No. 19-5357

Daniel Eugene Cookson v. United States

Lower Court: Tenth Circuit
Docketed: 2019-07-26
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 4th-amendment civil-rights exclusionary-rule federal-magistrate federal-magistrates-act federal-rules-of-criminal-procedure fourth-amendment good-faith-exception magistrate-judge search-warrant territorial-jurisdiction
Key Terms:
FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

When a warrant authorizes a search beyond the issuing judge's territorial jurisdiction, does the good-faith exception to the exclusionary rule apply to save the illegal and unconstitutional search?

Question Presented (OCR Extract)

QUESTION PRESENTED This case involves a warrant issued by a federal magistrate judge in the Eastern District of Virginia authorizing the government to install malware on computers associated with a child pornography website (Playpen). The number, identity, and location of these computers was unknown to law enforcement. Thus, the government used this warrant to search computers in locations well beyond Virginia (here, Kansas). Consistent with other lower courts, the Tenth Circuit assumed that this warrant violated the Federal Magistrates Act (28 U.S.C. § 636), Federal Rule of Criminal Procedure 41(b), and the Fourth Amendment. But the Tenth Circuit refused to suppress evidence under the good-faith exception to the exclusionary rule. The question presented is: When a warrant authorizes a search beyond the issuing judge’s territorial jurisdiction, does the good-faith exception to the exclusionary rule apply to save the illegal and unconstitutional search. i

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-02
Waiver of right of respondent United States to respond filed.
2019-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2019)

Attorneys

Daniel Eugene Cookson
Daniel Tyler HansmeierFederal Public Defender's Office for the District of Kansas, Petitioner
Daniel Tyler HansmeierFederal Public Defender's Office for the District of Kansas, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent