No. 22-7401

Brandon Quane Hudson v. United States

Lower Court: Fourth Circuit
Docketed: 2023-04-28
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 4th-amendment criminal-procedure drug-trafficking fourth-amendment good-faith-exception magisterial-review magistrate-review probable-cause search-and-seizure search-warrant
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2023-06-01
Question Presented (AI Summary)

Whether the Leon good-faith exception applies to a search warrant that lacked sufficient probable cause to support a search

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW In this case, police executed a search warrant at a person’s home based solely on the fact that said person was involved in the sale of drugs, when other information suggested that drugs were stored in another person’s nearby home. Both the district court and Fourth Circuit correctly assumed that the warrant lacked sufficient probable cause to support a search but held that the evidence recovered during the search was admissible under the good-faith exception set forth in United States v. Leon, 468 U.S. 897 (1984). The issue presented in this Petition is whether the Leon exception applies in such a situation or whether it was the type of magisterial rubber stamp of a request to search that the evidence should have been suppressed because no police officer could have reasonably relied on the warrant. -1 II.

Docket Entries

2023-06-05
Petition DENIED.
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-05-09
Waiver of right of respondent United States of America to respond filed.
2023-04-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 30, 2023)

Attorneys

Brandon Hudson
Jonathan David ByrneFederal Pub Defender S. Dist., Petitioner
Jonathan David ByrneFederal Pub Defender S. Dist., Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent