Daily Archives: January 13, 2023

M.D.Pa.: Refusal to show hands when ordered shows no seizure

Defendant’s refusal to show his hands when ordered to by the officer was not a seizure. United States v. Garner, 2023 U.S. Dist. LEXIS 5400 (M.D. Pa. Jan. 11, 2023).* Defendant’s stop was justified and it escalated to reasonable suspicion … Continue reading

Posted in Dog sniff, Reasonable suspicion, Seizure | Comments Off on M.D.Pa.: Refusal to show hands when ordered shows no seizure

CA6: New information about a search doesn’t qualify for successor habeas

Alleged new information about the search of defendant’s property doesn’t allege actual innocence and thus is not grounds for a successor habeas. In re Fisher, 2023 U.S. App. LEXIS 677 (6th Cir. Jan. 11, 2023). 2255 petitioner’s ineffectiveness claim on … Continue reading

Posted in Ineffective assistance, Strip search | Comments Off on CA6: New information about a search doesn’t qualify for successor habeas