No. 19-6561

Maurice D. Joseph v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-11-08
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 4th-amendment 5th-amendment 6th-amendment constitutional-rights due-process fifth-amendment fourth-amendment illegal-interrogation right-to-privacy secret-recording self-incrimination unlawful-interrogation warrantless-recording
Latest Conference: 2020-01-10
Question Presented (from Petition)

The Appellant alleged that defense counsel was ineffective for failing to investigate illegal acts by Detective Burkett, which violated the Appellant's 4th, 5th, 6th, and 14th Amendment of the United States Constitution, and Article I, Section 9, 12, 23 of the Florida Constitutional rights.

1. Is it unlawful for a detective to interrogate a suspect while at his house and secretly record the suspect without consent from the suspect, authorization from the courts, nor a warrant?

2. If a suspect is being interrogated while at his house and is secretly being recorded, does the 5th Amendment self-incrimination also apply to the 4th Amendment right to privacy?

Question Presented (AI Summary)

Whether a detective's interrogation of a suspect at the suspect's home and secret recording of the suspect without consent, court authorization, or a warrant violates the 4th, 5th, and 14th Amendment rights

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2019)

Attorneys

Maurice Joseph
Maurice Joseph — Petitioner