CA8: Pre-Jardines dog sniff at defendant’s window was governed by Jardines

A dog sniff of defendant’s apartment window was a violation of Jardines. While the sniff was pre-Jardines, there was no clear binding authority that the government could rely on for Davis good faith to apply. United States v. Burston, 2015 U.S. App. LEXIS 20266 (8th Cir. Nov. 23, 2015).

The § 2255 waiver provision precludes an IAC challenge to a search and seizure issue that was actually litigated. On the merits, defense counsel made the best argument he could over a two day suppression hearing and lost. Petitioner’s complaints about the representation wouldn’t change the outcome. Taylor v. United States, 2015 U.S. Dist. LEXIS 159387 (S.D.Ill. Nov. 25, 2015).*

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