Category Archives: Ineffective assistance

S.D.N.Y.: Army CID did not violate Posse Comitatus Act by watching CP investigation at West Point

A West Point cadet was the target of a child pornography investigation. HSI investigated it, and the Army CID didn’t violate the Posse Comitatus Act in being there but not doing anything. Hester v. United States, 2019 U.S. Dist. LEXIS … Continue reading

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E.D.Mo.: Older information in SW application substantiated by CI information from day before; not stale

Parts of the information were old, but the search warrant was not stale because a critical part of the affidavit showed that there was credible reason to believe drugs would be found there because of the CI’s observation the day … Continue reading

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D.Me.: No withdrawal of plea for alleged 4A IAC where search was valid

Defendant doesn’t get to withdraw his plea to claim ineffective assistance of counsel to his search under a supervised release condition. The search appears lawful. United States v. Goguen, 2019 U.S. Dist. LEXIS 152148 (D. Me. Sept. 6, 2019):*

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CA2: RS of stolen car not immediately dispelled by computer check

Officers had unusual facts during their stop of defendant that supported reasonable suspicion the vehicle might be stolen. Even a computer check didn’t completely dispel reasonable suspicion, so brief continuation of the stop was proper. United States v. Wallace, 2019 … Continue reading

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CA5: Assuming def’s suppressed search led to custody and his incriminating jail call, the call was attenuated under Strieff

The district court suppressed one of defendant’s searches that led to his arrest. While in jail, he made incriminating phone calls about the location of drugs. Assuming that the call from the jail was a fruit of the unreasonable search, … Continue reading

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MN: CSLI obtained by state statute was valid because of PC showing; it also complied with Carpenter

Defendant’s CSLI was obtained under a state statute that had a probable cause requirement, and the state showed it. There were two statutes involved, and the wrong one was cited, but the state nonetheless met the standards of both. The … Continue reading

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MA: Def’s statement was suppressed, and that led to suppression of phone and CSLI for lack of nexus

Defendant’s cell phone search was based on a statement in violation of Miranda, and it must be suppressed. When the affidavit for the search warrant for defendant’s CSLI has the information removed that was the product of that search, there … Continue reading

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E.D.Va.: Request for consent within 20 seconds of handing over tickets didn’t unreasonably extend stop

A request for consent within 20 seconds of handing the tickets to the defendant did not unreasonably extend the stop. The court finds the consent voluntary. United States v. Perez-Almeida, 2019 U.S. Dist. LEXIS 144705 (E.D. Va. Aug. 26, 2019). … Continue reading

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S.D.N.Y.: 2255 petitioner succeeds in showing overlooked motion to suppress would have been granted

2255 petitioner makes his case that defense counsel was ineffective for not moving to suppress the impoundment and search of his car as illegally parked because it wasn’t. Counsel’s wife was seriously ill, and he was out of the office … Continue reading

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S.D.N.Y.: Govt subpoena to photograph gang tattoos of incarcerated def not violation of 4A or 5A

The government seeks a subpoena to photograph defendant’s tattoos in an effort to corroborate gang membership. The motion to suppress is denied. “The Court is persuaded that the Government search contemplated by the description in the August 7 Letter is … Continue reading

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N.D.W.Va.: Delay in initiating protective sweep was reasonable because officer was waiting for backup

The officer’s warrantless entry into defendant’s house was reasonable based on exigency of the potential for destruction of drugs. Once he was in the basement on a protective sweep, he found a firearm. Defendant argues his delay in the basement … Continue reading

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E.D.Mich.: 2255 IAC challenge to warrant completely contradicted by record of conviction and appeal [this was farfetched]

Defendant’s 2255 Fourth Amendment/Sixth Amendment ineffectiveness challenge completely contradicts the position taken in the district court and his admissions before conviction and on appeal. Defense counsel couldn’t be ineffective for not coming up with that. United States v. Fonville, 2019 … Continue reading

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