{"id":3380,"date":"2010-03-24T05:46:51","date_gmt":"2009-09-15T07:59:48","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-09-15T07:59:48","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3380","title":{"rendered":"MI: PBT to underage drinkers was a search, and ordinance authorizing it was unconstitutional"},"content":{"rendered":"

Administering PBT to minors suspected of underage drinking as permitted by a city ordinance was a search without any permissible exceptions. While local federal courts which held other city’s ordinances were not binding, they were persuasive. People v. Chowdhury<\/a>, 285 Mich. App. 509, 775 N.W.2d 845 (2009):<\/p>\n

The decisions in Spencer and Platte are both well-reasoned and consistent with existing Fourth Amendment law. Accordingly, we find Spencer and Platte to be persuasive, see Abela, 469 Mich at 607, and conclude that Troy Ordinance \u00a7 98.10.03 is unconstitutional on its face. Moreover, we agree with the Spencer court that “[t]here is nothing ‘special’ in the need of law enforcement to detect evidence of ordinary criminal wrongdoing,” and that “‘reasonableness generally requires the obtaining of a judicial warrant.'” Spencer, 292 F Supp 2d at 941 (citation omitted). The “special needs” exception to the search warrant requirement is quite simply not applicable on the facts of this case. Id.<\/p><\/blockquote>\n

The district court\u2019s finding of consent during a knock-and-talk was supported by the evidence. United States v. Anthony<\/a>, 345 Fed. Appx. 459 (11th Cir. 2009) (unpublished).*<\/p>\n

The officer had reasonable suspicion to detain the motorist long enough to get a drug dog to the scene to conduct a sniff. United States v. Davis<\/a>, 2009 U.S. App. LEXIS 20288 (11th Cir. September 11, 2009) (unpublished).*<\/p>\n

Defendant\u2019s 2255 claim that defense counsel was ineffective for not filing a motion to suppress to challenge the statements of the informant was not shown to be prejudicial. The government filed the affidavit with its response, and it shows that the motion would not be granted. United States v. Scott, 2009 U.S. Dist. LEXIS 82753 (N.D. Fla. April 7, 2009)*:<\/p>\n

Defendant’s vague claim of unreliable informants and false information is insufficient to establish any basis for a motion to suppress, and certainly does not establish ineffective assistance of counsel. Kimmelman v. Morrison, 477 U.S. 365, 382, 106 S.Ct. 2574, 2587-88, 91 L.Ed.2d 305 (1986) (“a good Fourth Amendment claim alone” does not demonstrate ineffective assistance of counsel for failing to raise it; “[o]nly those habeas petitioners who can prove under Strickland that they have been denied a fair trial by the gross incompetence of their attorneys will be granted the writ and will be entitled to retrial without the challenged evidence.”) (footnote omitted). Defendant has not demonstrated error of counsel or prejudice.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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