Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

D.Idaho: No IAC for not forecasting Gant, even if it would have applied, which isn't obvious

By John Wesley Hall, Jr.

A Fourth Amendment claim is not cognizable in a § 2255 proceeding. As an IAC claim for not challenging a search incident, it is not clear that defendant would have prevailed. In any event, reliance on Gant is unavailing because it was not the law at the time this case concluded. United States v. Madsen, 2009 U.S. Dist. LEXIS 64172 (D. Idaho July 23, 2009): The Court is aware that the Supreme Court recently narrowed the applicability of Belton to situations where "the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search" and where "it is reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle." See Arizona v. Gant, 129 S. Ct. 1710, 1714, 1719, 173 L...continue to full post

Full post as published by Fourth Amendment on July 29, 2009 (boomark / email).