No. 20-6863

Tommy Findley v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-01-13
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: circuit-split federal-court-review first-amendment fourth-amendment internet-access probable-cause state-law-application supervised-release warrant-application warrant-probable-cause
Key Terms:
FirstAmendment FourthAmendment CriminalProcedure
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether a federal court is required to apply controlling state law in determining whether facts omitted from a warrant application vitiate probable cause

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 1. Whether a federal court is required to apply controlling state law in determining whether facts omitted from a warrant application vitiate probable cause, where the inclusion of those facts would have precluded issuance of the warrant in the jurisdiction where the warrant was obtained. 2. Whether the Court should resolve the circuit split between the Eighth and Eleventh Circuits on one side, and the Second and Third Circuits on the other, regarding whether the First Amendment right to access the Internet recognized in Packingham v. North Carolina, 137 8. Ct. 1730 (2017), applies to persons on supervised release. i INTERESTED PARTIES AND RELATED PROECEDINGS There are no

Docket Entries

2021-02-22
Petition DENIED.
2021-01-21
DISTRIBUTED for Conference of 2/19/2021.
2021-01-15
Waiver of right of respondent United States to respond filed.
2020-12-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2021)

Attorneys

Tommy Findley
Tracy M. DreispulFederal Public Defender, Southern District of Florida, Petitioner
Tracy M. DreispulFederal Public Defender, Southern District of Florida, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent