No. 21-391

Paul Alexander, aka David Paul Hayes v. United States

Lower Court: Fourth Circuit
Docketed: 2021-09-10
Status: Denied
Type: Paid
Response Waived
Tags: circuit-conflict circuit-split constitutional-search derivative-evidence exclusionary-rule fourth-amendment fourth-circuit harmless-error suppression supreme-court-precedent
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Is the Fourth Circuit in violation of Supreme Court precedent and in conflict with other circuits when, in conducting a harmless error review, it intentionally does not consider derivative evidence that was obtained as a result of the unconstitutional car search?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is the Fourth Circuit in violation of Supreme Court precedent and in conflict with other circuits when, in conducting a harmless error review, it intentionally does not consider derivative evidence that was obtained as a result of the unconstitutional car search? 2. Is the Fourth Circuit in violation of Supreme Court precedent and in conflict with other circuits when, in conducting a harmless error review, it assesses not the impact of the suppressed evidence on the jury, but rather assesses only the overall strength of the Government’s untainted evidence?

Docket Entries

2021-10-12
Petition DENIED.
2021-09-22
DISTRIBUTED for Conference of 10/8/2021.
2021-09-16
Waiver of right of respondent United States to respond filed.
2021-09-08
Petition for a writ of certiorari filed. (Response due October 12, 2021)

Attorneys

Paul Alexander
Christopher Justin BrownThe Law Office of C. Justin Brown, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent