N.D.Fla.: 2254 doesn’t give jurisdiction over state law search and seizure claims

Defendant’s habeas claim that state law wasn’t followed in issuing a search warrant doesn’t state a 2254 claim. [Aside from Stone v. Powell, of course.] Roland v. Sec’y, Dept. of Correction, 2019 U.S. Dist. LEXIS 40581 (N.D. Fla. Mar. 13, 2019).

There was probable cause for the state search warrant based on the officer’s own information and observations. Moreover, there was a citizen informant whose information was corroborated. “ On the basis of that surveillance, Furlong prepared an affidavit and application that was reviewed by the county attorney and approved by a state judge. Under these circumstances, Furlong acted in good-faith when he carried out a search pursuant to the warrant.” Therefore, the good faith exception applied. United States v. StewartUnited States v. StewartUnited States v. Stewart, 2019 U.S. App. LEXIS 7344 (8th Cir. Mar. 13, 2019).*

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