No. 18-7914

Jay Maurice Tharps v. United States

Lower Court: Fourth Circuit
Docketed: 2019-02-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment anonymous-informant drug-trafficking fourth-amendment leon-exception leon-good-faith-exception partially-rotten-fruit probable-cause search-warrant totality-of-circumstances totality-of-the-circumstances
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Whether the Fourth Circuit erred in determining that probable cause existed

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether the Fourth Circuit erred in determining that probable cause existed when instead of describing any reliable and corroborated facts about drug trafficking, the warrant cited to isolated and relatively minor instances where Mr. Tharps simply possessed marijuana and the untested statements of an anonymous informant that Mr. Tharps was possibly distributing marijuana but not at the target address, before jumping to the conclusion that he must be trafficking? The standard used to determine if there is probable cause is the “totality of the circumstances.” However, this less formal test does not mean that probable cause has been accomplished where each separate incident is deemed sufficient for that purpose in relation to other insufficient incidents. A basket full of partially rotten fruit doesn't produce a piece of edible fruit, in the end, that basket is just full of partially rotten fruit. Whether the Fourth Circuit erred in determining that the Leon exception applied? i

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-22
Waiver of right of respondent United States to respond filed.
2019-02-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 14, 2019)
2018-11-20
Application (18A531) granted by The Chief Justice extending the time to file until February 7, 2019.
2018-11-16
Application (18A531) to extend the time to file a petition for a writ of certiorari from December 9, 2018 to February 7, 2019, submitted to The Chief Justice.

Attorneys

Jay Tharps
Jenifer WicksLaw Offices of Jenifer Wicks, Petitioner
Jenifer WicksLaw Offices of Jenifer Wicks, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent