E.D.Tenn.: Def should have discovered his 4A claim with exercise of due diligence years earlier; 2255 denied

2255 petitioner sought to extend the statute of limitations for what he alleges is a late discovered search and seizure claim with merit. The court finds that he would have discovered the claim years early with the exercise of due diligence, and this claim is denied. Trent v. United States, 2019 U.S. Dist. LEXIS 43742 (E.D. Tenn. Mar. 18, 2019).

There was clearly reasonable suspicion to continue the stop. Ordering the driver out of the vehicle was not an arrest, and it was reasonable under Pennsylvania v. Mimms. United States v. Hampton, 2019 U.S. Dist. LEXIS 43568 (D. Kan. Mar. 18, 2019).*

The IRS summons in this case is enforced. It is essentially regulatory, not criminal, and other courts have resolved that question. United States v. Matkari, 2019 U.S. Dist. LEXIS 44852 (D. Colo. Mar. 19, 2019).*

This entry was posted in Reasonable suspicion, Subpoenas / Nat'l Security Letters. Bookmark the permalink.

Comments are closed.