{"id":7633,"date":"2012-08-26T10:26:10","date_gmt":"2012-08-26T10:25:27","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-08-26T10:25:27","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7633","title":{"rendered":"S.D.W.Va.: No IAC in waiving appeal of search issue that couldn&#8217;t be won"},"content":{"rendered":"<p>While defendant might have been misled concerning the fact he was waiving his suppression issue in a guilty plea, he wouldn\u2019t have won the appeal anyway, so there was no prejudice. Martin v. United States, 2012 U.S. Dist. LEXIS 119416 (S.D. W.Va. August 23, 2012).*<\/p>\n<p>The officers lacked reasonable suspicion that defendant was involved in any crime when they stopped him. It was just a generalized suspicion. The gun found on him was suppressed. United States v. Dapolito, 2012 U.S. Dist. LEXIS 119810 (D. Me. August 21, 2012).*<\/p>\n<p>There was no reasonable expectation of privacy in jail calls, and a wiretap warrant was not required. United States v. Anderson, 2012 U.S. Dist. LEXIS 120074 (W.D. N.Y. May 29, 2012),* adopted 2012 U.S. Dist. LEXIS 119853 (W.D. N.Y. August 23, 2012).*<\/p>\n<p>Reasonable suspicion defendant was armed came from his stopping at a drug house, being nervous, sweating like he was on drugs, being on federal supervised release from a gun charge (which he later admitted), and being a known gang member. United States v. Amaya, 2012 U.S. Dist. LEXIS 120160 (D. Utah August 23, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=7633\">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-7633","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7633","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=7633"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7633\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7633"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7633"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7633"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}