{"id":8729,"date":"2013-06-19T09:39:50","date_gmt":"2013-05-09T09:16:04","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-05-09T09:16:04","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8729","title":{"rendered":"DC Cir.: Failure to renew suppression motion at trial not IAC because of no prejudice"},"content":{"rendered":"<p>At the suppression hearing over defendant\u2019s statement, he conceded he wasn\u2019t even in custody, so that made his statement problematic anyway. However, the testimony of an officer changed between the suppression hearing (spontaneous statement) and trial (in a back-and-forth conversation) and defense counsel failed to renew it. Since the thing admitted to involved an acquitted count, defendant can\u2019t show Strickland prejudice, so no error. <a href=\"http:\/\/www.cadc.uscourts.gov\/internet\/opinions.nsf\/B0B38E15BACA25B385257B64004E8B77\/$file\/09-3017-1434592.pdf\">United States v. Branson-Scott<\/a>, 714 F.3d 616 (D.C. Cir. 2013).*<\/p>\n<p>Defendant was in a rented car stopped for a traffic violation, and he was \u201coverly communicative.\u201d The officer contacted others and found out that defendant\u2019s prior car rentals had dog alerts for drugs but no drugs in the car. A dog alerted on this car, and defendant had white residue in his nose. At that point he was handcuffed, and it was reasonable. The stop was not extended too long. United States v. Foreste, 2013 U.S. Dist. LEXIS 64962 (D. Vt. May 7, 2013).<\/p>\n<p>Driving on a suspended DL justified a search incident. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/10\/2013\/2013-ohio-1873.pdf\">State v. Smith<\/a>, 2013 Ohio 1873, 2013 Ohio App. LEXIS 1753 (10th Dist. May 7, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8729\">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-8729","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8729","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=8729"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8729\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8729"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8729"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8729"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}