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LA5: SW for house includes car in driveway with out-of-state LPN

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Officers with a search warrant for a house could search any car on the premises. One was a car with out-of-state plates with defendant sitting in the driveway. State v. Williams, 2013 La. App. LEXIS 1874 (La. App. 5 Cir. September 18, 2013). Defendant’s parking his car in front of a business driveway was reason for the officer to stop and inquire. Defendant was found DUI. State v. Weese, 2013 Ohio App. LEXIS 4215 (10th Dist. September 19, 2013).* In a post-conviction hearing for failure to pursue a motion to suppress because defendant was an overnight guest, the hearing court’s finding that defendant was not a guest was supported by the evidence, and defense counsel was thus not ineffective. Majors v. State, 2013 Tenn. Crim. App. LEXIS 794 (September 18, 2013).* Defense counsel was not ineffective for not arguing that South Carolina law would have prohibited his recorded jail call there from coming into evidence. He did argue Florida law on that issue, which if anything, is more protective of rights, applied, and the defense lost on that issue. There’s no reason to believe South Carolina law would be any better. Jackson v. State, 2013 Fla. LEXIS 2017 (September 19, 2013).*

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