No. 21-6364

Kenneth R. Friend v. United States

Lower Court: Eighth Circuit
Docketed: 2021-11-22
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP Experienced Counsel
Tags: 18-usc-2518 authorization-defect dahda-v-united-states deputy-assistant-attorney-general deputy-attorney-general fourth-amendment good-faith-exception warrant-requirement wiretap-statute
Key Terms:
CriminalProcedure Privacy
Latest Conference: 2022-01-07 (distributed 2 times)
Question Presented (AI Summary)

Does the good-faith-exception apply to wiretap-statute-violations?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW It is uncontested that the wiretap orders in Mr. Friend’s case do not contain the proper name of the Deputy Assistant Attorney General who authorized the applications for those orders. Despite that fact, the Eighth Circuit held that the executing officers were entitled to rely on them under the good faith exception to the warrant requirement, and alternatively that they were sufficient. The case thus presents the following questions: 1. Does the good faith exception to the warrant requirement established in United States v. Leon, 468 U.S. 897 (1984), apply to warrants issued in violation of the wiretap statute, 18 U.S.C. § 2518? 2. Is a warrant which does not contain the proper name of the Deputy Assistant Attorney General who authorized the applications for those orders, and does not describe the authorizing officer in a way which could apply to only one person, sufficient on its face as required by 18 U.S.C. § 2518 and Dahda v. United States, 138 S.Ct. 1491, 1498 (2018)? 1

Docket Entries

2022-01-10
Petition DENIED.
2021-12-09
DISTRIBUTED for Conference of 1/7/2022.
2021-12-01
Waiver of right of respondent United States to respond filed.
2021-11-22
Motion (21M42) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2021-11-02
MOTION (21M42) DISTRIBUTED for Conference of 11/19/2021.
2021-10-25
Motion (21M42) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2021-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 22, 2021)

Attorneys

Kenneth R. Friend
Elizabeth Unger CarlyleCarlyle Parish LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent