Bruce Dwayne Winston v. United States
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Did the District Court err in admitting evidence obtained from an illegal Terry/pretextual stop in violation of the 4th Amendment?
QUESTIONS PRESENTED FOR REVIEW 4. Did the District Court error in allowing evidence attained in an illegal Terry/Pretextural stop to be admitted into evidence in violation of the Petitioners 4th amendment rights. 2. Did the District Court error in allowing data gained from a cell phone site record as to the Petitioners whereabouts, placing him at various crime scenes, (drug transactions) admitted into evidence without a proper warrant in violation : of the Petitioners 4th Amendment protection against unlawful search and seizure and his reasonable expectation of privacy. , 3 I Light of No. 16-402 did the Appeals court error in not applying the ruling concerning cell site data being obtained without a warrant, in violation of the Petitioners 4th Amendment : rights in the instant case and remand it for further corisideration in light of Carpenter in essence over ruling the District Courts admission of the cell site : data into evidence. 4. Did the District Court error in allowing evidence of other acts leading to , a Character conclusion under Rule 404 into evidence when those acts were unrelated : TTT ES the FACES OF CS CASE 5. In light of the decision handed down by the 7th Circuit Court of Appeals in United States v. Fausto Lopez, No 17-2517 on October 18, 2018, did the Court of Appeals for the Fourth Circuit error in not applying the same reasoning to : the instant case, remanding,it for further proceedings, consistent with Lopez. 1 . 4