No. 19-6187

Jon Kaiser v. United States

Lower Court: Ninth Circuit
Docketed: 2019-10-07
Status: Denied
Type: IFP
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
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 LibbyOffice of the Federal Public Defender, Petitioner
Jonathan David LibbyOffice of the Federal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent