{"id":59456,"date":"2024-11-28T11:41:22","date_gmt":"2024-11-28T16:41:22","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59456"},"modified":"2024-11-28T11:50:34","modified_gmt":"2024-11-28T16:50:34","slug":"ca8-pro-se-defs-standby-counsel-not-ineffective-at-suppression-hearing-not-counsels-role","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59456","title":{"rendered":"CA8: Pro se def&#8217;s standby counsel not ineffective at suppression hearing; not counsel&#8217;s role"},"content":{"rendered":"\n<p>Defendant chose to go pro se at the suppression hearing, grudgingly accepting standby counsel. After the motion to suppress was denied, he claimed ineffective assistance by standby counsel for not doing more. But that\u2019s not standby counsel\u2019s role. <a href=\"https:\/\/ecf.ca8.uscourts.gov\/opndir\/24\/11\/232901P.pdf\">United States v. Lemicy<\/a>, 2024 U.S. App. LEXIS 30000, 2024 WL 4888913 (8th Cir. Nov. 26, 2024).<\/p>\n\n\n\n<p>Defendant\u2019s argument that the warrantless search of his girlfriend\u2019s apartment finding him fails because he was on supervised release, and they were looking for him. The same with the search of his cell phone: it was valid because he was on supervised release. United States v. Robinson, 2024 U.S. App. LEXIS 30002 (2d Cir. Nov. 26, 2024).*<\/p>\n\n\n\n<p>Because of factual disputes whether plaintiff was armed when the defendant officer shot him, qualified immunity isn\u2019t appealable. Fact questions remain. Clerkley v. Holcomb, 2024 U.S. App. LEXIS 29997 (10th Cir. Nov. 26, 2024).*<\/p>\n\n\n\n<p>Not search cases but: After a fire, defendant\u2019s cell phone records were obtained with a warrant and they put the lie to defendant\u2019s version of how she awoke to a fire in her house. State v. Neal, 2024 Tenn. Crim. App. LEXIS 525 (Nov. 26, 2024).* After a fight in the front yard, police learn of a Ring camera and get a warrant for it convicting defendant. Marshall v. Commonwealth, 2024 Va. App. LEXIS 685 (Nov. 26, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant chose to go pro se at the suppression hearing, grudgingly accepting standby counsel. After the motion to suppress was denied, he claimed ineffective assistance by standby counsel for not doing more. But that\u2019s not standby counsel\u2019s role. United States &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59456\">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":[5,58,40,111],"tags":[],"class_list":["post-59456","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-probationparole-search","category-qualified-immunity","category-suppression-hearings"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59456","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=59456"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59456\/revisions"}],"predecessor-version":[{"id":59459,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59456\/revisions\/59459"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59456"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59456"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59456"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}