No. 21-6682

Marcus L. Short v. Nebraska

Lower Court: Nebraska
Docketed: 2021-12-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-law fourth-amendment good-faith good-faith-exception judicial-review leon-standard probable-cause search-warrant united-states-v-leon
Key Terms:
FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether a reviewing court should ignore the Fourth Amendment analysis and go directly to a good faith analysis under United States v. Leon when an affidavit in support of a search warrant is wholly lacking in probable cause

Question Presented (OCR Extract)

QUESTIONS PRESENTED: I, WHEN AN AFFIDAVIT IN SUPPORT OF A SEARCH WARRANT IS WHOLLY LACKING IN PROBABLE CAUSE SHOULD A REVIEWING COURT IGNORE THE FOURTH AMENDMENT ANALYSIS AND GO DIRECTLY TO A GOOD FAITH ANALYSIS PURSUANT TO UNITED STATES V. LEON. i.

Docket Entries

2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2022-01-10
Waiver of right of respondent State of Nebraska to respond filed.
2021-12-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 20, 2022)

Attorneys

Marcus Short
Thomas C. RileyDouglas Co. Defender's Office, Petitioner
State of Nebraska
James A. CampbellNebraska Attorney General's Office, Respondent