Defendant’s 2254 claim that his arrest was without probable cause on mistaken identity is foreclosed by Stone v. Powell the same as Fourth Amendment search claims. “The opportunity, regardless of whether it is acted upon at the state level, is all that is required to preclude federal habeas review. … Crucially, even errors in adjudicating Fourth Amendment claims are not an exception to Stone’s bar.” Fagans v. Dir., 2021 U.S. Dist. LEXIS 39466 (E.D. Tex. Jan. 25, 2021).
Defendant contended the affidavit for the search warrant omitted that he’d moved from the property between trash pulls so the second trash pull was wrong. Even omitting it there was probable cause. United States v. Juneau, 2021 U.S. Dist. LEXIS 39805 (D. Minn. Mar. 3, 2021).*