No. 18-8038

James Patrick Burke v. United States

Lower Court: Fifth Circuit
Docketed: 2019-02-20
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: child-pornography criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction network-investigative-technique rule-41 rule-41(b)
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy
Latest Conference: 2019-05-16 (distributed 2 times)
Question Presented (AI Summary)

Should evidence be suppressed under the 'exclusionary rule' when obtained from Network Investigative Tecnique (NIT) warrants that violated Rule 41(b) and/or the Fourth Amendment

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1) Should evidence be suppressed under the "exclusionary rule" when obtained : from Network Investigative Tecnique (NIT) warrants that violated Rule 41(b) : ‘of the Federal Rule of Criminal Procedure (prior to December 1, 2016), and , /or the Fourth Amendment, especially given that the government. was aware wagistrate judges lacked jurisdictional authority to issue warrants to search or seize outside of their district? 2) Was the government's conduct in continuing to operate an illegal child pornography website ("Website.A" or "Playpen") "so grossly shocking and outraso , geous” as to present Due Process arguments for dismissal when the government didn't just become involved in. an ongoing criminal enterprise, but by assuming administrative control of "Website A", the. government became the | criminal enterprise? , 3) When the statutes governing “accessing” of child pornography were written was the legislative intent to utilize the same criminal penalties and sentencing guidelines for defendants whose intent was.neither sexual in nature, nor directed towards the victims (children in this case), but the perpetr, ators themselves (child predators)? . . . : Ot -i-. .

Docket Entries

2019-05-20
Rehearing DENIED.
2019-04-30
DISTRIBUTED for Conference of 5/16/2019.
2019-04-18
Petition for Rehearing filed.
2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-03-04
Supplemental brief of petitioner James Patrick Burke filed. (Distributed)
2019-02-28
Waiver of right of respondent United States to respond filed.
2018-06-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 22, 2019)

Attorneys

James Patrick Burke
James P. Burke — Petitioner
James P. Burke — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent