Defendant didn’t get ineffective assistance of counsel from defense counsel not challenging warrantless CSLI production without a warrant before Carpenter. United States v. Lewisbey, 2018 U.S. Dist. LEXIS 165566 (N.D. Ill. Sep. 27, 2018).
Defendant claimed for the first time on appeal that state officers had no authority to arrest except for crimes in their presence, and that’s waived. [It would have lost on the merits anyway under Virginia v. Moore: The Fourth Amendment doesn’t care about state laws.] On the question of third party consent, the evidence supports the district court’s findings, so there is no clear error. United States v. Kellam, 2018 U.S. App. LEXIS 27673 (3d Cir. Sep. 28, 2018).*