No. 18-9773

Arie Robert Redeker v. Dwight Neven, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2019-06-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment coercion coercive-detention coercive-tactics constitutional-rights custodial-interrogation fifth-amendment fruit-of-poisonous-tree fruit-of-the-poisonous-tree involuntary-confession law-enforcement-tactics self-incrimination
Key Terms:
FifthAmendment DueProcess FourthAmendment CriminalProcedure Punishment HabeasCorpus Privacy
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether fruit of the poisonous tree doctrine applies to a custodial interrogation that has been tainted

Question Presented (OCR Extract)

QUESTION PRESENTED WHETHER FRUIT OF THE POISONOUS TREE DOCTRINE APPLIES TO A CUSTODIAL INTERROGATION THAT HAS BEEN TAINTED BY: 1). LAW ENFORCEMENT FORCING THE INTERROGATED INDIVIDUA TO REMAIN IN HIS FRONT YARD FOR MORE THAN SIX HOURS IN THE MIDDLE OF THE NIGHT WITHOUT WARM CLOTHING; 2). SUBJECTING THE INDIVIDUAL TO REPEATED INTERROGATIONS INCLUDING AN HOUR INTERVIEW IN A POLICE VEHICLE WHERE THE ACCUSED FREQUENTLY VOICED HIS DESIRE TO END HIS CONFINEMENT AND INTERROGATION; 3). LAW ENFORCEMENT REFUSED HIS REQUESTS TO GO INTO THE HOUSE TO, AMONG OTHER THINGS, RETRIEVE HIS MEDICATION; AND 4). THE ACCUSED REPEATEDLY REFUSED TO ANSWER QUESTIONS AND DID NOT CONFESS UNTIL THE PROLONGED DETENTION CULMINATED IN HIS EARLY MORNING HOUR INTERROGATION IN A POLICE INTERVIEW ROOM? i

Docket Entries

2019-10-07
Petition DENIED.
2019-08-08
DISTRIBUTED for Conference of 10/1/2019.
2019-08-06
Waiver of right of respondents Warden Neven, et al. to respond filed.
2019-06-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 24, 2019)

Attorneys

Arie Redeker
Jason F CarrFederal Public Defenders Office, Petitioner
Warden Neven, et al.
Heather Diane Procter — Respondent