No. 22-7881

Leroy Henry Jr. v. United States

Lower Court: Third Circuit
Docketed: 2023-06-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: anonymous-informant exclusionary-rule fourth-amendment good-faith good-faith-doctrine probable-cause search-and-seizure united-states-v-leon warrant-requirement
Key Terms:
FourthAmendment DueProcess CriminalProcedure
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether United States v. Leon, 468 U.S. 897 (1984) was wrongly decided

Question Presented (OCR Extract)

QUESTION PRESENTED Here, the District Court denied Mr. Henry’s motion to suppress the search of his automobile—despite finding that the warrant authorizing that search lacked probable cause—based on the ‘good faith doctrine’ as established in in United States v. Leon, 468 U.S. 897 (1984). The Third Circuit upheld the District Court’s decision despite the fact that this Court’s twenty-year-old binding precedent in Florida v. J.L., 529 U.S. 266 (2000) unequivocally established that corroboration of nonpredictive information only cannot be used to confirm the reliability of an anonymous informant under the less demanding reasonable suspicion standard. The Third Circuit’s decision makes clear that the good faith “exception” has now swallowed the probable cause “rule”, and the Fourth Amendment guarantee that “no Warrants shall issue, but upon probable cause” is largely illusory. The questions presented are: 1. Whether United States v. Leon, 468 U.S. 897 (1984) was wrongly decided; and 2. Whether subsequent decisions of this Court and the lower courts have so expanded the Leon decision as to require this Court’s intervention in order to narrow the Leon exception to its proper constitutional limits.

Docket Entries

2023-10-02
Petition DENIED.
2023-07-06
DISTRIBUTED for Conference of 9/26/2023.
2023-06-29
Waiver of right of respondent United States to respond filed.
2023-06-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 27, 2023)

Attorneys

Leroy Henry Jr.
Matthew A. CampbellFederal Public Defender, USVI, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent