No. 20-5303

Lawrence A. Dibble v. Ohio

Lower Court: Ohio
Docketed: 2020-08-07
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: exclusionary-rule fourth-amendment good-faith-exception judicial-review law-enforcement magistrate oral-testimony probable-cause search-warrant
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2020-11-13 (distributed 2 times)
Question Presented (AI Summary)

Whether a court may consider unrecorded, oral information provided to a magistrate when evaluating the reasonableness of an officer's belief in the existence of probable cause

Question Presented (from Petition)

QUESTION PRESENTED In considering whether a search warrant affidavit is so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable under United States v. Leon, 468 U.S. 897 (1984), may a court also consider unrecorded, oral information that the law enforcement official purportedly gave to the magistrate or judge at the time of the approval of the warrant, or instead should the proper inquiry require review of the affidavit only? i

Docket Entries

2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-10-14
Brief of respondent Ohio in opposition filed.
2020-09-14
Response Requested. (Due October 14, 2020)
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-10
Waiver of right of respondent Ohio to respond filed.
2020-07-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2020)

Attorneys

Lawrence Dibble
Kort W. GatterdamCarpenter Lipps and Leland, Petitioner
Kort W. GatterdamCarpenter Lipps and Leland, Petitioner
Ohio
Steven L. TaylorFranklin Co. Prosecutor's Off., Respondent
Steven L. TaylorFranklin Co. Prosecutor's Off., Respondent