{"id":40009,"date":"2019-10-01T07:18:05","date_gmt":"2019-10-01T12:18:05","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40009"},"modified":"2019-10-01T07:42:26","modified_gmt":"2019-10-01T12:42:26","slug":"e-d-la-alleged-mistreatment-during-sw-execution-doesnt-overcome-overwhelming-facts-of-guilt","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=40009","title":{"rendered":"E.D.La.: Alleged mistreatment during SW execution doesn&#8217;t overcome overwhelming facts of guilt"},"content":{"rendered":"<p>Defendant\u2019s alleged mistreatment during the execution of the search warrant, which was only vaguely described in the opinion, even if provable, wouldn\u2019t overcome the overwhelming proof of guilt. Here it was raised as an IAC claim. United States v. Puente, 2019 U.S. App. LEXIS 29420 (E.D. La. Sept. 30, 2019).<\/p>\n<p>Collective knowledge of traffic offenses when watching two cars apparently driving in tandem was reasonable. Testimony about seeking an objective basis for the stop wasn\u2019t really relevant:  \u201cFinally, it is irrelevant that Officer Estrada initially planned to stop Molinero Puente at the direction of Agent Lozano because his traffic violations \u2018would have objectively justified the stop\u2019 and arrest. See United States v. Harris, 566 F.3d 422, 434-35 (5th Cir. 2009) &#8230;.\u201d United States v. Puente, 2019 U.S. App. LEXIS 29420 (5th Cir. Sept. 30, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s alleged mistreatment during the execution of the search warrant, which was only vaguely described in the opinion, even if provable, wouldn\u2019t overcome the overwhelming proof of guilt. Here it was raised as an IAC claim. United States v. Puente, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=40009\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[93,23,16],"tags":[],"class_list":["post-40009","post","type-post","status-publish","format-standard","hentry","category-collective-knowledge","category-ineffective-assistance","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40009","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=40009"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40009\/revisions"}],"predecessor-version":[{"id":40020,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40009\/revisions\/40020"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40009"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40009"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40009"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}