2255 petitioner did not show that he was prejudiced by officers showing up at 5:30 am rather than 6 for execution of a search warrant, if that in fact happened. Rule 41 violations are ministerial, it doesn\u2019t per se violate the Fourth Amendment, and there\u2019s no showing of lack of good faith. Failure to show him the search warrant at the time of execution, if that even happened, is not a Fourth Amendment violation. Violation of knock and announce, if that even happened, doesn\u2019t warrant suppression. Alferez v. United States, 2014 U.S. Dist. LEXIS 66014 (W.D. Tex. May 14, 2014).*<\/p>\n
Defendant was riding a bicycle in circles in an intersection in Kansas City. When the officers drove by, he pointed and said \u201cthey went that away.\u201d They could see the grip of a handgun in his waistband. They drew down on him and got him on the ground. The gun turned out to be an airsoft gun, not a firearm, but the officers could continue with the stop based on other factors. State v. Lovelady<\/a>, 2014 Mo. LEXIS 146 (May 13, 2014).*<\/p>\n Defendant\u2019s patdown was valid and based on probable cause he was involved in bankruptcy fraud, not just that he was armed for Terry purposes. United States v. Rankins, 2014 U.S. Dist. LEXIS 66006 (N.D. Ill. May 14, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":" 2255 petitioner did not show that he was prejudiced by officers showing up at 5:30 am rather than 6 for execution of a search warrant, if that in fact happened. Rule 41 violations are ministerial, it doesn\u2019t per se violate … Continue reading