IL: Direct appeal record isn’t adequate to determine IAC claim on failure to litigate consent search

The record doesn’t show the reason for waiving a Fourth Amendment claim against a consent search and whether a motion to suppress would have been granted if litigated. A collateral proceeding is the place to do it. People v. Williamson, 2018 IL App (3d) 150828, 2018 Ill. App. LEXIS 271 (May 14, 2018).

Plaintiff is a fired sheriff’s employee. She allegedly created a “slanderous” email under a pseudonym. It was sent through a fictitious email account on the TOR network but had an attachment that a little work identified her as the source. A search warrant for her house was sought to tie her to the “slanderous” comments. After the search, she was never charged with a crime. [What is the crime? I can’t see it.] Her suit claiming a Franks violation in the affidavit for the search warrant fails, and the officers get qualified immunity. Newell v. Wayne County, 2018 U.S. App. LEXIS 12459 (6th Cir. May 14, 2018).

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