{"id":6862,"date":"2012-08-25T12:57:55","date_gmt":"2012-03-22T08:09:09","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-22T08:09:09","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6862","title":{"rendered":"CA7: Defendant didn’t show that his failure to be called as a witness at his suppression hearing would have changed the outcome, in light of the video"},"content":{"rendered":"

Defendant\u2019s confusing account of his travel plans was reasonable suspicion. The trial court\u2019s findings of consent to the search was clearly supported by the record. Defendant was unhandcuffed and sitting in the police car during the search. A dog alert made that irrelevant. Thus, a challenge to the search was frivolous. Defendant did not show how his failure to testify at the suppression hearing would have changed anything in light of the video, not that IAC claims can be raised on direct appeal anyway. United States v. Penlton<\/a>, 463 Fed. Appx. 593 (7th Cir. 2012) (unpublished)*; United States v. Harris<\/a>, 463 Fed. Appx. 594 (7th Cir. 2012) (unpublished).*<\/p>\n

Plaintiff state prisoner failed to state a Fourth Amendment claim that he was unreasonably removed from his cell during a suicide threat. \u201cInsofar as Brown contends that his seizure during this incident was unreasonable, even assuming that a prisoner has any Fourth Amendment right not to be seized and transported from one place to another within a state prison facility, there is no record evidence that this particular seizure was not justified by the same legitimate interest in safety and security.\u201d Brown v. Graham<\/a>, 470 Fed. Appx. 11 (2d Cir. 2012).* <\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-6862","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6862","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=6862"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6862\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6862"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6862"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6862"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}