No. 19-5028

Osvaldo Vasquez v. United States

Lower Court: First Circuit
Docketed: 2019-07-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process fifth-amendment fourth-amendment fundamental-fairness gps-tracking gps-warrant sixth-amendment warrant-challenge wiretap-warrant
Key Terms:
DueProcess FourthAmendment FifthAmendment HabeasCorpus CriminalProcedure Privacy
Latest Conference: 2019-10-01
Related Cases: 19-5013 (Vide)
Question Presented (AI Summary)

Whether the Petitioner was denied his fundamental constitutional rights to Due Process and Fundamental Fairness

Question Presented (OCR Extract)

QUESTION PRESENTED L Whether the Petitioner was denied his fundamental constitutional right(s) to Due Process of Law and Fundamental Fairness when he was denied a meaningful opportunity to present a defense and to challenge evidence obtained via a GPS tracking warrant and the search of his home in violation of the Fourth, Fifth, and Sixth Amendments to the United States Constitution. II. | Whether the inability to present a defense, the fundamental unfairness of the proceedings below, and the overall lack of due process equates to insurmountable prejudice, which may not be cured by a post-deprivation judicial process. Il. Whether upholding the issuance of a warrant to intercept wire communications, which was obtained after GPS monitoring for well over five months, in an investigation that was abundant in success, comports with the requirements of the Fourth Amendment in these circumstances. 1

Docket Entries

2019-10-07
Petition DENIED.
2019-07-18
DISTRIBUTED for Conference of 10/1/2019.
2019-07-11
Waiver of right of respondent United States of America to respond filed.
2019-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2019)

Attorneys

Osvaldo Vasquez
Marie Theriault — Petitioner
Marie Theriault — Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent