Petitioner\u2019s argument \u201cthe state courts failed to apply a colorable application of the correct Fourth Amendment constitutional standards,\u201d a \u201cbold claim,\u201d doesn\u2019t overcome the Stone v. Powell bar. He did in fact litigate the Fourth Amendment claim in the state court, and that\u2019s all habeas requires. Musacco v. Franco, 2016 U.S. Dist. LEXIS 192224 (D. N.M. Aug. 3, 2016).<\/p>\n
Another Playpen warrant sustained. United States v. Allen, 2017 U.S. Dist. LEXIS 205882 (E.D. N.Y. Dec. 13, 2017).*<\/p>\n
General questions about a crime in the vicinity was all by consent. Defendant was ultimately arrested, and the search of his backpack was valid as a search incident. United States v. Ford, 2017 U.S. Dist. LEXIS 204083 (W.D. Tenn. Dec. 12, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Petitioner\u2019s argument \u201cthe state courts failed to apply a colorable application of the correct Fourth Amendment constitutional standards,\u201d a \u201cbold claim,\u201d doesn\u2019t overcome the Stone v. Powell bar. He did in fact litigate the Fourth Amendment claim in the state … Continue reading