United States v. Ishmael

EMILIO M. GARZA, Circuit Judge:

Federal prisoner Rohn Martin Ishmael appeals the district court’s denial of his 28 U.S.C. § 2255 petition for habeas relief. The district court granted a certificate of appealability on whether law enforcement officers violated Ishmael’s Fourth Amendment rights by employing, without a warrant, thermal imaging devices to detect heat emanating from a hydroponic laboratory located in a commercial building on Ishmael’s property.

Ishmael originally raised his Fourth Amendment challenge in a pre-trial motion to suppress. Following our rejection of this claim on…