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E.D.Tenn.: No IAC for not challenging a search with PC

By John Wesley Hall, Jr.

Defense counsel was not ineffective for not challenging the search of defendant's car because the officer had probable cause to believe the car contained contraband. [The court notes Gant "calls into question the continued viability of New York v. Belton" but does not have to decide that.] Mark v. United States, 2009 U.S. Dist. LEXIS43579 (E.D. Tenn. May 20, 2009).* [This is it for today]

Full post as published by Fourth Amendment on May 27, 2009 (boomark / email).