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N.D.Ga.: Defendant's arrest was because he matched description of robber and was where robber should be

By John Wesley Hall, Jr.

The victim of an armed robbery called the police and gave chase. When defendant was located, he was arrested; not because he was in a place where a robber might be, but because he exactly matched the description of the robber, and that was probable cause. United States v. Moulton, 2010 U.S. Dist. LEXIS 142059 (N.D. Ga. November 22, 2010).* Even if defense counsel was ineffective for not challenge defendant’s consent to search his cell phone, which he later withdrew and a search warrant was obtained for further search, the error would be harmless beyond a reasonable doubt for lack of prejudice to the accused. McRae v. United States, 2011 U.S. Dist. LEXIS 26743 (W.D. N.C. March 15, 2011).* Defendant was 23 with a sixth grade education, and he was found to have consented to the search of his house...continue to full post

Full post as published by Fourth Amendment on March 18, 2011 (boomark / email).