No. 20-7423

Jose Jesus Cruz v. United States

Lower Court: Tenth Circuit
Docketed: 2021-03-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment destruction-of-evidence evidence-destruction exigent-circumstances fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2021-04-01
Question Presented (AI Summary)

Is it reasonable for law enforcement to enter a suspect's home under the exigent-circumstances exception when there is no genuine exigency?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is it reasonable for law enforcement to enter a suspect’s home under the exigent circumstances (fear of imminent destruction of evidence) exception when there is no genuine exigency, i.e. “destruction of evidence is not likely,” because officers only have a mere suspicion that evidence actually exists that the suspect might destroy? ii

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 to respond filed.
2021-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2021)

Attorneys

Jose Cruz
Carey BhallaLaw Office of Carey C. Bhalla LLC, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent