No. 20-7416
James Lee Herman, Jr. v. United States
Tags: 4th-amendment driving-under-the-influence exclusionary-rule fourth-amendment inevitable-discovery inevitable-discovery-doctrine probable-cause search-and-seizure traffic-stop
Key Terms:
FourthAmendment CriminalProcedure
FourthAmendment CriminalProcedure
Latest Conference:
2021-04-01
Question Presented (AI Summary)
Whether police officers who violated a driver's Fourth Amendment rights had probable cause to arrest the driver for driving under the influence and would have inevitably searched him pursuant to that arrest
Question Presented (from Petition)
QUESTION PRESENTED FOR REVIEW Whether police officers who violated a driver's Fourth Amendment rights when they searched him during a traffic stop had probable cause to arrest the driver for driving under the influence and would have inevitably searched him pursuant to that arrest, discovering the firearm they recovered from him.
Docket Entries
2021-04-05
Petition DENIED.
2021-03-17
DISTRIBUTED for Conference of 4/1/2021.
2021-03-15
Waiver of right of respondent United States of America to respond filed.
2021-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 9, 2021)
Attorneys
James Herman
Jonathan David Byrne — Federal Pub Defender S. Dist., Petitioner
Jonathan David Byrne — Federal Pub Defender S. Dist., Petitioner
United States of America
Elizabeth B. Prelogar — Acting Solicitor General, Respondent
Elizabeth B. Prelogar — Acting Solicitor General, Respondent