{"id":9354,"date":"2014-02-08T09:25:38","date_gmt":"2013-08-28T08:35:59","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-08-28T08:35:59","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9354","title":{"rendered":"CA10 elaborates on Stone v. Powell bar to habeas on a Fourth Amendment claim"},"content":{"rendered":"<p>Mere disagreement with a state court\u2019s Fourth Amendment conclusion does not amount to denial of a \u201cfull and fair opportunity to litigate\u201d it. To overcome Stone v. Powell, there has to be an \u201cunconscionable\u201d breakdown of the state court process. Certificate of appealability denied. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/13\/13-1147.pdf\">Stevenson v. Timme<\/a>, 536 Fed. Appx. 789 (10th Cir. 2013):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>On appeal, Stevenson claims that the district court erred in determining that he was provided a full and fair opportunity to litigate his Fourth Amendment claim in state court. &#8220;[A] state prisoner may not be granted federal habeas corpus relief on the ground that evidence obtained in an unconstitutional search or seizure was introduced at his trial&#8221; if &#8220;the State has provided an opportunity for full and fair litigation of a Fourth Amendment claim.&#8221; Stone v. Powell, 428 U.S. 465, 494 (1976) (footnote omitted). &#8220;Opportunity for full and fair consideration includes, but is not limited to, the procedural opportunity to raise or otherwise present a Fourth Amendment claim,&#8221; a &#8220;full and fair evidentiary hearing,&#8221; and &#8220;at least colorable application of the correct Fourth Amendment constitutional standards.&#8221; Gamble v. Oklahoma, 583 F.2d 1161, 1165 (10th Cir. 1978) (quotation and footnote omitted).<\/p>\n<p>The state trial court held an evidentiary hearing on Stevenson&#8217;s motion to suppress, during which the investigating detective and Stevenson were carefully questioned, before concluding that the arrest was lawful. And the Colorado Court of Appeals upheld that determination, colorably applying the correct standard for probable cause. Stevenson&#8217;s disagreement with the precedent applied and the conclusions reached by the state courts does not demonstrate an &#8220;unconscionable&#8221; breakdown in the state court proceedings. Id. at 1165 n.3. We agree with the district court that Stevenson had a full and fair opportunity to litigate his Fourth Amendment claim in state court. See Smallwood v. Gibson, 191 F.3d 1257, 1265 (10th Cir. 1999) (habeas relief barred because Fourth Amendment claims were adequately presented at trial and considered on direct appeal under appropriate Supreme Court precedent).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=9354\">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-9354","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9354","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=9354"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9354\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9354"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9354"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9354"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}