No. 18-1248

Neil C. Kienast and Braman B. Broy v. United States

Lower Court: Seventh Circuit
Docketed: 2019-03-26
Status: Denied
Type: Paid
Response Waived
Tags: child-pornography circuit-split due-process exclusionary-rule fourth-amendment good-faith-exception law-enforcement privacy-interest probable-cause search-and-seizure suppression-doctrine suppression-of-evidence warrant warrant-validity
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy Jurisdiction
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Whether the good faith exception to the exclusionary rule applies to a warrant that should have never been issued, involving the government's reproduction and distribution of a large collection of child pornography

Question Presented (OCR Extract)

QUESTIONS PRESENTED This Court has applied the U.S. v. Leon, 468 U.S. 897 (1984) good faith exception in a variety of cases to include a knock and announce violation (Hudson v. Michigan, 547 U.S. 586, 126 S.Ct. 2159, 165 L.Ed.2d 56 (2006)); an outdated arrest warrant (Arizona v. Evans, 514 US. 1, 115 S.Ct. 1185, 1381 L.Ed.2d 34 (1995)); and a recalled warrant (Herring v. United States, 555 US. 135, 129 S.Ct. 695, 172 L.Ed.2d 496 (2009)). Some of the circuit courts, including the Seventh Circuit in this case, are extending it to warrants that are deemed void ab initio. See also, U.S. v. Levin, 186 F. Supp. 3d 26 (1st Cir. 2017) and U.S. v. Workman, 863 F.3d 1313 (10th Cir. 2017). Can the good faith exception apply where there should have never been a warrant at all? The questions presented are: I. Does the Leon exception apply to the warrant in this case? II. Was the multijurisdictional warrant valid? III. Is there a valid privacy interest at stake that is subject to Fourth Amendment Protection? IV. Is the governmental action of reproducing and distributing one of the largest collections of child porn so severe of misconduct that suppression is warranted?

Docket Entries

2019-04-29
Petition DENIED.
2019-04-10
DISTRIBUTED for Conference of 4/26/2019.
2019-03-29
Waiver of right of respondent United States of America to respond filed.
2019-03-22
Petition for a writ of certiorari filed. (Response due April 25, 2019)
2019-01-15
Application (18A729) granted by Justice Kavanaugh extending the time to file until March 22, 2019.
2019-01-11
Application (18A729) to extend the time to file a petition for a writ of certiorari from January 21, 2019 to March 22, 2019, submitted to Justice Kavanaugh.

Attorneys

Neil Kienast
John Miller CarrollLaw Office of John Miller Carroll, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent