S.D.Ga.: It was reasonable to stop defendant and inquire where def was parked next to a dilapidated building

Defendant’s stop for parking near a dilapidated maybe abandoned structure was reasonable because the officers were justified in inquiring who he was and what he was doing. In their experience, this activity supported at least an inference that defendant might be breaking into the building. “Similarly, the [officer’s] briefly drawing his weapon did not convert the stop into an arrest.” United States v. Spencer, 2019 U.S. Dist. LEXIS 176504 (S.D. Ga. Oct. 10, 2019).*

One of defendant’s 2255 arguments was that defense counsel’s failure to file a motion to suppress (deemed waived on direct appeal) was prejudicial, but the claim is conclusory and without factual support. Moreover, the search appears valid. Durham v. United States, 2019 U.S. Dist. LEXIS 176421 (S.D. Fla. Oct. 9, 2019).*

Defense counsel was not ineffective for not raising a curtilage argument where defendant’s garage door was open and the contents was visible from the street. United States v. Tac Tran, 2019 U.S. Dist. LEXIS 175806 (C.D. Cal. Oct. 8, 2019).*