Plaintiff was held without a hearing as an alleged material witness, but never presented to a court. The district court granted qualified immunity, and the court of appeals reversed. Her rights were clearly established that she was entitled to be timely brought before a judicial officer. A person seized as a material witness has Fourth Amendment rights, too. Simon v. City of New York, 2018 U.S. App. LEXIS 16744 (2d Cir. June 21, 2018).
Petitioner fails to state an IAC claim that defense counsel failed to file a meritorious motion to suppress. At his plea, he agreed that defense counsel had done all that he reasonably could for him, and that the searches were consensual in the statement of facts for the plea. Cilla v. United States, 2018 U.S. Dist. LEXIS 103290 (S.D. Fla. June 20, 2018).*