The record supports the trial court’s finding of consent. Neither officer exhibited a firearm, spoke in a harsh or loud tone, or indicated to defendant that he could not leave. Instead, both officers were trying to help defendant understand what the officer meant when he asked defendant for his consent to search him. Monjaras v. State, 2021 Tex. App. LEXIS 5941 (Tex. App. – Houston (1st Dist.) July 27, 2021) (2-1).
Defendant’s claim that the search warrant for his car for evidence of a Hobbs Act robbery was unreasonably issued was, as counsel admits, frivolous. His claim his cell phone was unreasonably tracked wasn’t raised below so it’s waived. United States v. Fowler, 2021 U.S. App. LEXIS 22180 (7th Cir. July 27, 2021).*
Defendant waived his Fourth Amendment rights in his guilty plea, and he’s also barred by Stone v. Powell from raising it in a 2255. United States v. Sheehan, 2021 U.S. Dist. LEXIS 138824 (D.Mont. July 26, 2021).*