No. 19-991

Samson Primm v. United States

Lower Court: Sixth Circuit
Docketed: 2020-02-07
Status: Denied
Type: Paid
Response Waived
Tags: 4th-amendment civil-rights criminal-procedure due-process fifth-amendment forfeiture forfeiture-case fourth-amendment search-and-seizure standing suppression-hearing
Key Terms:
FifthAmendment FourthAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Whether one who has the requisite standing to move to suppress based on contentions, which if validated show his Fourth Amendment rights were violated, must first prove his possession was lawful?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. WHETHER ONE WHO HAS THE REQUISITE STANDING TO MOVE TO SUPPRESS BASED ON CONTENTIONS, WHICH IF VALIDATED SHOW HIS FOURTH AMENDMENT RIGHTS WERE VIOLATED, MUST FIRST PROVE HIS POSSESSION WAS LAWFUL? II. WHEN THE APPEALS COURT RULES, IN A FORFEITURE CASE THEN ON APPEAL THAT THE APPELLANT, HAS TITLE III STANDING: DOES THAT RULING BECOME “THE LAW OF THE CASE” AND AS SUCH CAN IT BE IGNORED BY THE DISTRICT COURT (FOLLOWING A REMAND) WITH IMPUNITY? Ill. WHETHER, GIVEN THE ONUS IS ON THE GOVERNMENT TO PROVE FORFEITABILITY, AND THE LAWFULNESS OF ANY AND ALL SEARCHES AND SEIZURES, CAN THE DISTRICT COURT, AS A CONDITION PRECEDENT TO PROVIDING THE CLAIMANT A HEARING ON HIS MOTION TO SUPPRESS, REQUIRE HIM TO SURRENDER HIS FIFTH AMENDMENT RIGHTS.

Docket Entries

2020-03-23
Petition DENIED.
2020-02-26
DISTRIBUTED for Conference of 3/20/2020.
2020-02-18
Waiver of right of respondent United States to respond filed.
2020-02-04
Petition for a writ of certiorari filed. (Response due March 9, 2020)

Attorneys

Samson Primm
James R Willis — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent