Steven Rann v. Mike Atchison
689 F.3d 832
7th Cir.2012Background
- Rann was convicted in Illinois state court in 2006 of two counts of criminal sexual assault and one count of possession of child pornography.
- Evidence included images from a memory card and a zip drive obtained via a private search by the victim and her mother, not by police.
- Trial counsel did not move to suppress the images found on the memory card and zip drive.
- Rann pursued direct appeal, then a state post-conviction habeas petition; the Illinois courts rejected his ineffective assistance claim.
- Rann filed a federal habeas petition under 28 U.S.C. § 2254(a); the district court denied relief, and appellate review followed to assess AEDPA standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to suppress private-search evidence was prejudicial | Rann argues failure to suppress violated Fourth Amendment and prejudiced trial | Appellate court held no Fourth Amendment violation; ineffectiveness claim lacks merit | No reversible error; Runyan-based scope ruling supports no prejudice |
| Whether police viewing private-search images exceeded the private search | Police exceeded private search when viewing images without a warrant | Police did not exceed the scope of the private search under Jacobsen and Runyan | Police did not exceed the private search; Fourth Amendment not violated |
| Whether the AEDPA standard was properly applied | State court applied federal law unreasonably, warranting relief | State court properly applied Strickland and Supreme Court standards | State court's application was not unreasonable; habeas petition denied |
Key Cases Cited
- United States v. Runyan, 275 F.3d 449 (5th Cir. 2001) (adopts private search scope rule for digital storage devices)
- United States v. Jacobsen, 466 U.S. 109 (1984) (government invasions tested against scope of private search)
- Burdeau v. McDowell, 256 U.S. 465 (1921) (Fourth Amendment does not apply to private searches)
- Coolidge v. New Hampshire, 403 U.S. 443 (1971) (private search evidence admissibility without warrant for police)
- Stone v. Powell, 428 U.S. 465 (1976) (habeas relief not available for Fourth Amendment claims already litigated)