CA11: New facts of alleged illegal search already ruled on not appropriate for successor habeas

Defendant’s attempt at a successor habeas on four grounds includes one that there is new evidence that he was wrongfully arrested. That was previously addressed before the new evidence claim, and it’s denied. “ An applicant cannot create a new claim by producing new supporting evidence and new legal arguments in support of a prior claim.” In re Files, 2021 U.S. App. LEXIS 24581 (11th Cir. Aug. 17, 2021) [Almost always, lack of probable cause for arrest is moot by conviction.]

There was probable cause for defendant’s Facebook, Google, and iCloud accounts. United States v. Elkorany, 2021 U.S. Dist. LEXIS 154923 (S.D.N.Y. Aug. 17, 2021).*

The tracking warrant was with probable cause and valid under the Fourth Amendment, and any state law violations are irrelevant. United States v. Brito-Arroyo, 2021 U.S. App. LEXIS 24595 (11th Cir. Aug. 18, 2021).*

“The defendant police officers here seek to appeal from a district court decision and order which found genuine and material factual disputes that cannot be separated from the officers’ arguments seeking qualified immunity. See Johnson, 515 U.S. at 320. Therefore, we DISMISS for lack of appellate jurisdiction.” Smith v. Finkley, 2021 U.S. App. LEXIS 24674 (7th Cir. Aug. 18, 2021)* [Not an uncommon occurrence; sometimes the distinctions are really fine and hard to articulate.]