No. 20-7896

John Matthew Gayden, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-04-30
Status: Denied
Type: IFP
IFP
Tags: actual-prejudice criminal-investigation due-process fourth-amendment pre-indictment-delay prescription-drug-monitoring prescription-drug-monitoring-program search-and-seizure warrant-requirement warrantless-search
Key Terms:
DueProcess FourthAmendment Privacy HealthPrivacy
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the Fourth Amendment permits a law enforcement officer to search the Florida Prescription Drug Monitoring Program without a warrant

Question Presented (OCR Extract)

question presented is: whether, or under what circumstances, the Fourth Amendment permits a law enforcement officer pursuing a criminal investigation to search the PDMP without a warrant. II. Whether, to establish that pre-indictment delay violated due process, the defendant must prove both actual prejudice from the delay and that the delay resulted from the government’s improper motive or intentional tactical decision, as nine circuit courts and 28 state courts of last resort have held, or whether the defendant must prove actual prejudice and, assuming he does, courts must then balance that prejudice against the government’s articulated reasons for the delay, as two circuit courts and nine state courts of last resort have held. 1

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-08-11
Reply of petitioner John Matthew Gayden, Jr. filed.
2021-07-30
Brief of respondent United States of America in opposition filed.
2021-06-25
Motion to extend the time to file a response is granted and the time is further extended to and including July 30, 2021.
2021-06-24
Motion to extend the time to file a response from July 1, 2021 to July 30, 2021, submitted to The Clerk.
2021-05-27
Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2021.
2021-05-26
Motion to extend the time to file a response from June 1, 2021 to July 1, 2021, submitted to The Clerk.
2021-04-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 1, 2021)

Attorneys

John Matthew Gayden, Jr.
Katherine HowardOffice of the Federal Defender, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent