No. 19-7950

Daejerron L. Valentine v. Nebraska

Lower Court: Nebraska
Docketed: 2020-03-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment ambiguity automobile-exception conjunctive consistency criminal-procedure Did the removal of 'or' create ambiguity? disjunctive fourth-amendment Is a defendant entitled to consistent jury instruc jury-instructions jury-trial legislative-history possession probable-cause reasonableness reasonableness-standard scope-of-search search search-and-seizure search-scope statutory-interpretation warrant-requirement warrantless-search
Key Terms:
FourthAmendment DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2020-04-03
Question Presented (AI Summary)

Did the warrantless search of an automobile exceed the scope of the automobile exception?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Did the warrantless search of an automobile pursuant to the automobile exception become unreasonable when police officers expanded the search beyond the time and intensity required to locate the object of the search? 2) Does the removal of the disjunctive “or” from a statutory list give rise to ambiguity such that legislative history can be considered when interpreting such statute? 3) Is a defendant entitled to jury instructions which consistently instruct the jury on the term “possession?”

Docket Entries

2020-04-06
Petition DENIED.
2020-03-19
DISTRIBUTED for Conference of 4/3/2020.
2020-03-11
Waiver of right of respondent State of Nebraska to respond filed.
2020-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 9, 2020)

Attorneys

Daejerron Valentine
Thomas C. RileyDouglas Co. Defender's Office, Petitioner
Thomas C. RileyDouglas Co. Defender's Office, Petitioner
State of Nebraska
Nathan Andrew LissNebraska Attorney General's office, Respondent
Nathan Andrew LissNebraska Attorney General's office, Respondent