No. 20-526

Jason M. Blackburn v. United States

Lower Court: Armed Forces
Docketed: 2020-10-20
Status: Denied
Type: Paid
Response Waived
Tags: 4th-amendment child-pornography criminal-procedure digital-evidence fourth-amendment good-faith-exception military-justice probable-cause search-and-seizure search-warrant
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Whether the Court of Appeals erred in holding the good faith exception applied to the search and seizure of Petitioner's computer?

Question Presented (OCR Extract)

QUESTION PRESENTED At trial, the military judge found probable cause did not exist where federal agents searched for and seized a personal computer from Petitioner’s home. The military judge made this determination because the search affidavit did not directly tie Petitioner’s camcorder to any other digital media belonging to him, nor was there evidence presented to the magistrate to suggest Petitioner was involved in the viewing or transmitting of child pornography beyond the allegation that he may have used his camcorder to videotape his 12-year-old step daughter while she was naked in the bathroom. The military judge, however, found the good faith exception applied. The Air Force Court of Criminal Appeals (AFCCA) disagreed and set aside Petitioner’s conviction. The U.S. Court of Appeals of the Armed Forces (Court of Appeals) subsequently overturned the AFCCA’s decision, finding the good faith exception applicable because the federal agent did not act with a reckless disregard for the truth when seeking the search authorization. The Question Presented is: Whether the Court of Appeals erred in holding the good faith exception applied to the search and seizure of Petitioner’s computer? i

Docket Entries

2020-12-07
Petition DENIED.
2020-11-17
DISTRIBUTED for Conference of 12/4/2020.
2020-11-03
Waiver of right of respondent United States to respond filed.
2020-10-14
Petition for a writ of certiorari filed. (Response due November 19, 2020)

Attorneys

Jason Blackburn
Meghan Renae Glines-BarneyUnited States Air Force, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent