No. 18-5368

Gabriel Werdene v. United States

Lower Court: Third Circuit
Docketed: 2018-07-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: computer-search criminal-procedure exclusionary-rule federal-rule-of-criminal-procedure-41(b) fourth-amendment good-faith good-faith-exception jurisdiction jurisdictional-defect law-enforcement-procedure search-warrant warrant warrant-validity
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the good-faith exception to the exclusionary rule applies when a warrant is void from the outset due to the issuing authority's lack of jurisdiction

Question Presented (OCR Extract)

QUESTIONS PRESENTED The government sought, and received from a U.S. Magistrate Judge sitting in the Eastern District of Virginia, a warrant permitting it to search—at its discretion—any computer throughout the world that accessed a server under government control in that district. The Third Circuit held the warrant invalid under the Fourth Amendment and Federal Rule of Criminal Procedure 41(b), but declined to order suppression of the resulting evidence based on a determination that government agents acted in good faith. The questions presented are: I. Whether the good-faith exception to the exclusionary rule applies when a warrant is void from the outset due to the issuing authority’s lack of jurisdiction. IL. Assuming the good-faith exception applies, whether under the circumstances of this case it was objectively reasonable for government agents to rely on a warrant purporting to authorize discretionary searches of tens of thousands of unspecified computers throughout the world. i

Docket Entries

2018-10-01
Petition DENIED.
2018-08-09
DISTRIBUTED for Conference of 9/24/2018.
2018-08-02
Waiver of right of respondent United States to respond filed.
2018-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2018)
2018-06-11
Application (17A1243) granted by Justice Alito extending the time to file until July 23, 2018.
2018-06-07
Application (17A1243) to extend further the time from June 21, 2018 to July 21, 2018, submitted to Justice Alito.
2018-05-10
Application (17A1243) granted by Justice Alito extending the time to file until June 21, 2018.
2018-05-07
Application (17A1243) to extend the time to file a petition for a writ of certiorari from May 22, 2018 to June 21, 2018, submitted to Justice Alito.

Attorneys

Gabriel Werdene
Brett Garrett SweitzerFederal Community Defender Organization, Petitioner
Brett Garrett SweitzerFederal Community Defender Organization, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent