CA11: No CoA for 2255 where no 4A IAC because search was valid

CoA denied 2255 petitioner because the search was valid on the merits, so defense counsel couldn’t be ineffective. Smith v. United States, 2017 U.S. App. LEXIS 11902 (11th Cir. Jan. 9, 2017) (order).*

State law governs state officers; federal law federal officers. While a federal officer couldn’t execute a warrant for use in state court, he or she could for federal court. “The court in Little stated that it would have been beyond the state court’s authority to issue a warrant to an agent in his capacity as a federal agent. Little, 2017 Ala. Civ. App. LEXIS 56, 2017 WL 836553, at *3. Therefore, the warrant authorized seizure by state officials in this case.” United States v. $389,820.00 in United States Currency, 2017 U.S. Dist. LEXIS 99941 (M.D. Ala. June 28, 2017).*

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