{"id":4095,"date":"2010-05-16T18:32:26","date_gmt":"2010-04-23T13:25:20","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-04-23T13:25:20","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4095","title":{"rendered":"E.D.Ky.: Defense counsel not ineffective for not raising aerial surveillance as unreasonable in light of <em>Riley<\/em> from 21 years ago"},"content":{"rendered":"<p>Defense counsel was not ineffective for not raising aerial surveillance as a Fourth Amendment violation since that issue is foreclosed by <a href=\"http:\/\/scholar.google.com\/scholar_case?case=15702097135289839333&amp;q=florida+v.+riley&amp;hl=en&amp;as_sdt=1002\">Florida v. Riley<\/a>. United States v. Manns, 2010 U.S. Dist. LEXIS 38565 (E.D. Ky. April 20, 2010).*<\/p>\n<p>A valid protective sweep occurred in conjunction with an arrest warrant, and boxes of financial records were seen. A search warrant later issued. Because the motion would have failed, it was within the professional judgment of the lawyer to not challenge it. Skrzypek v. United States, 2010 U.S. Dist. LEXIS 38573 (N.D. Ill. April 20, 2010).*<\/p>\n<p>Officers had probable cause after a plain view. It was immediately apparent to the officers they were dealing with bootleg Nike shoes. United States v. Tarpley, 2010 U.S. Dist. LEXIS 39188 (W.D. Pa. April 21, 2010).*<\/p>\n<p>Defendant argued that a list of names was stolen from him by the police. The court finds as  a fact that he gave the list voluntarily during his seven different statements. United States v. Bonner, 2010 U.S. Dist. LEXIS 38586 (M.D. Pa. April 20, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4095\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4095","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4095","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4095"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4095\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4095"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4095"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4095"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}