D.Mont.: Search incident doctrine didn’t apply where car was searched when def was transported to ER

Officers lacked reasonable suspicion for a probation search of defendant’s vehicle. In addition, its search couldn’t be justified by search incident when he was already transported to the hospital before the search occurred. United States v. Heafner, 2025 U.S. Dist. LEXIS 13045 (D. Mont. Jan. 24, 2025).

The officer is not entitled to qualified immunity because his alleged use of intermediate force against a non-resisting, unarmed suspect accused of a non-violent felony violated plaintiff’s clearly established Fourth Amendment right to be free from excessive force. Also, existing precedent squarely governed the specific situation at issue. Howard v. Fye, 2025 U.S. App. LEXIS 1635 (9th Cir. Jan. 23, 2025).*

No ineffective assistance of counsel for not challenging the search warrant. It was not based on stale information. State v. Mundon, 2025 Haw. App. LEXIS 26 (Jan. 22, 2025).*

2254 petitioner doesn’t show that he could prevail on the merits of the Fourth Amendment claim on his ineffective assistance of counsel claim that defense counsel failed to timely file a motion to suppress. If he couldn’t have won, no prejudice. Mosley v. Dixon, 2025 U.S. Dist. LEXIS 12920 (S.D. Fla. Jan. 24, 2025).*

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