NY1: Evidence of failing to open door when police are there with a SW doesn’t violate 4A

“Defendant did not preserve his claim that the admission of evidence that he did not open the door when the police knocked to show his consciousness of guilt violating his Fourth Amendment rights and his right to a fair trial …., and we decline to review it in the interest of justice. As an alternative holding, we reject them on the merits. The police conduct did not violate defendant’s Fourth Amendment rights, and the People did not introduce evidence obtained in violation of his constitutional rights ….” People v. Taveras, 2024 NY Slip Op 03016, 2024 N.Y. App. Div. LEXIS 3063 (1st Dep’t June 4, 2024) (but no real explanation); often common in New York).

“The relevant inquiry is whether a habeas petitioner had an opportunity to litigate his or her claims—not whether he or she, in fact, did so or even whether the Fourth Amendment claim was correctly decided.” Rosinski v. Howard, 2024 U.S. Dist. LEXIS 96266 (E.D. Mich. May 30, 2024).*

This 2255 is partly based on an attempt to relitigate his Fourth Amendment claim already lost on appeal with an Anders brief. Dismissed. Pitts v. United States, 2024 U.S. Dist. LEXIS 95656 (S.D. Ga. Apr. 12, 2024),* adopted, CoA denied, 2024 U.S. Dist. LEXIS 94616 (S.D. Ga. May 28, 2024).*

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