No. 18-5927

J. A. v. New Jersey

Lower Court: New Jersey
Docketed: 2018-09-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: attenuation coolidge-v-new-hampshire fourth-amendment fourth-amendment-search fruit-of-the-poisonous-tree illegal-entry lustig-v-united-states probable-cause reasonable-foreseeability search-and-seizure state-action
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Did a search involve state action under the Fourth Amendment where police officers entered a home illegally, an officer there told an inquiring civilian that his brother was suspected of robbing a cell phone, and the civilian then found the phone while accompanied by the officer?

Question Presented (OCR Extract)

QUESTIONS PRESENTED L DID A SEARCH INVOLVE STATE ACTION UNDER THE FOURTH AMENDMENT WHERE POLICE OFFICERS ENTERED A HOME ILLEGALLY, AN OFFICER THERE TOLD AN INQUIRING CIVILIAN THAT HIS BROTHER WAS SUSPECTED OF ROBBING A CELL PHONE, AND THE CIVILIAN THEN FOUND THE PHONE WHILE ACCOMPANIED BY THE OFFICER? Il. WAS THE DISCOVERY OF THE CELL PHONE UNDER THE ABOVE CIRCUMSTANCES A FRUIT OF THE ILLEGAL ENTRY, UNATTENUATED BY THE CIVILIAN’S INVOLVEMENT? i

Docket Entries

2018-11-13
Petition DENIED.
2018-10-31
Waiver of right of respondent State of New Jersey to respond filed.
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-09-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 10, 2018)

Attorneys

J. A.
Peter Thomas BlumN.J. Office of the Public Defender,, Petitioner
Peter Thomas BlumN.J. Office of the Public Defender,, Petitioner
State of New Jersey
Steven Alan YomtovState of NJ, Dept of Law & Public Safety, Division, Respondent
Steven Alan YomtovState of NJ, Dept of Law & Public Safety, Division, Respondent