No. 21-7344

Edwin Calligan v. United States

Lower Court: Seventh Circuit
Docketed: 2022-03-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: anticipatory-warrant contraband fourth-amendment judicial-review probable-cause search-warrant triggering-event
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2022-04-14
Question Presented (AI Summary)

Whether the United States Court of Appeals for the Seventh Circuit decision conflicts with United States v. Grubbs

Question Presented (from Petition)

QUESTIONS PRESENTED A panel of the United States Court of Appeals for the Seventh Circuit ruled: “_..[t]he warrant was not anticipatory” because “...[n]o language in the warrant or affidavit conditions probable cause upon that anticipated delivery.” (App. A pg. 5). 1) Whether the United States Court of Appeals for the Seventh Circuit decision is in direct conflict with and effectively overruled the United States Supreme Court’s decision in United States v. Grubbs, 547 U.S. 90 (2006), which held that the language expressing a triggering event/conditions precedent need not be contained in the warrant itself in order to be a valid anticipatory warrant?; 2) Whether the Fourth Amendment requires law enforcement to return to the warrant—issuing magistrate judge if they alter the triggering event/conditions precedent to an anticipatory search warrant any time after the warrant application has been approved but before the actual servicing of the search warrant? 3) Does the Fourth Amendment allow probable cause to continue to exist for anticipatory search warrant cases, based solely on contraband being mailed to a residence, after the triggering event/conditions precedent fail to occur? i .

Docket Entries

2022-04-18
Petition DENIED.
2022-03-24
DISTRIBUTED for Conference of 4/14/2022.
2022-03-22
Waiver of right of respondent United States to respond filed.
2022-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 11, 2022)
2022-01-24
Application (21A352) granted by Justice Barrett extending the time to file until March 9, 2022.
2022-01-12
Application (21A352) to extend the time to file a petition for a writ of certiorari from February 7, 2022 to March 9, 2022, submitted to Justice Barrett.

Attorneys

Edwin Calligan
Edwin Calligan — Petitioner
Edwin Calligan — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent