IA: Def plead guilty and later overruling of case law suggested the stop was unreasonable; no IAC claim on direct appeal

An LPN check showed the 77 year old owner of the car had an expired DL. When the officer encountered the driver, it was obviously not the owner because of age. It was the owner’s daughter. The officer shortly determined that the defendant was likely under the influence. The stop and what continuation of it there was was reasonable at the time, and defendant pled guilty. After the appeal was filed, the state supreme court held that the stop must end when there no longer is reasonable suspicion. Defendant can’t pursue this as an IAC claim on direct appeal. State v. Welch, 2017 Iowa App. LEXIS 516 (May 17, 2017).*

Defendant’s Fourth Amendment claim was rejected by the state trial court and wasn’t cognizable on habeas. The COA was properly rejected. Dukes v. Warden, 2016 U.S. App. LEXIS 23696 (6th Cir. May 25, 2016).*

Defendant’s guilty plea waived his Fourth Amendment claim, so he can’t pursue it under § 2255. United States v. Good, 2017 U.S. Dist. LEXIS 75864 (D. Neb. May 18, 2017).*