<p>Plaintiff\u2019s claim against an animal rights group that procured a search warrant for dogs locked in a garage fails because there was probable cause. Barraclough v. Animal Friends, Inc., 2023 U.S. Dist. LEXIS 198529 (W.D. Pa. Nov. 6, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defense counsel wasn\u2019t ineffective for not filing a motion to suppress property that wasn\u2019t his but where he spent time. The trial strategy was to distance defendant from the property, and asserting a reasonable expectation of privacy in the property &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56269\">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":[23,43,20,34],"tags":[],"class_list":["post-56269","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-private-search","category-probable-cause","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56269","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=56269"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56269\/revisions"}],"predecessor-version":[{"id":56270,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56269\/revisions\/56270"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56269"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56269"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56269"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}