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E.D.Ky.: Defense counsel not ineffective for not raising aerial surveillance as an unreasonable in light of Riley from 21 years ago

By John Wesley Hall, Jr.

Defense counsel was not ineffective for not raising aerial surveillance as a Fourth Amendment violation since that issue is foreclosed by Florida v. Riley. United States v. Manns, 2010 U.S. Dist. LEXIS 38565 (E.D. Ky. April 20, 2010).* A valid protective sweep occurred in conjunction with an arrest warrant, and boxes of financial records were seen. A search warrant later issued. Because the motion would have failed, it was within the professional judgment of the lawyer to not challenge it. Skrzypek v. United States, 2010 U.S. Dist. LEXIS 38573 (N.D. Ill. April 20, 2010).* Officers had probable cause after a plain view. It was immediately apparent to the officers they were dealing with bootleg Nike shoes. United States v. Tarpley, 2010 U.S...continue to full post

Full post as published by Fourth Amendment on April 23, 2010 (boomark / email).