No. 19-541

Michael Lambert v. Estate of Kevin Brown, by its Successor in Interest Rebecca Brown, et al.

Lower Court: Ninth Circuit
Docketed: 2019-10-24
Status: Denied
Type: Paid
Tags: cold-case criminal-investigation criminal-procedure dna-evidence exigent-circumstances false-statements fourth-amendment fourth-amendment-violations murder-case probable-cause search-and-seizure search-warrant third-party
Key Terms:
SocialSecurity CriminalProcedure
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether the Fourth Amendment requires a warrant to search a home based on probable cause and exigent circumstances when the home is owned by a third party who is not suspected of any wrongdoing

Question Presented (from Petition)

QUESTIONS PRESENTED San Diego Police Detective Michael Lambert was investigating a 26-year old cold case involving the brutal mutilation and murder of a 14-year old girl. DNA evidence linked a career criminal, Ronald Tatro, and a retired SDPD Criminalist, Kevin Brown, to the murder. Lambert drafted a 39-page search warrant affidavit, and submitted it to a judge who signed the warrant. (

Docket Entries

2020-02-24
Petition DENIED.
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2020-01-09
Reply of petitioner Michael Lambert filed.
2019-12-26
Brief of respondents Estate of Kevin Brown, et al. in opposition filed.
2019-10-29
Motion to extend the time to file a response is granted and the time is extended to and including December 26, 2019.
2019-10-25
Motion to extend the time to file a response from November 25, 2019 to December 26, 2019, submitted to The Clerk.
2019-10-21
Petition for a writ of certiorari filed. (Response due November 25, 2019)

Attorneys

Estate of Kevin Brown, et al.
Eugene G. IredaleIredale and Yoo, APC, Respondent
Eugene G. IredaleIredale and Yoo, APC, Respondent
Michael Lambert
Catherine Ann RichardsonSAN DIEGO CITY ATTORNEY'S OFFICE, Petitioner
Catherine Ann RichardsonSAN DIEGO CITY ATTORNEY'S OFFICE, Petitioner