No. 18-8202

Walter Ronaldo Martinez Escobar v. United States

Lower Court: Eighth Circuit
Docketed: 2019-02-28
Status: Denied
Type: IFP
IFP
Tags: circuit-split eighth-circuit exclusionary-rule fourth-amendment good-faith-exception leon-standard search-and-seizure supreme-court-precedent warrant-execution warrant-requirement warrantless-search
Key Terms:
CriminalProcedure
Latest Conference: 2019-05-23
Question Presented (AI Summary)

Does the Eighth Circuit caselaw the Panel applied in Escobar's case holding that the United States v. Leon good-faith exception applies even when the officers executing the warrant rely on information outside the warrant conflict with Leon, where that caselaw erroneously relied on a ruling this Court made in a warrantless-search case, and does the Eighth Circuit caselaw also create a Circuit split with the Sixth and Ninth Circuits, which hold to the contrary?

Question Presented (OCR Extract)

QUESTION PRESENTED I. Does the Eighth Circuit caselaw the Panel applied in Escobar’s case holding that the United States v. Leon good-faith exception applies even when the officers executing the warrant rely on information outside the warrant conflict with Leon, where that caselaw erroneously relied on a ruling this Court made in a warrantless-search case, and does the Eighth Circuit caselaw also create a Circuit split with the Sixth and Ninth Circuits, which hold to the contrary?

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-03
Reply of petitioner Walter Ronaldo Martinez Escobar filed.
2019-05-01
Brief of respondent United States in opposition filed.
2019-03-28
Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2019.
2019-03-27
Motion to extend the time to file a response from April 1, 2019 to May 1, 2019, submitted to The Clerk.
2019-02-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2019)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Walter Ronaldo Martinez Escobar
Mark Dennis NyvoldMark Nyvold, Attorney at Law, Petitioner