November 4, 2016
from the United States District Court for the Northern
District of Illinois, Eastern Division. No. 10 C 7375 - Joan
H. Lefkow, Judge.
Flaum and Kanne, Circuit Judges, and MAGNUS-Stinson, District
2001, police officers arrested Marshall McDaniel while
investigating his girlfriend's murder. McDaniel confessed
during postarrest interrogation. After pleading not guilty,
McDaniel unsuccessfully attempted to suppress his confession.
He was convicted in Illinois state court; on direct appeal,
the Illinois Appellate Court affirmed.
his state petition for postconviction relief was denied,
McDaniel petitioned the federal district court for a writ of
habeas corpus under 28 U.S.C. § 2254. The district court
denied the petition. McDaniel now argues that appellate
counsel was ineffective for failing to argue that his initial
arrest was unlawful and that his confession was inadmissible
as fruit of the unlawful arrest.
appeal, we review the Illinois Appellate Court's decision
to deny McDaniel's petition for postconviction relief.
People v. McDaniel, No. 1-06-3283, slip op.
(Ill.App.Ct. Sept. 30, 2009). Because McDaniel was not
prejudiced by appellate counsel's failure to raise his
Fourth Amendment claim, we affirm.
January 16, 2001, at 9:15 a.m., Officers found DeAngular
Moore's body in a high school parking lot. Moore's
body was lying next to a bloodied garbage can marked 8055
South Harvard. Because she did not have identification with
her at the time of her death, Detective Brownfield sought to
identify Moore by showing community members her photo. At 5
p.m., before Moore was identified, Detective Brownfield
received a call from Officer Blackman. Officer Blackman told
Detective Brownfield that he had seen a black male,
6'1", 185 pounds, and in his forties, pulling a
garbage can at 2 a.m. that morning. Officer Blackman said
that the man pulled the garbage can into the high school
parking lot and then exited empty handed.
Detective Brownfield talked to Officer Blackman, a woman
identified Moore. The woman told Detective Brownfield that
Moore lived with her boyfriend - McDaniel-and described him
as a black male, 6'3", 185 pounds, and in his late
forties. The woman took Detective Brownfield to a man called
"Radio." Radio identified Moore and then took
Detective Brownfield and several other officers to
McDaniel's house-four doors from the address marked on
the bloodied garbage can. McDaniel was not home, so the
officers returned about an hour later, at 8:30 p.m. They did
not have a search or arrest warrant. At trial, two of the
officers testified that they did not think that they had
probable cause to arrest McDaniel at that time. The officers
testified that they went to McDaniel's house only to
investigate Moore's death. When the officers knocked,
McDaniel answered and consented to the officers' request
to come inside.
inside, the officers asked McDaniel if he knew why they were
there, and he allegedly responded, "[B]ecause my
girlfriend was murdered." (R. 17-1 at 81); (R. 17-2 at
At the officers' request, McDaniel allowed the officers
to search his house. When McDaniel began acting nervous and
fidgety, an officer put McDaniel in handcuffs. The officer
told McDaniel that he was not under arrest and removed the
handcuffs about five minutes later once McDaniel calmed down.
At around 9 p.m., the officers asked McDaniel if he would
come to the police station for further questioning. McDaniel
acquiesced, and the officers drove him back to the station in
a police car.
on their way to the station, one of the officers called
Detective Brownfield to update him. Detective Brownfield told
the officer that Officer Blackman had just identified
McDaniel in a photo-array lineup. Detective Brownfield
directed the officers to bring McDaniel to a particular
station. McDaniel arrived at the station at 10:30 p.m. At
midnight, Officer Blackman identified McDaniel in a corporal
police station, McDaniel was placed in an interrogation room,
read his Miranda rights, and then questioned three
separate times over twenty-four hours. During the third round
of questioning, McDaniel confessed to the murder and signed a
written confession prepared by an Assistant State's
his confession, McDaniel pled not guilty. McDaniel moved to
suppress his confession on the ground that it and any related
evidence was fruit of his arrest, which he argued violated
the Fourth Amendment. The trial court ruled that the officers
arrested McDaniel when they handcuffed him at his home and
later drove him to the police station. But the trial court
imputed Officer Blackman's photo-array identification to
the arresting officers, which gave them probable cause to
arrest McDaniel at that time. With his confession deemed
admissible, a jury convicted McDaniel of murdering Moore.
direct appeal, McDaniel's appointed appellate counsel
argued only one issue-that the prosecution's reference to
McDaniel's refusal to take a polygraph while in custody
denied him due process of law. Appellate counsel, ignoring
McDaniel's prodding, made no argument about the arrest ...