No. 18-6702

Brandon Gale Combs v. United States

Lower Court: Fourth Circuit
Docketed: 2018-11-14
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment appellate-review civil-rights due-process exclusionary-rule fourth-amendment good-faith-exception leon-doctrine probable-cause search-and-seizure search-warrant warrant-requirement
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2019-04-18
Question Presented (AI Summary)

Whether it is unconstitutional to allow appellate courts to review information known to police, but unknown to the neutral and detached magistrate at the time the judge issues the warrant

Question Presented (from Petition)

QUESTIONS PRESENTED L Whether it is unconstitutional to allow appellate courts to review information known to police, but unknown to the neutral and detached magistrate at the time the judge issues the warrant, to determine if probable cause for the warrant existed, as held by the Fourth Circuit in this case, and as previously held by the Seventh, Eighth and Eleventh Circuits, a position contrary to that held by the Sixth, Ninth and Tenth Circuits. Il. Whether the good faith exception outlined in United States v. Leon, 468 U.S. 897 (1984) extends to an officer who uses information that the officer illegally obtained to show probable cause in the search warrant affidavit and the same officer executes the resulting warrant. i

Docket Entries

2019-04-22
Petition DENIED.
2019-04-03
DISTRIBUTED for Conference of 4/18/2019.
2019-03-29
Reply of petitioner Brandon Combs filed.
2019-03-15
Brief of respondent United States in opposition filed.
2019-02-12
Motion to extend the time to file a response is granted and the time is further extended to and including March 15, 2019.
2019-02-11
Motion to extend the time to file a response from February 13, 2019 to March 15, 2019, submitted to The Clerk.
2019-01-14
Motion to extend the time to file a response is granted and the time is further extended to and including February 13, 2019.
2019-01-11
Motion to extend the time to file a response from January 14, 2019 to February 13, 2019, submitted to The Clerk.
2018-12-06
Motion to extend the time to file a response is granted and the time is extended to and including January 14, 2019.
2018-12-04
Motion to extend the time to file a response from December 14, 2018 to January 14, 2019, submitted to The Clerk.
2018-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2018)
2018-08-07
Application (18A140) granted by The Chief Justice extending the time to file until November 12, 2018.
2018-08-02
Application (18A140) to extend the time to file a petition for a writ of certiorari from September 23, 2018 to November 12, 2018, submitted to The Chief Justice.

Attorneys

Brandon Combs
Kimberly H. AlbroFederal Public Defender's Office, Petitioner
Kimberly H. AlbroFederal Public Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent