Defense counsel at trial was ineffective for not filing a motion to suppress that would have prevailed on protective sweep. Habeas relief granted. State courts’ conclusions were contrary to clearly established Fourth Amendment law under Williams v. Taylor, 529 U.S. 362, 405-06 (2000). Howie v. Crow, 2006 U.S. Dist. LEXIS 82283 (W.D. N.C. November 9, 2006).<\/p>\n
Question of PC need not be decided in this case because it is clear that the GFE applied. United States v. Jimenez, 205 Fed. Appx. 656 (10th Cir. 2006)* (unpublished). Comment: This is not the preferred method of resolving good faith exception claims, and I vehemently disagree with punting the PC issue without thinking. But, if the court, in its gut, knows that PC was present, why spend a long time discussing it when the GFE claim is obvious? If so, they should at least just mention something like “we believe probable cause was present, but we do not address it because the good faith exception obviously applies.”<\/p>\n","protected":false},"excerpt":{"rendered":"
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