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CA2: Immediately police show-up after a stabbing was not unreasonable

By John Wesley Hall, Jr.

A police show-up of suspects immediately after a stabbing was reasonable under the totality of circumstances. Therefore, defense counsel was not ineffective for not raising the challenge. Palacios v. Burge, 2009 U.S. App. LEXIS 27929 (2d Cir. December 21, 2009): Rather than supporting a "good Fourth Amendment claim," Kimmelman, 477 U.S. at 382, the "totality of the circumstances," Cortez, 449 U.S. at 417, and the "balance [of] privacy-related and law enforcement-related concerns," McArthur, 531 U.S. at 331, undermine Palacios's claim that the police show-up, following the Djukanovic and Kolenovic stabbings, violated Palacios's Fourth Amendment rights and tainted his subsequent arrest and confession. Accordingly, we conclude that Palacios has not shown that counsel's decision not to pursue a Fourth Amendment challenge respecting the show-up rose to the level of "incompetence" as "unreasonable under prevailing professional norms" and "not sound strategy...continue to full post

Full post as published by Fourth Amendment on December 23, 2009 (boomark / email).