Defendant wasn’t seized by being bumped by police car because he went another three miles without stopping. “Moreover, the Eleventh Circuit and courts across different circuits have concluded that no seizure occurs where police attempt to stop a fleeing vehicle in more extreme manners and are ultimately unsuccessful.” By the time of the stop, officers had probable cause for drug offenses for other reasons. United States v. Orange, 2018 U.S. Dist. LEXIS 168265 (S.D. Ga. Sep. 29, 2018).
Just saying defense counsel was ineffective for not moving to suppress is meaningless. “Moreover, Defendant fails to present any cogent argument to support suppression. He fails to set forth deliberate falsehoods and offers no proof to support his claim that a hearing pursuant to Franks v. Delaware, 438 U.S. 154, 171-72 (1978) should have been requested. Finally, having reviewed the affidavit that formed the basis for the warrants, the Court discerns no basis for suppression based on Defendant’s current assertions.” United States v. Carey, 2018 U.S. Dist. LEXIS 168229 (E.D. N.Y. Sep. 29, 2018).*