CA9: Parole search ability extends to trunk of car

A parole search of the trunk of a car is still an area under the control of the defendant and subject to the search. And, CSLI before Carpenter is admissible. United States v. Korte, 2019 U.S. App. LEXIS 7672 (9th Cir. Mar. 15, 2019).

“In his final claim, Mr. Gladden argued that appellate counsel should have challenged the search warrant. The state post-conviction court already denied this ineffective assistance claim, and this decision was supported because counsel testified at the state evidentiary hearing that he pursued stronger arguments on appeal, the DNA results and their late admission, and counsel was not deficient for presenting better arguments. See Harrington v. Richter, 562 U.S. 86, 101, 131 S. Ct. 770, 178 L. Ed. 2d 624 (2011) (holding that this Court’s review of an ineffective assistance claim under § 2254(d) is ‘doubly’ deferential to counsel’s performance). The district court correctly denied this claim, and no COA will issue.” Gladden v. Phillips State Prison, 2019 U.S. App. LEXIS 7482 (11th Cir. Mar. 14, 2019).*

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