CA2: The ability to raise a Fourth Amendment claim in state court is considered collateral estoppel, not just a Stone v. Powell bar

Having the ability to raise a Fourth Amendment claim in state court is considered collateral estoppel [not just a Stone v. Powell bar]. Phelan v. Sullivan, 541 Fed. Appx. 21 (2d Cir. 2013).*

Consent to search a house in the face of getting a search warrant is found voluntary, and the defendant’s version is discounted. There was no threat to arrest his sisters; the officers said they would potentially arrest the sisters if the circumstances justified it. United States v. Thompson, 2013 U.S. Dist. LEXIS 132541 (D. Conn. September 17, 2013).*

Michigan statute authorizes search of a parolee on reasonable suspicion that he’s violating the law, and that complies with Griffin. United States v. Koenig, 2013 U.S. Dist. LEXIS 132350 (E.D. Mich. September 17, 2013).*

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