Defendant’s cell phone search prior to Riley comported with existing Fifth Circuit case law, so Davis good faith exception applies. United States v. Steric, 2015 U.S. Dist. LEXIS 12340 (N.D.Tex. February 2, 2015).*
The affidavits for search warrants provided probable cause for the search warrants. United States v. Shabazz, 2014 U.S. Dist. LEXIS 181546 (N.D. Ga. October 9, 2014),* adopted 2015 U.S. Dist. LEXIS 12282 (N.D. Ga. February 3, 2015).*
The trial court erred in granting the motion to suppress because it didn’t fully credit the citizen informant, treating him as one in the criminal milieu. The officer had reasonable suspicion for the stop of the defendant at 9:30 pm coming from behind a house where he didn’t belong. The trial court’s suggestion the persons coming out could have been workmen wasn’t reasonable considering the time of day. State v. Cutright, 2015-Ohio-374, 2015 Ohio App. LEXIS 355 (4th Dist. January 29, 2015).*
Plaintiff’s § 1983 claim that she was strip searched after transfer between jails after having been ordered released fails because she sued the supervisors and respondeat superior does not apply in 1983 cases. Dinote v. Danberg, 2015 U.S. App. LEXIS 1710 (3d Cir. February 4, 2015).*
The SW was particular enough, and the gun found qualified as in plain view. United States v. Robinson, 2015 U.S. Dist. LEXIS 13123 (S.D.Ala. February 4, 2015).*
The description of a “red boxy car” is different than a “red car” for reasonable suspicion purposes. United States v. Wilson, 2015 U.S. Dist. LEXIS 13298 (N.D. Ga. January 6, 2015).*
“Defendant had dreadlocks, he was of average height and build, he was in the age range as that reported by the witnesses, he was wearing a dark flat-billed cap, he was wearing jeans, and he was wearing a dark colored hoodie or jacket. Although this is not what would be characterized as a specific description of the suspect, it is a general description which fit defendant’s appearance at the time he was first observed by Officer Seever.” Therefore, the stop was justified. United States v. Staten, 2014 U.S. Dist. LEXIS 181596 (W.D. Mo. October 15, 2014).*
Sufficient indicia of impairment existed for defendant’s stop and administrative license suspension. His traffic violation, red, glassy, and bloodshot eyes, odor of alcohol, suspicious behavior, curious explanation for his behavior after he spotted the officers, prior operating a vehicle while under the influence of alcohol, and ALS, and refusal to submit to chemical and field-sobriety tests, taken together, established probable cause to believe that he was driving under the influence. State v. Carnes, 2015-Ohio-379, 2015 Ohio App. LEXIS 358 (1st Dist. February 3, 2015).*
On an application for a COA, petition is denied. The Fourth Amendment claim is barred by Stone v. Powell, and the effort to get to it via an IAC claim fails, too. It isn’t even fairly debatable that he could win on the merits of any of his arguments on the search. United States v. Diaz, 2015 U.S. App. LEXIS 1821 (10th Cir. February 4, 2015).*
