No. 19-5458

Samantha Winter v. United States

Lower Court: Fourth Circuit
Docketed: 2019-08-05
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 4th-amendment 5th-amendment criminal-procedure custodial-interrogation evidence evidence-admission harmless-error miranda-warnings motion-to-suppress rule-404b search-and-seizure warrantless-search
Key Terms:
FourthAmendment FifthAmendment CriminalProcedure Privacy
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (AI Summary)

whether-miranda-rights-were-violated

Question Presented (OCR Extract)

QUESTIONS PRESENTED QUESTION 1: © WHETHER THE DISTRICT COURT ERRONEOUSLY DENIED MS. WINTER’S MOTION TO SUPPRESS HER STATEMENTS TO LAW ENFORCEMENT OFFICERS, WHERE ATF AGENTS AND A KING GEORGE COUNTY DETECTIVE CONDUCTED A CUSTODIAL INTERROGATION OF SAMANTHA WINTER WITHOUT FIRST NOTIFYING MS. WINTER OF HER RIGHTS PURSUANT TO MIRANDA V. ARIZONA. QUESTION 2: © WHETHER THE DISTRICT COURT ERRONEOUSLY ADMITTED EVIDENCE PURSUANT TO RULE 404(B) OF THE FEDERAL RULES OF EVIDENCE THAT HER THEN BOYFRIEND DEVON BYRD, TRAFFICKED THC LACED CANDY FROM CALIFORNIA. QUESTION 3: WHETHER THE DISTRICT COURT ERRONEOUSLY ADMITTED EVIDENCE REGARDING THE THC CANDY TRAFFICKED BY DEVON BYRD. (a) Whether the trial court erroneously denied Samantha Winter's Motion to Suppress the THC candy trafficked by Devon Byrd that law enforcement officers seized during an unconstitutional, warrantless search of Ms. Winter’s car during a traffic stop; and (b) Whether the trial court erroneously admitted Mr. Byrd’s mug shot, packages of the THC candy that law enforcement seized from Mr. Byrd, certificates of analysis and testimony regarding Mr. Byrd’s drug trafficking and arrest, where the evidence was not relevant to the allegations that Ms. Winter lied about her marijuana use when purchasing a gun QUESTION 4: WHETHER THE TRIAL COURT’S ERRONEOUS RULINGS ARE HARMLESS. 2

Docket Entries

2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-11-14
Brief of respondent United States of America in opposition filed.
2019-10-09
Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2019.
2019-10-08
Motion to extend the time to file a response from October 15, 2019 to November 14, 2019, submitted to The Clerk.
2019-09-12
Response Requested. (Due October 15, 2019)
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-08-12
Waiver of right of respondent United States of America to respond filed.
2019-07-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2019)

Attorneys

Samantha Winter
Melinda VanLoweThe Law Office of Melinda L. VanLowe, PC, Petitioner
Melinda VanLoweThe Law Office of Melinda L. VanLowe, PC, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent