Plaintiff lived in a third-floor apartment in a building where only he had a key and access, and that was his curtilage. (Apparently the door was unlocked when this entry occurred.) The individual official entered without knocking and getting permission to enter, so there was no implied license. Becker v. N.H. HHS, 2026 U.S. Dist. LEXIS 51193 (D.N.H. Feb. 19, 2026).<\/p>\n\n\n\n
\u201cThe state courts offered Davis the opportunity to raise his Fourth Amendment claim and he fully availed himself of that opportunity. In a pre-trial hearing where he was represented by counsel, Davis challenged the validity of the warrantless entry into his home and the admission of evidence seized as a result of that entry. On appeal, Davis, represented by counsel, raised the Fourth Amendment challenge again. Both the trial court and the appellate court addressed Davis’s arguments, twice.\u201d 2254 on this claim barred by Stone. Davis v. Dean, 2026 U.S. Dist. LEXIS 49953 (D. Md. Mar. 11, 2026).*<\/p>\n\n\n\n
2254 petitioner can\u2019t relitigate his cell phone seizure and search on habeas. Kincaid v. Guerrero, 2026 U.S. Dist. LEXIS 50111 (W.D. Tex. Mar. 4, 2026),* adopted, 2026 U.S. Dist. LEXIS 73518 (W.D.Tex. Apr. 3, 2025).* Same as to a blood draw. Reaves v. Smith, 2026 U.S. Dist. LEXIS 50341 (N.D. Tex. Feb. 6, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Plaintiff lived in a third-floor apartment in a building where only he had a key and access, and that was his curtilage. (Apparently the door was unlocked when this entry occurred.) The individual official entered without knocking and getting permission … Continue reading