CA8 decides merits of state search claim to find it valid and thus no “Strickland prejudice”

Defendant suffered no Strickland prejudice from defense counsel’s failure to file a motion to suppress the contents of a Crown Royal bag that was found in a search for a long barrelled gun. A kitchen cabinet was opened and drugs were found with the bag. Assuming that the gun could not have been found in the bag, police could have gotten a search warrant for the bag after finding the drugs, and it was inevitably discovered. Thus, the search was legal and there is no prejudice. Hogan v. Kelley, 2016 U.S. App. LEXIS 11063 (8th Cir. June 20, 2016).

Plaintiff’s domestic partner called the City to come to repair a broken window of a neighbor’s house thinking for some reason that they would. When inspectors got there to look, they noticed that plaintiff’s house had a boarded up window. She gave permission to inspect. Housing code violations were noted. Three days later there was also another inspection by consent so § 1983 case fails. No evidence was produced that he was targeted because he was black. Rutledge v. City of Chicago, 2016 U.S. App. LEXIS 10959 (7th Cir. June 17, 2016).*

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