Category Archives: Issue preclusion

S.D.N.Y.: ShotSpotter alert from a rooftop led to encounter then RS

A ShotSpotter report was specific as to a shot coming from a rooftop in the Bronx. That house was the subject of many police calls. This led to defendants being encountered by officers who discussed with them what was going … Continue reading

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CA11: That state court’s 4A ruling was wrong isn’t ground for habeas relief

Habeas petitioner’s allegation state court decision on his Fourth Amendment claim was erroneous isn’t enough to get appellate review under Stone. CoA denied. Cisneros v. Sec’y, Dept. of Correction, 2020 U.S. App. LEXIS 30618 (11th Cir. Sept. 24, 2020).* There … Continue reading

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W.D.Ky.: Def’s “Twitter page is rife with references to drug dealing and weapon possession” and that was PC

Defendant’s “Twitter page is rife with references to drug dealing and weapon possession. Lewis’ prior relationship with Doaty, coupled with Doaty’s own statements, corroborated her information and made it sufficiently reliable to justify a search of his vehicle.” It was … Continue reading

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N.D.N.Y.: Mere disagreement with state court 4A determination still bars habeas review

Defendant had his opportunity to litigate his Fourth Amendment claim in state court, and that bars habeas relief. Mere disagreement isn’t enough under Stone. Smith v. Superintendent, 2020 U.S. Dist. LEXIS 171480 (N.D. N.Y. Sept. 17, 2020)*:

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CA11: Carpenter isn’t retroactive; successor habeas denied

Defendant’s CSLI claim can’t be brought as a successor habeas petition. Carpenter isn’t retroactive. In re Witherspoon, 2020 U.S. App. LEXIS 29717 (11th Cir. Sept. 17, 2020). Defendant was in a stolen vehicle and had a backpack in it while … Continue reading

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D.Ariz.: VA drug tests for medical purposes were valid under the 4A special needs exception

Plaintiff challenged UA drug tests administered by the VA because the doctors there were trying to wean him off opiates. Those tests were reasonable under the special needs exception and for medical purposes. Gorney v. Veterans Administration, 2020 U.S. Dist. … Continue reading

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CA5: § 1983 4A claim that evidence was inadmissible at trial was Heck barred, and then waived on appeal

Plaintiff’s § 1983 Fourth Amendment claim was framed as a claim the evidence was inadmissible at trial. Thus it was barred. His appeal was over denial of IFP status, which was also denied, and he waived the Fourth Amendment claim … Continue reading

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N.D.N.Y.: Removal of shoes not a strip search

School administrator’s direction to a student to remove shoes was not a strip search. I.S. v. Binghamton City Sch. Dist., 2020 U.S. Dist. LEXIS 167370 (N.D. N.Y. Sept. 14, 2020). 2254 petitioner litigated and lost his illegal arrest claim in … Continue reading

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E.D.La.: Stone precludes CSLI claims from before Carpenter was decided

2254 petitioner was barred from a CSLI claim because it wasn’t raised in state court where he had an opportunity to litigate. It’s no defense to attempt to overcome Stone preclusion that Carpenter came after the trial court decision because … Continue reading

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OH5: 911 call of man carrying long gun on street wasn’t RS

Police received a 911 call that a man was carrying an “AK”-like long gun, hiding from passersby, and was apparently going to rob a store. Defendant was encountered openly carrying a gun, legal conduct, but he wasn’t hiding because the … Continue reading

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CA8: Apparent purchase on the street justified patdown

Defendant and companion observed buying drugs from someone on the street in a car and getting back to their car was reasonable suspicion. “There was ‘more’ here [than in Ybarra], however, for the officer had been told that two men … Continue reading

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CA6: Handcuffing too tight overcame QI

Plaintiff stated a claim that overcame qualified immunity that she was handcuffed too tight causing injury. Ouza v. City of Dearborn Heights, 2020 U.S. App. LEXIS 24679 (6th Cir. Aug. 5, 2020).* 2255 petitioner’s Fourth Amendment claim is barred by … Continue reading

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CA11: Stone bars 2254 on a 4A claim; the question is availability of a trial court remedy and appeal, not whether it was correct

2254 CoA denied under Stone. He had a suppression hearing in the trial court and appealed it. “While Mr. Brantley argued that the 2d DCA’s decision was unreasonable, he does not contend that he was denied the opportunity to argue … Continue reading

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CA9: Nevada JP’s PC determination never finalized has no preclusive effect in § 1983 case

A preliminary determination of probable cause by a justice of the peace that is not appealed is not entitled to preclusive effect under state law. Therefore, plaintiff states a claim for relief for his alleged false arrest despite that. Scafidi … Continue reading

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CA7: Factual mistake in state court opinion doesn’t justify habeas relief

A factual mistake in a state court’s decision on defendant’s Fourth Amendment claim for the inventory of his property still doesn’t merit habeas relief. Marling v. Littlejohn, 2020 U.S. App. LEXIS 21616 (7th Cir. July 13, 2020). Plaintiff’s claim for … Continue reading

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E.D.Cal.: Question for Stone v. Powell is: does the state provide a mechanism for “full and fair litigation” of a 4A claim, not whether def took advantage of it

The question for Stone v. Powell is: does the state provide a mechanism for “full and fair litigation” of a Fourth Amendment claim, not whether defendant took advantage of it. Barrera v. Sherman, 2020 U.S. Dist. LEXIS 118199 (E.D. Cal. … Continue reading

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