No. 23-327

John Canada v. United States

Lower Court: Tenth Circuit
Docketed: 2023-09-28
Status: Denied
Type: Paid
Experienced Counsel
Tags: appellate-review clear-error fourth-amendment motion-to-suppress ornelas-standard ornelas-v-united-states probable-cause standard-of-review suppression-hearing
Key Terms:
FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether the review of the evidence in a suppression-hearing record 'in the light most favorable to the government' conflicts with Ornelas's standard of review and impermissibly places a thumb on the scales in favor of the prosecution in resolving Fourth-Amendment

Question Presented (from Petition)

QUESTION PRESENTED This case presents a significant and recurring question about the standard of appellate review of a district court’s ruling on a motion to suppress evidence, on which the courts of appeals are deeply divided. In Ornelas v. United States, 517 U.S. 690 (1996), this Court granted certiorari to resolve this issue and explicitly held that the court of appeals should review the district court’s factual findings for clear error; “give due weight to inferences drawn from those facts by resident judges and local law enforcement officers”; and decide whether reasonable suspicion or probable cause exists de novo. Id. at 699. Despite that clear guidance, the Tenth Circuit and other courts of appeals have added a layer of deference to the prosecution by reviewing the evidence in a suppression-hearing record in the “light most favorable to the government.” This case presents the following issue: Whether the review of the evidence in a suppression-hearing record “in the light most favorable to the government” conflicts with Ornelas’s standard of review and impermissibly places a thumb on the scales in favor of the prosecution in resolving Fourth Amendment claims.

Docket Entries

2024-01-08
Petition DENIED.
2023-12-13
DISTRIBUTED for Conference of 1/5/2024.
2023-12-12
2023-11-29
Brief of respondent United States in opposition filed.
2023-10-26
Motion to extend the time to file a response is granted and the time is extended to and including November 29, 2023.
2023-10-24
Motion to extend the time to file a response from October 30, 2023 to November 29, 2023, submitted to The Clerk.
2023-09-25

Attorneys

John Canada
Jonathan Podolsky SchnellerO' Melveny & Myers, Petitioner
Jonathan Podolsky SchnellerO' Melveny & Myers, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent