The drug dog broke the plane of the window, and that\u2019s a trespass. There was no probable cause at that point, and the R&R is rejected. The motion to suppress is granted. United States v. Buescher, 2023 U.S. Dist. LEXIS 164807 (N.D. Iowa Sep. 12, 2023).<\/p>\n\n\n\n
To litigate a 2254 Fourth Amendment issue, petitioner must show in the petition that he was somehow barred by the state from litigating it at all, and he did not. Dennison v. Warden of McDougall Corr. Inst., 2023 U.S. Dist. LEXIS 164246 (D.S.C. Aug. 18, 2023),* adopted, 2023 U.S. Dist. LEXIS 163328 (D.S.C. Sep. 13, 2023).*<\/p>\n\n\n\n
Defendant\u2019s stop was justified by failing to signal, and there was thus no ground to suppress the initial stop. United States v. McWilliams, 2023 U.S. Dist. LEXIS 164352 (M.D. Ala. Aug. 23, 2023),* adopted, 2023 U.S. Dist. LEXIS 163183 (M.D. Ala. Sep. 14, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The drug dog broke the plane of the window, and that\u2019s a trespass. There was no probable cause at that point, and the R&R is rejected. The motion to suppress is granted. United States v. Buescher, 2023 U.S. Dist. LEXIS … Continue reading