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Lopez-Jiminez v. State

Defense counsel was not deficient for failing to raise a futile motion to suppress methamphetamine and related evidence, which officers seized from the defendant's residence pursuant to a valid search warrant supported by a detailed, legally sufficient affidavit.

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After a jury trial, Jose Rafael Lopez-Jimenez was convicted of the offense of trafficking in methamphetamine. His amended motion for new trial was denied, and he appeals, asserting the general grounds and ineffective assistance of counsel. Finding no error, we affirm.

1. Construed to support the jury’s verdict, the evidence shows that a police officer with the Atlanta DEA task force had a house in Duluth, Georgia under surveillance after receiving reports that it was an “active stash house.” While he was observing and photographing the house, Lopez “came out the front door and approached” him, and wanted to know what he was doing. There was a “for sale” sign in the yard,1 and the officer asked Lopez “if the home was in fact for sale.” Lopez responded that it was, but when the officer asked to see the inside Lopez refused, saying that he needed to contact the real estate agent or the homeowner.

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