Ineffective Assistance of Counsel Based on Counsel's Alleged Fourth Amendment Failures

Search & Seizure Law Report, Vol. 30, p. 41, 2003

U. of Pittsburgh Legal Studies Research Paper

8 Pages Posted: 29 Oct 2008

See all articles by John Burkoff

John Burkoff

University of Pittsburgh - School of Law (Emeritus)

Nancy M. Burkoff

University of Pittsburgh - School of Law (Emeritus)

Date Written: October, 28 2008

Abstract

Criminal defense counsel's failure to move to suppress evidence allegedly obtained in violation of the Fourth Amendment may be the basis for an ineffective-assistance-of-counsel claim raised on appeal or in a petition for habeas corpus relief. The framework governing review of such claims is complex, however, and appellants' and petitioners' ineffective assistance claims are generally unsuccessful. Professors John and Nancy Burkoff discuss the recent decisional law on this subject.

Keywords: right to counsel, ineffective assistance, sixth amendment, suppression motions, exclusionary rule

Suggested Citation

Burkoff, John and Burkoff, Nancy M., Ineffective Assistance of Counsel Based on Counsel's Alleged Fourth Amendment Failures (October, 28 2008). Search & Seizure Law Report, Vol. 30, p. 41, 2003, U. of Pittsburgh Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=1291357

John Burkoff (Contact Author)

University of Pittsburgh - School of Law (Emeritus) ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States

Nancy M. Burkoff

University of Pittsburgh - School of Law (Emeritus) ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-624-2009 (Phone)
412-648-2648 (Fax)

HOME PAGE: http://www.law.pitt.edu/people/nancy-m-burkoff

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