Mosby v. Senkowski

Police warrantlessly entered a house without a warrant to arrest Marcus Mosby (defendant) on an unrelated drug charge; while Mosby sat in the patrol car, a neighbor referred to him by the nickname 'Florida,' the same nickname used by witnesses to a separate double murder, and officers then showed the murder witnesses a photo array in which they identified Mosby, who later confessed after being read and waiving his Miranda rights. The trial court held Mosby lacked Fourth Amendment standing to challenge his warrantless arrest because he did not live in the house, denied his suppression motion, and he was convicted; his appellate attorney did not challenge that suppression ruling, and after unsuccessfully seeking coram nobis relief for ineffective assistance, Mosby sought federal habeas relief, which the district court denied.