Tarcisio Valencia-Barragan v. United States
FourthAmendment DueProcess CriminalProcedure Privacy JusticiabilityDoctri
Whether a suspect's flight alone, after submitting to police authority, is sufficient to establish attenuation from an illegal stop and seizure to purge the taint of any Fourth Amendment violation
QUESTIONS PRESENTED 1. Whether a suspect’s flight alone, after submitting to police authority, is sufficient to establish attenuation from an illegal stop and seizure to purge the taint of any Fourth Amendment violation, as the Ninth Circuit holds but which has been expressly rejected by the D.C. Circuit and others. 2. Whether under Rehaif v. United States, 139 S. Ct. 2191 (2019), a defendant who pleaded guilty to possessing a firearm and ammunition as a prohibited person—in this case, having been convicted of a misdemeanor crime of domestic violence—in violation of 18 U.S.C. 922(g)(9) and 924(a), is automatically entitled to plain-error relief if the government failed to produce evidence of defendant’s knowledge of his prohibited status and/or the district court did not advise him that one element of that offense is knowledge of his prohibited status. 3. Whether an appellate court on plain-error review of a Rehaifbased claim is restricted to the district court record or is instead free to consider evidence that was not presented to the factfinder or agreed to by the defendant, a question that has divided the circuits. i PARTIES AND PROCEEDINGS All