{"id":6753,"date":"2012-10-17T08:40:51","date_gmt":"2012-03-01T00:02:19","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-02-29T08:07:43","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6753","title":{"rendered":"C.D.Ill.: Officer called it a patdown, but it was valid as a SI"},"content":{"rendered":"<p>The officer said he was going to patdown the defendant for a weapon after defendant said he had a gun on him which was a violation of Illinois law. It was valid as a search incident, not a patdown. United States v. Lyons, 856 F. Supp. 2d 946 (C.D. Ill. 2012),* reconsideration after conviction denied 2012 U.S. Dist. LEXIS 61379 (C.D. Ill. May 2, 2012).*<\/p>\n<p>Plaintiff\u2019s case was not attempting to invalidate a conviction in another state case, so there was no <a href=\"http:\/\/scholar.google.com\/scholar_case?case=8197947172835648464&amp;q=Heck&amp;hl=en&amp;as_sdt=1002\">Heck<\/a> bar. Plaintiff also barely satisfies a substantive due process claim. Plaintiff\u2019s Fourth Amendment claim doesn\u2019t survive. Andrews v. Bureau of Codes Admin. Office, 2012 U.S. Dist. LEXIS 23835 (M.D. Pa. February 24, 2012).*<\/p>\n<p>Pro se motion to suppress that states no grounds is denied. United States v. Goodrich, 2012 U.S. Dist. LEXIS 25337 (W.D. Mo. February 10, 2012).*<\/p>\n<p>2255 petitioner\u2019s claim that defense counsel was ineffective for not moving to suppress his stop is wrong; defense counsel did. United States v. Davis,  2012 U.S. Dist. LEXIS 25314 (D. Kan.  February 28, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6753\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6753","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6753","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6753"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6753\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6753"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6753"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6753"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}