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Reply to this discussion post. Facts: The petitioner and four other suspects were riding in their car and they were stopped by police shorty after
Reply to this discussion post.
Facts: The petitioner and four other suspects were riding in their car and they were stopped by police shorty after robbing a service station. The suspects were identified by the service station attendants as well as witnesses, and their car was searched. Upon searching the car, the police found 2 guns and some ammunition. With this information, the police were able to search the suspects house the next day and found more guns and ammunition. During the defendants first trial, a mistrial was declared. During the second trial, the defendant did not get to meet with his attorney until a few minutes before the trial started. All evidence was submitted into trial, and the defendant was found guilty. The defendant appealed the ruling with the basis of ineffective assistance of council for not getting the evidence suppressed from trial.
Issue: Did the defendant receive ineffective assistance of council since he did not get to meet with his attorney until right before the trial? And was the evidence taken from the car and home taken illegally?
Holding: No, the defendant did not have ineffective assistance of council, and all evidence was found legally.
Rationale: Because there was probable cause to arrest the suspects after the service station robbery, the search was conducted with probable cause as well. The search of the house was based on the evidence that was found during the search of the car, which was also legal. There was also no basis for the ineffective assistance of council that the court could find.
https://supreme.justia.com/cases/federal/us/399/42/Links to an external site.
"Chambers v. Maroney, 399 U.S. 42 (1970)." Justia Law, supreme.justia.com/cases/federal/us/399/42/. Accessed 09 Apr. 2024.
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