No. 19-7020

Nahach Garay v. United States

Lower Court: Ninth Circuit
Docketed: 2019-12-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment affidavit criminal-procedure fourth-amendment inventory-search law-enforcement probable-cause search-and-seizure training-and-experience warrant warrantless-search
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2020-01-24
Question Presented (AI Summary)

Whether a purported inventory search that produces no inventory can justify the warrantless search of an automobile

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether, a purported inventory search that produces no inventory, can justify the warrantless search of automobile after its occupants have been removed from the vehicle. 2. Whether a magistrate may issue a warrant finding probable cause for a search where the police officer’s affidavit states a belief that contraband will be found based on the officer’s training and experience without proving any facts about how the training and experience leads to that belief. i

Docket Entries

2020-01-27
Petition DENIED.
2020-01-09
DISTRIBUTED for Conference of 1/24/2020.
2019-12-30
Waiver of right of respondent United States of America to respond filed.
2019-12-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2020)

Attorneys

Nahach Garay
Guy Michael TanakaLaw Office of Michael Tanaka, Petitioner
Guy Michael TanakaLaw Office of Michael Tanaka, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent