No. 18-7043

Coleman Tuton v. United States

Lower Court: Eighth Circuit
Docketed: 2018-12-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment attenuation-doctrine commercial-passenger-bus drug-detection-canine fourth-amendment independent-source-doctrine luggage probable-cause search-and-seizure warrantless-search
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Does the general alert of a drug-detection canine to the luggage compartment of a commercial passenger bus—but not to any particular piece of luggage therein—authorize law enforcement to conduct a warrantless search of every piece of luggage found in that compartment?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW L Does the general alert of a drug-detection canine to the luggage compartment of a commercial passenger bus—but not to any particular piece of luggage therein—authorize law enforcement to conduct a warrantless search of every piece of luggage found in that compartment? Il. Does either the independent source doctrine or the attenuation doctrine permit the admission of cocaine discovered after an officer performs an unconstitutional search of a suitcase, locates a hidden compartment therein, and then immediately calls for a drug dog to come sniff the luggage before attempting to gain access to the compartment? ii

Docket Entries

2019-02-19
Petition DENIED.
2019-01-10
DISTRIBUTED for Conference of 2/15/2019.
2019-01-03
Waiver of right of respondent United States to respond filed.
2018-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2019)

Attorneys

Coleman Tuton
Christopher Aaron HoltFederal Public Defender's Office, Petitioner
Christopher Aaron HoltFederal Public Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent