{"id":58986,"date":"2024-10-01T15:08:43","date_gmt":"2024-10-01T20:08:43","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58986"},"modified":"2024-10-01T15:08:43","modified_gmt":"2024-10-01T20:08:43","slug":"wa-arrest-and-search-for-a-probation-violation-of-a-conviction-that-could-have-been-sealed-but-wasnt-yet-was-valid","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58986","title":{"rendered":"WA: Arrest and search for a probation violation of a conviction that could have been sealed but wasn&#8217;t yet was valid"},"content":{"rendered":"\n<p>While defendant\u2019s drug conviction could have been sealed and thus not supported his probation violation arrest, it hadn\u2019t been yet, and the arrest was still valid. <a href=\"https:\/\/www.courts.wa.gov\/opinions\/pdf\/397335_pub.pdf\">State v. Balles<\/a>, 2024 Wash. App. LEXIS 1937 (Sep. 27, 2024).<\/p>\n\n\n\n<p>\u201cHaving reviewed [the reports and videos], the undersigned finds that competent attorneys could reasonably disagree on whether a motion to suppress challenging the length of the traffic stop was likely to succeed. As such, Norris has not shown that \u2018no competent attorney would  a motion to suppress would have failed[,]\u2019 \u2026 and thus has not shown that Colvin was ineffective under Strickland.\u201d Norris v. United States, 2024 U.S. Dist. LEXIS 175798 (S.D. Ala. Sep. 5, 2024).*<\/p>\n\n\n\n<p>\u201cBonner does not address the standing issue on appeal, but he repeats his claim, made before the trial court, that he \u2018does not live\u2019 nor is he \u2018connected\u2019 to the subject residence. Furthermore, the record simply contains no evidence by which the trial court could have concluded that, under the totality of the circumstances, Bonner had a reasonable expectation of privacy in the premises.\u201d And thus no standing. State v. Bonner, 2024-Ohio-4717 (6th Dist. Sep. 27, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>While defendant\u2019s drug conviction could have been sealed and thus not supported his probation violation arrest, it hadn\u2019t been yet, and the arrest was still valid. State v. Balles, 2024 Wash. App. LEXIS 1937 (Sep. 27, 2024). \u201cHaving reviewed [the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58986\">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":[11,23,34],"tags":[],"class_list":["post-58986","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-ineffective-assistance","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58986","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=58986"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58986\/revisions"}],"predecessor-version":[{"id":58987,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58986\/revisions\/58987"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58986"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58986"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58986"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}