{"id":60078,"date":"2025-02-09T19:54:29","date_gmt":"2025-02-10T00:54:29","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60078"},"modified":"2025-02-10T09:04:22","modified_gmt":"2025-02-10T14:04:22","slug":"ne-not-iac-to-not-object-to-csli-business-records-after-motion-to-suppress-lost","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=60078","title":{"rendered":"NV: Not IAC to not object to CSLI business records after motion to suppress lost"},"content":{"rendered":"\n<p>Defense counsel wasn\u2019t ineffective for not objecting to the CSLI records which were coming in in any event as business records. He\u2019d objected before trial to the search and lost, and that was argued on direct appeal and lost. <a href=\"https:\/\/www.nebraska.gov\/apps-courts-epub\/public\/viewOpinion?docId=N00011839PUB\">State v. Goynes<\/a>, 318 Neb. 413 (Feb. 7, 2025).<\/p>\n\n\n\n<p>Any error in cell phone location information in the affidavit wasn\u2019t shown to be material or reckless. Defendant was seen on video in a robbery with the cell phone. That puts one at the scene. United States v. Jackson, 2025 U.S. App. LEXIS 2529 (6th Cir. Feb. 3, 2025).*<\/p>\n\n\n\n<p>\u201cCounsel&#8217;s failure to challenge the search warrant of the defendant&#8217;s backpack did not constitute ineffective assistance of counsel; the warrant was supported by probable cause.\u201d People v. Sobers, 2025 NY Slip Op 00679 (2d Dept. Feb. 5, 2025).*<\/p>\n\n\n\n<p>The traffic stop was valid, and an NCIC search produced a warrant that extended the stop. United States v. Clem, 2025 U.S. Dist. LEXIS 20654 (E.D. Ky. Jan. 26, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defense counsel wasn\u2019t ineffective for not objecting to the CSLI records which were coming in in any event as business records. He\u2019d objected before trial to the search and lost, and that was argued on direct appeal and lost. State &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=60078\">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":[124,23,63],"tags":[],"class_list":["post-60078","post","type-post","status-publish","format-standard","hentry","category-admissibility-of-evidence","category-ineffective-assistance","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60078","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=60078"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60078\/revisions"}],"predecessor-version":[{"id":60096,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60078\/revisions\/60096"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60078"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60078"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60078"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}