{"id":57555,"date":"2024-04-08T11:23:00","date_gmt":"2024-04-08T16:23:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57555"},"modified":"2024-04-09T11:24:43","modified_gmt":"2024-04-09T16:24:43","slug":"ca9-no-iac-for-not-filing-a-motion-to-suppress-email-attachments-captured-by-email-provider-under-tos","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57555","title":{"rendered":"CA9: No IAC for not filing a motion to suppress email attachments captured by email provider under ToS"},"content":{"rendered":"\n

Defense counsel wasn\u2019t ineffective for not filing a motion to suppress because it was reasonable to conclude defendant had no reasonable expectation of privacy in email attachments with the email provider where the terms of service also said there was none. Vandyck v. United States<\/a>, 2024 U.S. App. LEXIS 8216 (9th Cir. Apr. 5, 2024).<\/p>\n\n\n\n

\u201cRuiz argues that \u2018[b]ecause the residence was searched absent a search warrant and without an applicable exception to the search warrant requirement the search was unreasonable.\u2019 ECF No. 50 at 1. The Court disagrees for three reasons. First, the officers lawfully discovered drugs in plain view during their protective sweep of the home. Second, even if the protective sweep was unlawful, Yingling and other Task Force members still had authority to search Ruiz’s home based on his parole status. Lastly, the good faith exception to the exclusionary rules applies.\u201d United States v. Ruiz, 2024 U.S. Dist. LEXIS 61831 (S.D. Iowa Apr. 1, 2024).*<\/p>\n\n\n\n

Defense counsel\u2019s failure to appeal denial of a motion to suppress isn\u2019t ineffective assistance of counsel where it never could succeed on the merits. United States v. Carter, 2024 U.S. Dist. LEXIS 61954 (E.D. Va. Apr. 3, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defense counsel wasn\u2019t ineffective for not filing a motion to suppress because it was reasonable to conclude defendant had no reasonable expectation of privacy in email attachments with the email provider where the terms of service also said there was … 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":[25,23,22,18],"tags":[],"class_list":["post-57555","post","type-post","status-publish","format-standard","hentry","category-e-mail","category-ineffective-assistance","category-protective-sweep","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57555","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=57555"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57555\/revisions"}],"predecessor-version":[{"id":57556,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57555\/revisions\/57556"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57555"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57555"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57555"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}