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CA10: Defense counsel not ineffective for not predicting Fourth Amendment developments

By John Wesley Hall, Jr.

Defendant’s request for a COA of the denial of his § 2255 is denied. Reasonable jurists would not agree he had any chance of success on appeal for not citing cases not yet decided at the time of the suppression hearing or in failing to predict future developments in Fourth Amendment law. United States v. Jacquez, 10-2165 (10th Cir. February 11, 2011). Defendant’s driving left of center was reasonable suspicion for his stop. Once stopped, his admission he had four or five beers just before driving was probable cause. State v. Hatfield, 2011 Ohio 597, 2011 Ohio App. LEXIS 506 (5th Dist. February 2, 2011).* Defendant consented to the officer’s viewing of his call log on his cell phone. United States v. Yazzie, 2011 U.S...continue to full post

Full post as published by Fourth Amendment on February 14, 2011 (boomark / email).