Plaintiff was arrested, searched, prosecuted, and acquitted. He claimed illegal search and seizure and police theft of property, but the claim was filed 2\u00bd years after the occurrence, and Illinois has a two year limitations period. \u201cClaims for wrongful search or wrongful deprivation of property accrue at the time of the search or seizure, and for wrongful detention when the person is \u2018detained pursuant to legal process\u2019\u2014meaning the date a judge determines that the custody is justified. Wallace v. Kato, 549 U.S. 384, 397, 127 S. Ct. 1091, 166 L. Ed. 2d 973 (2007); … The last of these dates is February 18, 2012, when Scott was released on bond and learned that the police would not return the items that he now characterizes as stolen.\u201d Scott v. City of Chicago, 2015 U.S. App. LEXIS 19103 (7th Cir. Nov. 2, 2015).*<\/p>\n
Without saying what it was that defense counsel failed to move to suppress and how the issue would have prevailed, the IAC claim fails. Kidd v. United States, 2015 U.S. Dist. LEXIS 148562 (N.D.W.Va. Nov. 3, 2015), R&R 2015 U.S. Dist. LEXIS 148561 (N.D.W.Va. September 8, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Plaintiff was arrested, searched, prosecuted, and acquitted. He claimed illegal search and seizure and police theft of property, but the claim was filed 2\u00bd years after the occurrence, and Illinois has a two year limitations period. \u201cClaims for wrongful search … Continue reading