MS: Judicial notice proper that SW execution at 11 pm is not during daylight hours

A court can take judicial notice that execution of a search warrant at 11 pm is not during daylight hours in Mississippi. Doe v. Doe, 2021 Miss. App. LEXIS 473 (Nov. 9, 2021) (only recognizing rule; this is not a search and seizure case).

Defendant raises a host of 2255 ineffective assistance issues. On the merits of the search claim, he claims defense counsel was ineffective for not pursuing probable cause for his stop, but it was in fact litigated in the district court before his guilty plea. United States v. Rootes, 2021 U.S. Dist. LEXIS 217675 (D.Minn. Nov. 10, 2021).*

Defendant was not seized by his initial encounter with the police. His merely opening the door to talk to the officer does not constitute submission to a claim of lawful authority. The smell of marijuana was probable cause for a search. United States v. Taylor, 2021 U.S. Dist. LEXIS 217702 (D.S.C. Nov. 10, 2021).*

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