CA10: Defense counsel not ineffective for not predicting Fourth Amendment developments

Defendant’s request for a COA of the denial of his § 2255 is denied. Reasonable jurists would not agree he had any chance of success on appeal for not citing cases not yet decided at the time of the suppression hearing or in failing to predict future developments in Fourth Amendment law. United States v. Jacquez, 10-2165 (10th Cir. February 11, 2011).

Defendant’s driving left of center was reasonable suspicion for his stop. Once stopped, his admission he had four or five beers just before driving was probable cause. State v. Hatfield, 2011 Ohio 597, 2011 Ohio App. LEXIS 506 (5th Dist. February 2, 2011).*

Defendant consented to the officer’s viewing of his call log on his cell phone. United States v. Yazzie, 2011 U.S. Dist. LEXIS 13360 (D. S.D. February 10, 2011), R&R 2011 U.S. Dist. LEXIS 13420 (D. S.D. January 25, 2011).*

Defendant’s stop was with reasonable suspicion, so the immediate use of drug dog did not prolong the stop, and that provided probable cause of the search of the car. United States v. Patton, 2010 U.S. Dist. LEXIS 141236 (E.D. Tenn. December 28, 2010).*