No. 18-8186

Kirby Gant v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-02-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment automobile-exception civil-rights criminal-procedure eleventh-circuit inevitable-discovery inventory-search plain-view-doctrine probable-cause search-and-seizure vehicle-search
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2019-03-29
Question Presented (AI Summary)

Whether the Eleventh Circuit erred by finding that the automobile exception applied when the district court made no findings that the vehicle was readily mobile and there was no evidence of any drug crimes prior to Mr. Gant's arrest?

Question Presented (from Petition)

QUESTIONS PRESENTED Whether the Eleventh Circuit erred by finding that the automobile exception applied when the district court made no findings that the vehicle was readily mobile and there was no evidence of any drug crimes prior to Mr. Gant’s arrest? Whether the Eleventh Circuit erred by finding that the plain view exception applied when the police had no lawful right of access to the vehicle and the incriminating nature of contraband was not readily apparent? Whether the Eleventh Circuit erred by failing to address whether the inevitable discovery doctrine and inventory search exception applied? Whether the inventory search exception applies when the vehicle was abandoned by police and no inventory was conducted? i

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-07
Waiver of right of respondent United States to respond filed.
2019-02-26
Application (18A850) granted by Justice Thomas extending the time to file until April 26, 2019.
2019-02-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2019)
2019-02-15
Application (18A850) to extend the time to file a petition for a writ of certiorari from February 25, 2019 to April 26, 2019, submitted to Justice Thomas.

Attorneys

Kirby Gant
Gus CentroneCentrone & Shrader, PLLC, Petitioner
Gus CentroneCentrone & Shrader, PLLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent