{"id":52596,"date":"2022-06-16T07:24:00","date_gmt":"2022-06-16T12:24:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52596"},"modified":"2022-06-16T07:28:02","modified_gmt":"2022-06-16T12:28:02","slug":"atl-federal-judge-just-doesnt-feel-like-reading-the-fifth-circuits-cases","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=52596","title":{"rendered":"ATL: Federal Judge Just Doesn’t Feel Like Reading The Fifth Circuit’s Cases"},"content":{"rendered":"\n

And here, the defendant won on the search issue: ATL: Federal Judge Just Doesn’t Feel Like Reading The Fifth Circuit’s Cases <\/a>by Kathryn Rubino (\u201cIs this the most<\/em> relatable a federal judge has ever been?\u201d) discussing United States v. McKinney<\/a>, 21-50308 (5th Cir. June 10, 2022), prior opinion, United States v. McKinney, 2020 U.S. App. LEXIS 36333 (5th Cir. Nov. 16, 2020) posted here<\/a>, where the court remanded again for failure to make proper findings about the existence of reasonable suspicion (and the defendant has served his sentence):<\/p>\n\n\n\n\n\n\n\n

To the contrary, the officers\u2019 testimony confirms our previous interpretation of the facts: they specifically confirmed that the body-camera footage on which we previously relied reflected accurately what happened that night. Moreover, they confirmed that they stopped McKinney based on little more than the color of his clothing (while neglecting to stop or even question others wearing the same color), his location in a high-crime area (even though McKinney was carrying a grocery bag from the nearby food mart), and his wearing a windbreaker (which the officers admitted on remand was not particularly suspicious). In short, the officers\u2019 testimony does nothing to assuage our earlier concern that the officers stopped McKinney based on nothing more than a hunch. Nonetheless, the district court entered an order denying McKinney\u2019s motion to suppress that mirrored almost exactly its earlier order that we found wanting. Because the evidence introduced on remand does nothing to undercut our earlier analysis finding no reasonable suspicion to detain McKinney, we are bound to reverse the district court\u2019s denial of McKinney\u2019s motion to suppress.
<\/p><\/blockquote>\n\n\n\n

n.1:<\/p>\n\n\n\n

McKinney\u2019s counsel suggested that proceeding with an evidentiary hearing would be a \u201cnullity\u201d given that McKinney had already served his sentence, and asked the district court to dismiss the charges against McKinney because \u201csubtracting one conviction from Mr. McKinney\u2019s record does not materially [affect] his criminal history.\u201d The Government, however, contended that we had instructed the district court to hold an evidentiary hearing. The district court then scheduled an evidentiary hearing, but gave McKinney time to consider withdrawing his suppression motion. The district court then stated:<\/p><\/blockquote>\n\n\n\n

I follow Judge [Lucius Desha] Bunton\u2019s rule about Fifth Circuit opinions. \u201cThey can reverse me if they want to, but they can\u2019t make me read it,\u201d which I’m glad you all have read it. But I also — if my recollection is correct, none of those fine judges have ever tried a case or dealt with what we deal with on the street. But, anyway, what do I know?<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

And here, the defendant won on the search issue: ATL: Federal Judge Just Doesn’t Feel Like Reading The Fifth Circuit’s Cases by Kathryn Rubino (\u201cIs this the most relatable a federal judge has ever been?\u201d) discussing United States v. McKinney, … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-52596","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52596","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=52596"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52596\/revisions"}],"predecessor-version":[{"id":52598,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52596\/revisions\/52598"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52596"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52596"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52596"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}