No. 21-7685

Carlos Delgado, aka Los v. United States

Lower Court: Second Circuit
Docketed: 2022-04-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confidential-informant fourth-amendment franks-hearing law-enforcement probable-cause reckless-disregard roviaro-v-united-states search-and-seizure warrant-affidavit
Key Terms:
Privacy
Latest Conference: 2022-06-02
Question Presented (AI Summary)

Did the DEA task force agent act with reckless disregard for the truth when omitting material information that militated against a finding of probable cause from his affidavit or were the omissions permissible, under this Court's precedent Roviaro v. United States, 353 U.S. 53 (1957) and its progeny, as a means to mitigate the risk of revealing the confidential informant's identity?

Question Presented (OCR Extract)

QUESTION PRESENTED During the investigation of the alleged contraband mailing scheme of Mr. Delgado, law enforcement sought and obtained a warrant for his arrest and warrants to search his home and vehicles. These warrants were granted based on an affidavit submitted by a DEA task force agent, which relied in large part on information | provided by a confidential informant. Mr. Delgado | unsuccessfully sought a/ranks hearing and suppression of the evidence obtained as a result of the issuance of those warrants in the trial court and unsuccessfully | appealed the denial of both to the appellate court. The | issue set forth in this petition concerns the decision by the affiant to withhold key exculpatory information from that , affidavit, ostensibly to protect the identity of the | confidential informant, but in a manner which amounts to | acting with reckless disregard for the truth. The question presented is: Did the DEA task force agent act with reckless | disregard for the truth when omitting material information that militated against a finding of probable cause from his affidavit or were the omissions permissible, under this Court’s precedent Roviaro v. United States, 353 U.S. 53 (1957) and its progeny, as a ; means to mitigate the risk of revealing the confidential | informant’s identity?

Docket Entries

2022-06-06
Petition DENIED.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-09
Waiver of right of respondent United States to respond filed.
2022-04-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2022)

Attorneys

Carlos Delgado
Carlos Delgado — Petitioner
Carlos Delgado — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent