In a 2255 case, it wasn’t ineffective assistance for defense counsel to fail to make a Franks challenge to a misstatement of crack v. powder cocaine in a search warrant application. United States v. Moyer, 2017 U.S. Dist. LEXIS 79279 (W.D. Va. May 23, 2017).
Reasonable suspicion: “Here, based on Hamilton’s non-compliance with the officer’s repeated commands to stop, his rapid walking away from the officer, and the gripping movements Hamilton made at his waistband, a reasonably prudent man in the circumstances in which Sergeant Soriano found himself would be warranted in the belief that his safety or that of others was in danger.” Pulling his service weapon for protection still didn’t make it an arrest. United States v. Hamilton, 2017 U.S. Dist. LEXIS 79657 (S.D. N.Y. May 24, 2017).*