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CA7: Defense counsel not filing a more elaborate motion to suppress hardly IAC where defendant could not win

By John Wesley Hall, Jr.

How to tell that the government is going to win: The first line of the opinion starts out "On June 7, 2006, Detective Jason Cebuhar, a 12-year veteran of the Rockford, Illinois, police department, received information ...." Defense counsel's not filing a more "elaborate" motion to suppress would not have changed the outcome. The consent question turned on credibility. The officers, of course, had no motive to lie. United States v. Dean, 2008 U.S. App. LEXIS 25845 (7th Cir. December 17, 2008) (this opinion was hardly worth publishing).* Assuming that the police violated the Fourth Amendment by holding for 48 days defendant's computer seized from the computer repair guys after the shop found child pornography, defendant's admissions when he was called in to talk about it and his consent to search his house for another hard drive was an independent source...continue to full post

Full post as published by Fourth Amendment on December 25, 2008 (boomark / email).