{"id":7432,"date":"2012-09-14T08:24:16","date_gmt":"2012-07-16T20:06:46","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-07-16T20:06:46","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7432","title":{"rendered":"SD: Detention to get SW was unreasonable, but it wasn&#8217;t sufficient to suppress the search which was with a warrant"},"content":{"rendered":"<p>Officers smell burning marijuana and got consent to enter an apartment. An occupant demanded a warrant, so the police took them all in while they got one. As to this defendant, his seizure was unreasonable, but it had nothing to do with the validity of the warrant; the seizure was for only a few hours, and the court would not suppress. <a href=\"http:\/\/www.sdjudicial.com\/Uploads\/opinions\/26102.pdf\">State v. Tillman<\/a>, 2012 SD 57, 817 N.W.2d 812 (2012).<\/p>\n<p>Defense counsel was found not ineffective, and the record supports that finding. Defense counsel made a strategic choice not to call defendant at the suppression hearing [not telling us why or the effect]. After the suppression hearing, defendant pled guilty. [It doesn\u2019t tell us that the guilty plea cured the problem or not.] Defense counsel was accused of not preparing for the suppression hearing, too, but the record shows extensive questioning. Defense counsel had no notes from the examination and testified that he often prepares in his head so he can go with it as it develops. <a href=\"http:\/\/www.courts.ri.gov\/Courts\/SupremeCourt\/Opinions\/10-429.pdf\">Guerrero v. State<\/a>, 47 A.3d 289 (R.I. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=7432\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-7432","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7432","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7432"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7432\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7432"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7432"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7432"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}