M.D.Fla.: No prejudice for IAC where alleged 4A violation produced nothing for trial

One of defendant’s 2255 claims involved a search of a gun safe that had nothing of evidentiary value in it. It didn’t matter at trial, was a “red herring,” and there could be no prejudice. Belitsky v. United States, 2018 U.S. Dist. LEXIS 85236 (M.D. Fla. May 22, 2018).

“Because Lott committed a civil infraction, appeared more nervous than normal to a trained police officer, and then quickly admitted to marijuana in the car, the stop was not impermissibly extended.” United States v. Lott, 2018 U.S. Dist. LEXIS 86238 (E.D. Ky. May 23, 2018).*

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