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View Full Version : Challenging a search on appeal



adamnawroc
08-07-2012, 04:41 PM
What states allow defendants to plead guilty and then challenge the search of evidence on appeal?

I know in most states, by pleading guilty, a defendant waives any claim that evidence was illegally seized.. but I'm curious.

nene57
08-07-2012, 06:29 PM
Hmm, that is an interesting question. I suppose anything is possible with a very slick lawyer. It would be an uphill battle for sure.

RadicalDude
06-28-2013, 07:33 AM
You could probably do it if you could raise an issue after-the-fact that your lawyer was incompetent/ineffective counsel(if he was).
If your lawyer just didn't do it because he sucks at being a lawyer, you may have grounds. Or if you can show you were coerced into pleading guilty, threatened, etc, you may be able to do it on those grounds.