No. 19-6241

Elfred William Petruk v. United States

Lower Court: Eighth Circuit
Docketed: 2019-10-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confidential-informant confidential-informants drug-evidence eighth-circuit fourth-amendment gps-tracking gps-tracking-warrants illinois-v-gates probable-cause search-warrant stale-information
Key Terms:
CriminalProcedure Privacy
Latest Conference: 2019-11-08
Question Presented (AI Summary)

Did the Eighth Circuit erroneously rule, in conflict with this Court's decision in Illinois v. Gates, that the search warrant for a Chrysler vehicle alleged to be associated with Petitioner stated probable cause?

Question Presented (OCR Extract)

QUESTION PRESENTED Did the Eighth Circuit erroneously rule, in conflict with this Court’s decision in J/linois v. Gates, 462 U.S. 213 (1983), that the searchwarrant for a Chrysler vehicle alleged to be associated with Petitioner stated probable cause, where the supporting affidavit, by a straw affiant, contains no facts making it probable that vehicle currently contained drug-related evidence, owing to the cited confidential informants not being shown to have current, reliable information, the affidavit relying on stale information from a prior, unexecuted search warrant, and the affidavit not making it probable that the Chrysler would even be in the County where the warrant had to be executed, and where earlier-issued the GPS tracking-warrants for other vehicles allegedly associated with Petitioner had similar and basis-of-knowledge defects, and the Chrysler warrant included information from two of those warrants?

Docket Entries

2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-16
Waiver of right of respondent United States to respond filed.
2019-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 12, 2019)

Attorneys

Elfred William Petruk
Mark Dennis NyvoldMark Nyvold, Attorney at Law, Petitioner
Mark Dennis NyvoldMark Nyvold, Attorney at Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent