Detention of a package for a day to get a search warrant was a reasonable time. United States v. Black, 2024 U.S. App. LEXIS 14944 (7th Cir. June 20, 2024).<\/p>\n\n\n\n
\u201c\u2018The Constitution does not guarantee that only the guilty will be arrested. If it did, \u00a7 1983 would provide a cause of action for every defendant acquitted\u2014indeed for every suspect released.\u2019 Baker v. McCollan, 443 U.S. 137, 145 n.3 (1979). \u2018The Fourth Amendment requires that an arrest be supported by a properly issued arrest warrant or probable cause.\u2019 Glenn v. City of Tyler, 242 F.3d 307, 313 (5th Cir. 2001). \u2018Under the prevailing view in this country a peace officer who arrests someone with probable cause is not liable for false arrest [even if] the innocence of the suspect is later proved.\u2019 Pierson v. Ray, 386 U.S. 547, 555 (1967). [\u00b6] Our cases make clear that an arresting officer’s state of mind (except for the facts that he knows) is irrelevant to the existence of probable cause. See Whren v. United States, 517 U.S. 806, 812-813 (1996) (reviewing cases); Arkansas v. Sullivan, 532 U.S. 769 (2001) (per curiam).\u201d Hall v. Trochessett, 2024 U.S. App. LEXIS 14992 (5th Cir. June 20, 2024).*<\/p>\n\n\n\n
The failure of defense counsel to get the warrant papers before defendant\u2019s guilty plea doesn\u2019t justify a successor habeas under \u00a7 2255(h). In re Wukoson, 2024 U.S. App. LEXIS 15019 (11th Cir. June 20, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Detention of a package for a day to get a search warrant was a reasonable time. United States v. Black, 2024 U.S. App. LEXIS 14944 (7th Cir. June 20, 2024). \u201c\u2018The Constitution does not guarantee that only the guilty will … Continue reading