D.Neb.: No REP in items hidden in bushes

“Defendant has not met his burden to establish a reasonable expectation of privacy in the items seized from the bush or on the ground at the apartment complex. Police seized items from public areas of an apartment complex, not from Defendant’s person.” Defendant was arrested after that with probable cause. United States v. Johnson, 2019 U.S. Dist. LEXIS 136106 (D. Neb Aug. 13, 2019).

2255 petitioner litigated his suppression motion before conviction, and it was procedurally barred by a post-conviction proceeding except for limited circumstances which aren’t here. Also his allegations are too vague to support relief. Braden v. United States, 2019 U.S. Dist. LEXIS 137448 (M.D. Tenn. Aug. 14, 2019).*

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