CA11: Assuming geo-location info for def’s cell phone was illegally obtained, it was harmless BRD

“We assume without deciding that the district court erred in allowing the admission of the Google geo-location data during trial because it amounted to fruit of the poisonous tree, and no exception applied. Nevertheless, Pendergrass is not entitled to a vacatur of his conviction because any error was harmless in the shadow of the overwhelming evidence against Pendergrass with respect to the three robberies in which the government presented geo-location data.” United States v. Pendergrass, 2021 U.S. App. LEXIS 11939 (11th Cir. Apr. 22, 2021).*

Plaintiffs sued officers of the Waxahachie Police Department’s SWAT team for executing a no-knock warrant with explosive devices on the wrong house for the DEA. The defendants’ motion to dismiss the state law claims is granted. Jimerson v. Lewis, 2021 U.S. Dist. LEXIS 76665 (N.D. Tex. Apr. 1, 2021).*

Petitioner’s 2255 claim for ineffective assistance of counsel in litigating a Fourth Amendment claim has to show that, if properly conducted, it would have prevailed. This was a Franks challenge, and there was probable cause anyway. United States v. Peake, 2021 U.S. Dist. LEXIS 76687 (E.D. Ky. Apr. 21, 2021).*

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