No. 21-6394

Kyle S. Matthews v. United States

Lower Court: Seventh Circuit
Docketed: 2021-11-23
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment good-faith-exception indicia-of-probable-cause probable-cause prosecutor-involvement search-and-seizure
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2022-02-25
Question Presented (AI Summary)

Where a search warrant affidavit lacks probable cause

Question Presented (from Petition)

QUESTIONS PRESENTED A police officer may rely on an invalid search warrant if he acts with objective good faith, but not when the warrant lacks an indicia of probable cause supporting that evidence of a crime will be found in the place to be searched. 1) Where a search warrant affidavit lacks probable cause, in that it contains only the officer’s “belief” as to the existence of a connection between the defendant or his offense and the place to be searched, along with the officer’s general assertion that his information came from unspecified third parties and police officers, is this information sufficient to constitute “an indicia” of probable cause, such that an officer could have reasonably relied on the warrant? 2) In determining whether a warrant is based on information that constitutes an indicia of probable cause, is the fact that an officer consulted with the prosecutor in preparing a warrant affidavit a relevant consideration? i

Docket Entries

2022-02-28
Petition DENIED.
2022-02-10
DISTRIBUTED for Conference of 2/25/2022.
2022-02-08
Reply of petitioner Kyle Matthews filed. (Distributed)
2022-01-24
Brief of respondent United States in opposition filed.
2021-12-17
Motion to extend the time to file a response is granted and the time is extended to and including January 24, 2022.
2021-12-15
Motion to extend the time to file a response from December 23, 2021 to January 24, 2022, submitted to The Clerk.
2021-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 23, 2021)

Attorneys

Kyle Matthews
Todd SchultzFederal Public Defender, Southern District of Illinois, Petitioner
Todd SchultzFederal Public Defender, Southern District of Illinois, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent