D.Me.: Fourth Amendment claim decided on appeal can’t be raised in 2255

Since defendant’s DNA Fourth Amendment claim was decided on the merits of his appeal, it can’t be litigated in a 2255. Thomas v. United States, 2015 U.S. Dist. LEXIS 133478 (D.Me. September 30, 2015).

Defendant’s consent to a blood draw for DUI marijuana was valid. “According to Alvarez, no consequences were explained to her. [¶] But no case holds, or least Alvarez has not cited one, that where a defendant signs a written form affirmatively stating ‘I, [defendant], do hereby consent to the withdrawal of a blood sample from my body,’ that written consent is insufficient because the officer did not advise the defendant that she did not have to sign the form. Even when the lack of the advisement is considered in connection with Alvarez’s custody status, age, and lack of prior contacts with law enforcement, there is simply no caselaw to support Alvarez’s urging of a constitutional violation.” United States v. Alvarez, 2015 U.S. Dist. LEXIS 135743 (N.D.Cal. October 5, 2015).*

A trunk lid bouncing open was reasonable suspicion for a stop. Commonwealth v. Williams, 2015 PA Super 216, 2015 Pa. Super. LEXIS 581 (October 6, 2015).*

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