Counsel’s Ineffectiveness For Failing to move to suppress controlled substances, Illegal Arrest

Apr 30, 2020

Counsel was ineffective for failing to move to suppress controlled substances found in defendant’s backpack following an illegal arrest and search incident to that illegal arrest. Counsel’s Ineffectiveness is apparent on the face of the record, which showed that sole basis for arrest was violation of county ordinance for being in a city park after closing, which was an offense punishable by fine, not an arrestable offense; and court can think of no strategic rationale or reasonable basis to forego filing of motion to suppress under these circumstances. The defendant was prejudiced where the only evidence supporting the charge against him was contraband found in backpack. Remand for discharge of defendant.

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