CA11: 4A violation isn’t actual innocence claim for habeas

An alleged Fourth Amendment violation is not an actual innocence claim for habeas. “Fourth, he argues that he is actually innocent given that he was denied his right to counsel when investigators continued to interrogate him, despite his unequivocal request for representation (Claim 4). Finally, he claims actual innocence based on a Fourth Amendment Violation, noting that the underlying proceedings were initiated against him based on false evidence, and, therefore, lacked probable cause, which deprived him of a full and fair trial (Claim 6).” “Here, none of Gary’s actual innocence claims meet the requirements of § 2244(b)(2)(B).” In re Gary, 2022 U.S. App. LEXIS 10596 (11th Cir. Apr. 19, 2022).

There was probable cause for this child pornography warrant. To the defense: “This is a myopic and unfair reading of the affidavit. Affidavits for search warrants must be interpreted ‘in a commonsense and realistic fashion.’” United States v. Sanchez, 2022 U.S. Dist. LEXIS 72011 (M.D.Fla. Mar. 22, 2022).*

There was no reasonable suspicion for defendant’s stop because no justification could be shown. Defendant sought a broader rule under the state constitution, which was declined, and he still prevailed. Levenson v. State, 2022 Wyo. LEXIS 52 (Apr. 20, 2022).*