No. 18-8166

Bruce Dwayne Winston v. United States

Lower Court: Fourth Circuit
Docketed: 2019-02-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment carpenter-v-united-states cell-site-data evidence-admissibility pretextual-stop reasonable-expectation-of-privacy search-and-seizure terry-stop unlawful-search-and-seizure
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2019-03-29
Question Presented (AI Summary)

Did the District Court err in admitting evidence obtained from an illegal Terry/pretextual stop in violation of the 4th Amendment?

Question Presented (OCR Extract)

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

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-06
Waiver of right of respondent United States to respond filed.
2018-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2019)

Attorneys

Bruce Dwayne Winston
Bruce Dwayne Winston — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent