{"id":8976,"date":"2013-06-29T11:03:08","date_gmt":"2013-06-29T11:03:08","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-06-29T11:03:08","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8976","title":{"rendered":"IA: Defense counsel ineffective for overlooking valid motion to suppress"},"content":{"rendered":"<p>Defense counsel overlooked a valid motion to suppress, and that\u2019s prejudice. Conviction reversed and remanded. A motion was filed, but denied by the trial court as untimely. [Why couldn&#8217;t the trial court see this coming?] <a href=\"http:\/\/www.iowacourts.gov\/court_of_appeals\/Recent_Opinions\/20130626\/3-501.pdf\">State v. Hollie<\/a>, 2013 Iowa App. LEXIS 707 (June 26, 2013).<\/p>\n<p>Defense counsel did not file a motion to suppress that would have been meritless under the automobile exception, so there was no duty to file one. <a href=\"http:\/\/www.iowacourts.gov\/court_of_appeals\/Recent_Opinions\/20130626\/3-220.pdf\">Caldwell v. State<\/a>, 2013 Iowa App. LEXIS 669 (June 26, 2013).<\/p>\n<p>As defendant was being pulled over for a taillight infraction, \u201cMcCoy made a furtive movement toward the center console as he stopped his car, a movement that was captured on a police recording of the incident.\u201d When the officer looked in the car there were marijuana seeds scattered about. Defendant said they were left over from a previous drug arrest in the car. There was probable cause to search the car. <a href=\"http:\/\/www.iowacourts.gov\/court_of_appeals\/Recent_Opinions\/20130626\/3-356.pdf\">State v. McCoy<\/a>, 2013 Iowa App. LEXIS 674 (June 26, 2013).*<\/p>\n<p>A CI (probably a citizen informant) reported likely hand-to-hand drug sales occurring out of a described car in front of a Radio Shack. The car was found and that was sufficient information for the officers to encounter the occupants. <a href=\"http:\/\/www.iowacourts.gov\/court_of_appeals\/Recent_Opinions\/20130626\/3-429.pdf\">State v. Hill<\/a>, 2013 Iowa App. LEXIS 698 (June 26, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8976\">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-8976","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8976","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=8976"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8976\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8976"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8976"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8976"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}