No. 21-7182

Ernest Judge Smith, III v. Florida

Lower Court: Florida
Docketed: 2022-02-24
Status: Denied
Type: IFP
IFP
Tags: due-process exigent-circumstances fourteenth-amendment fourth-amendment knock-and-announce law-enforcement-tactics probable-cause search-and-seizure unreasonable-search warrantless-arrest
Key Terms:
DueProcess FourthAmendment FifthAmendment
Latest Conference: 2022-04-22
Question Presented (AI Summary)

Isn't the Fourth and Fourteenth Amendments violated when exigent circumstances are created through police officers use of unreasonable law enforcement tactics?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Isn’t the Fourth and Fourteenth Amendments violated when exigent circumstances are created through police officers use of unreasonable law enforcement tactics ? 2. Isn’t the Fourth and Fourteenth Amendments violated when exigent circumstances cease, and police officers continue to search ? 3. Isn’t The Knock and Announce rule a clearly establish right? 4. Isn’t the Fourth and Fourteenth Amendments violated when police officers enter a premises they know is occupied without performing a Knock and Announce procedure? 5. Isn’t the Fourth and Fourteenth Amendments violated when police officers search and seize a person inside their home without warrants issued ? . 6. Isn’t the Fourth and Fourteenth Amendments violated when police officers arrest a person without conducting a reasonable investigation ? 2 7. Isn’t the Fourth and Fourteenth Amendments violated when police officers arrest a person and involuntarily without probable cause or warrants issued, escorts or transport that person from one place to another ? 8. Isn’t the Fourth and Fourteenth Amendments are violated when police officers arrest a person first and then search for incriminating evidence ? 9. Isn’t the Fourth and Fourteenth Amendments violated by the government when they use evidence that derived from an unlawful search and seizure ? 10. Isn’t it a Fourteenth Amendment violation for prosecutors to knowingly make false , material statements pertaining to a criminal case ? 11. Isn’t the Fifth and Fourteenth Amendments violated when a person is to stand trial and defend their self against charges that is knowingly based on perjured material evidence ? 12. When prosecutors intentionally alters evidence, violating the Fourteenth 3 Amendment doesn’t that warrant a dismissal of criminal charges ? 13. Isn’t it a Fifth and Fourteenth Amendment violation when a Judge sets a Hearing for a motion, but does not give the defendant an opportunity to present or rebuttal arguments ?

Docket Entries

2022-04-25
Petition DENIED.
2022-04-07
DISTRIBUTED for Conference of 4/22/2022.
2022-02-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 28, 2022)

Attorneys

Ernest Judge Smith
Ernest Judge Smith III — Petitioner