CA7: Detention of a package for a day to get SW was reasonable

Detention of a package for a day to get a search warrant was a reasonable time. United States v. Black, 2024 U.S. App. LEXIS 14944 (7th Cir. June 20, 2024).

“‘The Constitution does not guarantee that only the guilty will be arrested. If it did, § 1983 would provide a cause of action for every defendant acquitted—indeed for every suspect released.’ Baker v. McCollan, 443 U.S. 137, 145 n.3 (1979). ‘The Fourth Amendment requires that an arrest be supported by a properly issued arrest warrant or probable cause.’ Glenn v. City of Tyler, 242 F.3d 307, 313 (5th Cir. 2001). ‘Under the prevailing view in this country a peace officer who arrests someone with probable cause is not liable for false arrest [even if] the innocence of the suspect is later proved.’ Pierson v. Ray, 386 U.S. 547, 555 (1967). [¶] Our cases make clear that an arresting officer’s state of mind (except for the facts that he knows) is irrelevant to the existence of probable cause. See Whren v. United States, 517 U.S. 806, 812-813 (1996) (reviewing cases); Arkansas v. Sullivan, 532 U.S. 769 (2001) (per curiam).” Hall v. Trochessett, 2024 U.S. App. LEXIS 14992 (5th Cir. June 20, 2024).*

The failure of defense counsel to get the warrant papers before defendant’s guilty plea doesn’t justify a successor habeas under § 2255(h). In re Wukoson, 2024 U.S. App. LEXIS 15019 (11th Cir. June 20, 2024).*

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