N.D.Ga.: Alleged pretext doesn’t matter where the stop is objectively reasonable and based on PC

Alleged pretext doesn’t matter where the stop is objectively reasonable. “As the Court has determined there was probable cause to support the traffic stop, the Court does not reach the issue of whether Lt. Henry had reasonable suspicion that the occupants of the Suburban were engaged in criminal activity in order to make an investigative stop of the vehicle. Thus, the Court makes no determination as to the Magistrate Judge’s findings on reasonable suspicion.” United States v. Lewis, 2019 U.S. Dist. LEXIS 217864 (N.D. Ga. Dec. 19, 2019).*

“Jonathan McCoy Logan pled guilty to drug and gun related offenses in two criminal cases pursuant to a plea agreement, and was sentenced to an agreed-upon 147 months of incarceration. Several months after his sentencing, the government informed Mr. Logan that an FBI agent who was indirectly involved with his case had tampered with evidence in other cases.” The agent was at the search but wasn’t even in the chain of custody on anything. The government’s disclosure doesn’t do anything to help in his 2255. CoA denied, too. United States v. Logan, 2019 U.S. Dist. LEXIS 218099 (D.D.C. Dec. 17, 2019).*

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