No. 18-5004

Tremayne Antwane Mitchell v. United States

Lower Court: Fourth Circuit
Docketed: 2018-06-28
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 4th-amendment curtilage evidence-suppression exclusionary-rule fourth-amendment franks-hearing franks-v-delaware good-faith-exception police-search probable-cause reasonable-expectation-of-privacy search-and-seizure standing warrantless-search
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2018-10-26 (distributed 2 times)
Question Presented (AI Summary)

Whether the police officers unlawfully searched the petitioner's apartment by trespassing on the curtilage and sniffing the window and doorframe

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether the Court of Appeals erred in overruling the District Court’s decision to suppress evidence obtained by police officers when they sniffed the windowsill and doorframe of Petitioner’s apartment. Whether the Court of Appeals erred in ruling that the District Court’s decision to address the “good faith” issue after finding a 4'" Amendment violation occurred, pursuant to United States v. Leon, was actually a sue sponte “Franks” hearing and was therefore an “abrogation of the procedures announced in Fi ranks,” and was therefore improper. i

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-09-24
Brief of respondent United States in opposition filed.
2018-08-15
Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2018.
2018-08-14
Motion to extend the time to file a response from August 24, 2018 to September 24, 2018, submitted to The Clerk.
2018-07-25
Response Requested. (Due August 24, 2018)
2018-07-19
DISTRIBUTED for Conference of 9/24/2018.
2018-07-11
Waiver of right of respondent United States to respond filed.
2018-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 30, 2018)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Tremayne A. Mitchell
Nicholas Ryan HobbsHobbs & Harrison, Petitioner