Was the lawyer's failure to argue that the warrant was issued against Owens' house ineffective assistance of counsel?

A search warrant based on a barebones affidavit was issued. A detective's affidavit stated that three months earlier an informant had bought "a quantity of crack" from Owens at a house believed to be Owens's residence. A search turned up cocaine, marijuana, and guns that were used against Owens at his trial. There was no indication in the affidavit either of the actual quantity of crack or of the reliability of the informant. Owens's trial lawyer moved to suppress the evidence, arguing that a sale of an unknown quantity of an illegal drug three months before a search warrant was sought does not, without more establish probable cause to believe that the search of the premises on which the sale took place would turn up contraband or evidence of crime. This is a good argument because if the amount sold was very small it does not support the belief that the premises was a crack house, where drugs and other evidence can be expected to be present. Owens's lawyer was ineffectual in failing to get the fruits of the search suppressed because he failed to argue in addition that it was Owens's house in which the crack was found. This omission enabled the government to successfully argue that if it wasn't Owens's house, no right of his had been violated by the search. And so the motion to suppress failed.


Yes
The evidence was overwhelming that it was indeed Owens's house in which the crack was found. The lawyer's decision to bet his all on a denial of that fact and by doing so forfeit a compelling ground for excluding evidence essential to convict his client was therefore a blunder of the first magnitude. Had he acknowledged that it was Owens's house, the motion to suppress would have been granted and Owens

Criminal Justice

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