No. 21-6761

Patrick Killen, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-01-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment 5th-amendment 6th-amendment due-process fifth-amendment fourth-amendment mlat mlat-evidence search-warrant sixth-amendment
Key Terms:
DueProcess CriminalProcedure HabeasCorpus Privacy
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether this Court should visit the issue of allowing law enforcement to gather information initiated by the United States to use a Mutual Legal Assistance Treaty (MLAT) in lieu of a search warrant

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether this Court should visit the issue of allowing law enforcement to gather information initiated by the United States to use a Mutual Legal Assistance Treaty (“MLAT”) in lieu of a search warrant. In the instant case, Petitioner was unable to gather the same information, which according to Public Defender, Michael Caruso, is a violation of Defendant’s Fifth Amendment Due Process right. Whether this Court should visit the issue of allowing law enforcement to gather content and historical location information using IP (Internet Protocol) addresses without a search warrant. In the instant case, law enforcement gathered over four (4) months of IP (Internet Protocol) addresses of historical cell phone records that provided a comprehensive catalog of the Petitioner’s past movements and locations without the Petitioner’s knowledge and without a search warrant in violation of Petitioner’s Fourth Amendment (U.S. CONST. IV) right. : Whether this Court should visit the issue of allowing law enforcement to gather evidence from a foreign entity without a search warrant and then allow the foreign entity destroy the original evidence. In the instant case, Petitioner was unable to ascertain the original evidence gathered from an MLAT as it had been destroyed and the records custodian did not testify in violation of Petitioner’s Sixth Amendment right. Additionally, Petitioner was unable to examine evidence taken from his laptop as the laptop had been reimaged by the FBI and all original evidence had been destroyed. 2

Docket Entries

2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2022-01-07
Waiver of right of respondent United States to respond filed.
2021-12-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2022)
2021-11-24
Application (21A178) granted by Justice Thomas extending the time to file until January 6, 2022.
2021-11-15
Application (21A178) to extend the time to file a petition for a writ of certiorari from December 7, 2021 to February 5, 2022, submitted to Justice Thomas.

Attorneys

Patrick Killen
Patrick Killen Jr. — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent