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S.D.Ohio: Krull GFE saved a probation search

By John Wesley Hall, Jr.

Defendant’s IAC claim that defense counsel waived his Fourth Amendment parole search claim in his state appeal fails because, even if all that defendant says is true, the search would have been valid under the good faith exception for searches under a prior statute declared unconstitutional (Illinois v. Krull). Hunt v. United States, 2010 U.S. Dist. LEXIS 97450 (S.D. Ohio September 17, 2010).* The defendant’s stop was not unreasonably prolonged by the officer’s questioning of his travel plans. United States v. Pennington, 2010 U.S. Dist. LEXIS 97931 (E.D. Ky. August 25, 2010).* In a consent search issue, the USMJ found the defendant’s “testimony hyperbolic and exaggerated,” veering to editorial, not fact, and credited the officer...continue to full post

Full post as published by Fourth Amendment on September 22, 2010 (boomark / email).