\u201cAs outlined above, Smith has put forth no evidence that he could have made a successful Fourth Amendment challenge to the stop and search of his vehicle. Even if he did, Smith could not demonstrate prejudice. As noted above, Trooper Withers would still have inevitably discovered (and seized) the narcotics in Smith’s vehicle following Smith’s arrest on the California warrant. Smith therefore cannot demonstrate that Mr. de Montreux was \u2018completely unreasonable\u2019 in declining to appeal the suppression ruling on his Fourth Amendment claim.\u201d Smith v. United States, 2021 U.S. Dist. LEXIS 193347 (D.Utah Oct. 5, 2021).*<\/p>\n\n\n\n
Briefly leaving plaintiff shirtless in a cold room while the police secured the room was reasonable. Brooker v. Abate<\/a>, 2021 U.S. App. LEXIS 30127 (7th Cir. Oct. 7, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":" \u201cAs outlined above, Smith has put forth no evidence that he could have made a successful Fourth Amendment challenge to the stop and search of his vehicle. Even if he did, Smith could not demonstrate prejudice. As noted above, Trooper … Continue reading