{"id":3280,"date":"2009-12-23T08:38:29","date_gmt":"2009-07-29T11:16:32","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-07-29T11:16:32","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3280","title":{"rendered":"D.Idaho: No IAC for not forecasting Gant<\/em>, even if it would have applied, which isn’t obvious"},"content":{"rendered":"

A Fourth Amendment claim is not cognizable in a \u00a7 2255 proceeding. As an IAC claim for not challenging a search incident, it is not clear that defendant would have prevailed. In any event, reliance on Gant<\/a> is unavailing because it was not the law at the time this case concluded. United States v. Madsen, 2009 U.S. Dist. LEXIS 64172 (D. Idaho July 23, 2009):<\/p>\n

The Court is aware that the Supreme Court recently narrowed the applicability of Belton to situations where “the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search” and where “it is reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle.” See Arizona v. Gant<\/a>, 129 S. Ct. 1710, 1714, 1719, 173 L. Ed. 2d 485 (2009). It may be arguable that under Gant, the search of Madsen’s vehicle may not have been upheld. However, the reality is that Gant was not the law at the time of counsel’s decision not to challenge the search. See Ingram v. City of Los Angeles<\/a>, 2009 U.S. App. LEXIS 10783, 2009 WL 1396833, *1 n.1 (9th Cir. May 20, 2009) (unpublished) (noting in the context of a \u00a7 1983 action that Gant was not clearly established law at the time of the incident in question).<\/p><\/blockquote>\n

Defendant was the subject of surveillance for drug activities, and the officers followed him home, blocking his car in his driveway. They told him they wanted to pat him down. There was no reason to believe that defendant was armed or committing a crime. Navamuel v. State<\/a>, 12 So. 3d 1283 (Fla. App. 4th DCA 2009).*<\/p>\n

Defense counsel was not ineffective for not arguing lack of PC in the face of clear PC. Sanders v. United States, 2009 U.S. Dist. LEXIS 64222 (E.D. N.Y. July 27, 2009).*<\/p>\n

Plaintiffs\u2019 claim that six Imans were arrested without probable cause and detained for six hours at MSP airport, essentially for praying in the airport, which startled other passengers, survives summary judgment. They were returning home from a conference of Imams in Minneapolis (where, one suppose, they will not go again). Shqeirat v. United States Airways Group, 645 F. Supp. 2d 765 (D. Minn. 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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