{"id":57455,"date":"2024-03-28T09:17:21","date_gmt":"2024-03-28T14:17:21","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57455"},"modified":"2024-03-28T09:17:21","modified_gmt":"2024-03-28T14:17:21","slug":"s-d-ohio-defense-of-denial-of-possession-in-drug-case-meant-no-assertion-of-standing-to-challenge-the-search-so-no-iac","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57455","title":{"rendered":"S.D.Ohio: Defense of denial of possession in drug case meant no assertion of standing to challenge the search, so no IAC"},"content":{"rendered":"\n<p>Since the defense was not my dope, not filing a motion to suppress where standing would have to be pled and shown was not ineffective assistance of counsel. United States v. Robinson, 2024 U.S. Dist. LEXIS 52526 (S.D. Ohio Mar. 25, 2024).<\/p>\n\n\n\n<p>A Shotspotter report brought officers to the scene, and a man yelled &#8220;they went that way&#8221; and defendant was running away. That was reasonable suspicion. United States v. Aguilera, 2024 U.S. Dist. LEXIS 51636 (N.D. Cal. Mar. 22, 2024).*<\/p>\n\n\n\n<p>The stop and frisk of defendant\u2019s companion on the street that lasted 30 seconds did not involve defendant. Indeed, the officers didn\u2019t even talk to him at the time. Defendant\u2019s own stop later did involve reasonable suspicion. The court notes the bodycam video shows the L shaped object the officers thought was a gun on him. He argues Bruen made it legal, but the court also notes that he acted suspiciously, like he knew not to have a gun. United States v. Torres, 2024 U.S. Dist. LEXIS 51490 (S.D.N.Y. Mar. 22, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Since the defense was not my dope, not filing a motion to suppress where standing would have to be pled and shown was not ineffective assistance of counsel. United States v. Robinson, 2024 U.S. Dist. LEXIS 52526 (S.D. Ohio Mar. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=57455\">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":[23,69,4],"tags":[],"class_list":["post-57455","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-seizure","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57455","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=57455"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57455\/revisions"}],"predecessor-version":[{"id":57456,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57455\/revisions\/57456"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57455"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57455"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57455"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}