No. 18-6432

Patrick Killen, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-10-25
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: confession confession-voluntariness consent-to-search due-process fifth-amendment fourth-amendment interrogation interrogation-circumstances involuntary law-enforcement-tactics totality-of-the-circumstances young-adult
Key Terms:
DueProcess FourthAmendment CriminalProcedure Privacy
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Whether Due Process allows federal agents to obtain a confession and a consent to search from an immature, young adult that has been startled awake by his parents and immediately interrogated by federal agents whom he had no say in whether they should be allowed in the home, and where the agents made a gratuitous threat to the mother that they could come back with a SWAT unit in view of all her neighbors and the threat resulted in the mother ordering the young man to give the agents everything they wanted

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Due Process prohibits the extraction of a confession or a consent to search that is involuntary. The Due Process analysis examines whether an individual’s will was overborne by the circumstances surrounding the giving of a confession or consent to search. The due process test takes into consideration the totality of all the surrounding circumstances including both the characteristics of the accused and the details of the interrogation. This petition presents the question of whether Due Process allows federal agents to obtain a confession and a consent to search from an immature, young adult that has been startled awake by his parents and immediately interrogated by federal agents whom he had no say in whether they should be allowed in the home, and where the agents made a gratuitous threat to the mother that they could come back with a SWAT unit in view of all her neighbors and the threat resulted in the mother ordering the young man to give the agents everything they wanted. i INTERESTED PARTIES There are no

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-10-31
Waiver of right of respondent United States to respond filed.
2018-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2018)
2018-07-26
Application (18A73) granted by Justice Thomas extending the time to file until October 20, 2018.
2018-07-17
Application (18A73) to extend the time to file a petition for a writ of certiorari from August 21, 2018 to October 20, 2018, submitted to Justice Thomas.

Attorneys

Patrick Killen
Bernardo LopezFederal Public Defender, Petitioner
Bernardo LopezFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent