No. 20-6475

Samer Walid Abdalla v. United States

Lower Court: Sixth Circuit
Docketed: 2020-11-30
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: fourth-amendment judicial-authorization law-enforcement neutral-magistrate particularity probable-cause residence search-warrant warrant-specificity
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2021-01-15
Question Presented (AI Summary)

Whether the Fourth Amendment was violated when officers executed a search warrant that authorized the search of a different residence in a different town and county

Question Presented (from Petition)

QUESTIONS PRESENTED Approximately 18 law-enforcement officers raided Samer Abdalla’s home with what purported to be a search warrant. On the first page of the document was a statement that probable cause existed to search Mr. Abdalla’s home, with an accurate description of that residence. However, on the third and final page, the document expressly authorized search of a different residence—an actual home on a different street, in a different town, and in a different county. The questions presented are: 1. Under the Fourth Amendment, did officers have a “warrant” to search Mr. Abdalla’s residence when the document purporting to authorize search in fact authorized search of an entirely different residence in a different town and different county? 2. Under the Fourth Amendment, if the document in question wasa warrant, did the inclusion of the incorrect address in the authority-to-search section deprive the warrant of probable cause, particularity, or the authorization of a neutral and detached magistrate? ii

Docket Entries

2021-01-19
Petition DENIED.
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-12-17
Waiver of right of respondent United States to respond filed.
2020-11-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 30, 2020)

Attorneys

Samer Abdalla
Michael Clark HolleyOffice of the Federal Public Defender, Petitioner
Michael Clark HolleyOffice of the Federal Public Defender, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent