No. 20-7098

Herminio Nicolas Reyes v. Georgia

Lower Court: Georgia
Docketed: 2021-02-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split constitutional-law criminal-procedure due-process exclusionary-rule inevitable-discovery police-misconduct search-and-seizure
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2021-04-01
Question Presented (AI Summary)

Whether the police officer must actively be pursuing a lawful means of obtaining evidence prior to the occurrence of the illegal misconduct under the inevitable discovery exception

Question Presented (OCR Extract)

QUESTION PRESENTED Whether, in conflict with the holdings of the U.S. Courts of Appeals for the Second, Fifth, Eighth, Eleventh and D.C. Circuits and several State courts of last resort, the trial court erred in failing to find that the police officer must actively be pursuing a lawful means of obtaining evidence prior to the occurrence of the illegal misconduct under the inevitable discovery exception to the exclusionary rule.

Docket Entries

2021-04-05
Petition DENIED.
2021-03-17
DISTRIBUTED for Conference of 4/1/2021.
2021-03-09
Waiver of right of respondent Georgia to respond filed.
2021-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 12, 2021)

Attorneys

Georgia
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent
Herminio Reyes
Frances C. KuoFrances C. Kuo, Attorney At Law, Petitioner