A hotel room search by the hotel manager after defendant\u2019s tenancy expired was reasonable as a private search and under state law. He was also on parole, but the district court didn\u2019t even mention that. United States v. Gay, 2024 U.S. App. LEXIS 8829 (7th Cir. Apr. 12, 2024).* (Of course. This isn’t even close.)<\/p>\n\n\n\n
No CoA for this 2255 on ineffective assistance of counsel for not properly pursuing his Fourth Amendment claim. It was denied below on procedural grounds, and he can\u2019t show grounds for a CoA now. United States v. Dalka, 2024 U.S. App. LEXIS 8002 (5th Cir. Apr. 3, 2024).*<\/p>\n\n\n\n
\u201cIn sum, turning \u2018an eye toward the proportionality of the force in light of all the[se] circumstances,\u2019 Smith, 781 F.3d at 101 (emphasis added) \u2026, an officer striking the head of a non-dangerous, non-actively resistant, partially subdued adolescent would not be objectively reasonable. Even if the Graham factors would have justified a limited degree of force, the strikes to Lewis’s head were not a proportional response.\u201d Lewis v. Caraballo, 2024 U.S. App. LEXIS 8997 (4th Cir. Apr. 15, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
A hotel room search by the hotel manager after defendant\u2019s tenancy expired was reasonable as a private search and under state law. He was also on parole, but the district court didn\u2019t even mention that. United States v. Gay, 2024 … Continue reading