No. 18-8518

John Moses Burton v. United States

Lower Court: Fourth Circuit
Docketed: 2019-03-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-procedure civil-rights constitutional-protections due-process fourth-amendment good-faith good-faith-exception judicial-interpretation legal-precedent magistrate-qualifications search-and-seizure search-warrant standing
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2019-04-26
Question Presented (AI Summary)

When and how should the courts be bound to the precedent set by the high Court's opinion?

Question Presented (OCR Extract)

QUESTION(s) PRESENTED to the SUPREME COURT . Explaination: Events in [Riley] happened in 2007, events in ' current case happened in 2011, but the [Riley] decision was not ; handed down until 2014. The indictment/arrest and hearings . , conducted with the current defendant did not happen until 2016. QUESTION (1): When and how should the courts bé bound to the presedent set by the high Court's opinion? Explaination: When two seperate cases have events that are : essentially identicle, a prosecutor may argue *Good-Faith' while another may not. So the outcomes are vastly different. . QUESTION (2): Is it time'to re-evaluate the loopholes that are permitted by the government to excuse illegal searches? QUESTION -(3).: When a Search Warrant stipulates the exact same : language from the Search Affidavit presented by the requesting law enforcement officer, how is the a law enforcement officer able to interpret a Search Warrant as being defective when it is precisely what they requested? . Explaination: Conspiracy is involved when two. or more parties ; engage in an illegal act and each party is culpible for the totality of that single illegal activity. QUESTION (4): How is a Judge and/or a Magistrate held to the same legal standards of responsibility in interpreting a Search Warrant as Law Enforcement? , -ix i ‘ QUESTION (5): I£ ignorance of the law not an excuse when an individual breaks the law, why is the Government allowed to utilize ignorance as an excuse when ignoring the Constitution? Explaination: The Virginia Constitution has provisions that protect an individual for Lllegal Searches and Seizures and General Warrants. QUESTION (6): Why are the State Constitutional Protections also available to defendants against Unconstitutional General : Warants (especially from State and Local Law Enforcement Agents)? Explaination: In Virginia, when a Magistrate denies a Search there is no protocol to document such an event. The Magistrate's record only shows every Warrant as approved. . QUESTION (7): How may a person protect themselves from a Magistrate acting as a ‘Rubber Stamp' for law enforcement when © there is limited to no records when a Magistrate has denied any previous applications? Explaination: With today's Digital Age, recovery of data from ’ electronic devices has become commonplace. . ; QUESTION (8): May we please articulate what constitutes ‘Exigent Circumstances’ now in the Digital Age of computers and cell phones? Explaination: In Virginia, the Magistrates that signed the Search Warrant both has never held an association with the Virgina State Bar. . , , -x: , \ t , QUESTION (9): What qualifications should a Magistrate hold in being able to interpret what is Constitutional when evaluating a Search Affidavit before granting a Search Warrant? Explaination: If we look at both the Words of the Fourth SO ‘Amendment and the intention that inspired those words to protect Americans from the Government overreach. If !Good=Faith': was applied historically throughout our past, the Government could have used it to abuse its power long ago. QUESTION (10): Is it time to re-evaluate and overrule the 1984 split decision of. [Leon]? Explaination: The princible of ignorance of the law is not an excuse ; : QUESTION (11): Why has the Government been giving the ability to utilize the excuse of ignorance when it conducts itself , Explaination: Government officials (Judges, Magistrates, and Law Enforcement) all take Oaths to uphold and protect the U-S. Constitution. These Amendments took a high threshold to be ratified (3/4th of the states). a, QUESTION (12): What are the consequences for the Government that ignore and/or break the Supreme Law of the land, the Constitution? . , -xi 1 rf :

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-02
Waiver of right of respondent United States to respond filed.
2019-02-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2019)

Attorneys

John Moses Burton
John Moses Burton IV — Petitioner
John Moses Burton IV — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent