No. 21-5602

Charles E. Garza, Jr. v. Nebraska

Lower Court: Nebraska
Docketed: 2021-09-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment constitutional-rights expectation-of-privacy fourth-amendment privacy probable-cause residence search-and-seizure vehicle-search warrant warrant-scope
Key Terms:
DueProcess CriminalProcedure Privacy
Latest Conference: 2021-10-29
Question Presented (AI Summary)

Whether petitioner had expectation of privacy in parked vehicle

Question Presented (OCR Extract)

Questions Presented for Review j 1. a. Whether or not the petitioner: had an expectation of privacy in his parked vehicle. b. If the search and seizure of the petitioner outside of his | vehicle violated his constitutional rights. 2. a. Did the seizures outside of the warrant’s scope beyond the express limitations imposed by the magistrate violate the petitioner’s constitutional rights? b. Whether or not a facially deficient warrant may be cured by an unaccompanying affidavit. 3. Whether or not probable cause to arrest an individual suspected of narcotic tracking establishes probable cause to search his residence without an additional nexus to the individual’s home. 4, Whether or not the petitioner had a reasonable expectation of privacy in a 600 lb safe in a residence as luggage does in a vehicle. 5. Whether or not the petitioner’s constitutional rights were violated by the district court failing to recuse itself as required by state and federal law. i

Docket Entries

2021-11-01
Petition DENIED.
2021-10-07
DISTRIBUTED for Conference of 10/29/2021.
2021-10-05
Waiver of right of respondent Nebraska to respond filed.
2021-08-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 8, 2021)

Attorneys

Charles E. Garza
Charles E. Garza Jr. — Petitioner
Nebraska
James A. CampbellNebraska Attorney General's Office, Respondent