No. 19-6187
Response WaivedIFP
Tags: affiant-misconduct affidavit child-pornography civil-rights due-process fourth-amendment judicial-review lascivious-exhibition magistrate-judge probable-cause search-and-seizure search-warrant
Key Terms:
CriminalProcedure
CriminalProcedure
Latest Conference:
2019-11-08
Question Presented (AI Summary)
Whether an intentional or reckless omission of purported child pornography images from a search warrant application undermines a finding of probable cause
Question Presented (from Petition)
QUESTION PRESENTED When an agent-affiant intentionally or recklessly omits the images of purported child pornography from a search warrant application in a case alleging possession of child pornography on the sole theory that the images depicted the lascivious exhibition of the genitalia of a minor, such that the issuing magistrate judge is unable to view the images, does that omission fatally undermine a finding of probable cause? 1
Docket Entries
2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-11
Waiver of right of respondent United States of America to respond filed.
2019-10-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2019)
Attorneys
Jon Kaiser
Jonathan David Libby — Office of the Federal Public Defender, Petitioner
Jonathan David Libby — Office of the Federal Public Defender, Petitioner
United States of America
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent