No. 23-5475

Elmer Wayne Zahn v. United States

Lower Court: Eighth Circuit
Docketed: 2023-08-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: color-of-authority exclusionary-rule fourth-amendment gross-negligence police-misconduct probable-cause reckless-disregard warrant-database warrant-system
Key Terms:
CriminalProcedure Privacy
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Does police misconduct in maintaining an inaccurate warrant database violate the Fourth Amendment?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW When police threaten individual liberty of the | citizens whom they serve, lack responsibility to maintain the integrity of their warrant system database, simply. | because "We don't have the money or the time to be reviewing the system, along with no safeguards in place | to prevent errors," and should this cause a Fourth Amendment violation; , 1. Does this police misconduct become a reckless disregard of the constitutional requirements : of the citizens whom they serve? 2. Is this reckless, deliberate, ‘intentional, | or flagrant police misconduct towards maintaining their own warrant system database in which they totally depend upon for accuracy? 3. Does this become gross negligent police misconduct considering the testimony given : "We don't have the money or the:time to be reviewing the system for errors."? "Leon admonished that we must consider the actions of all police officers involved." Herring [555 U.S. 140]. "An assessment of the flagrancy of police misconduct constitutes an important step in the calculus of applying the exclusionary rule." Herring [555 U.S. 143]; | | vi @ QUESTIONS PRESENTED FOR REVIEW (CONTINUED) 4. To what degree is the police misconduct if police intentionally never informed the 7 defense that; | A. No active warrant ever existed for his | 2019 arrest? B. The police remained in the hotel room for hours waiting on the search warrant in : 2020 arrest? 5. To what degree is the police misconduct if the police violated the State Law Statute to make the 2019 arrest and is the officer "under color of authority" to make an arrest? 6. To what degree is the misconduct if the . prosecutor failed to provide defense with | exculpatory evidence from Officer Chris : ; Gross which would show false or misleading testimony made by Drug Investigator Wes Graff in 2020 arrest? U.S. v. Bagley 473 U.S. 667 (1985). U.S. v. Agurs 427 U.S. 97, 103, 96 (1976). "The exclusionary rule provides redress for Fourth Amendment violations by placing the government in the position it would have been in had there been no unconstitutional arrest and search." Herring [555 U.S. 148]. -ii; @ . QUESTIONS, PRESENTED FOR REVIEW . (CONTINUED) . 7. Does the "Fruits of the Poisonous Tree" | doctrine protect an individual from arrest in 2020, when the evidence of probable cause | originates from a suppressed unconstitutional . : arrest in 2019? . | What if police "Sit on the stash of drugs" alone | in a protected area awaiting the search warrant for | that area while handling possible evidence then questioning a possible suspect about such evidence? 8. When exactly did the search begin, did the search begin when police attempted to obtain information? U.S. v. Jones 565 U.S. 400, 132 S. Ct. 945,181 L.Ed. 2d 911, 2012. 9. If an officer is left alone in the protected | . area to be searched how can one assume that . the evidence was not handled? : | -iii| | ®@ | |

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-08
Waiver of right of respondent United States to respond filed.
2023-08-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2023)
2023-06-22
Application (22A1101) granted by Justice Kavanaugh extending the time to file until August 20, 2023.
2023-06-07
Application (22A1101) to extend the time to file a petition for a writ of certiorari from June 21, 2023 to August 20, 2023, submitted to Justice Kavanaugh.

Attorneys

Elmer Wayne Zahn
Elmer Wayne Zahn — Petitioner
Elmer Wayne Zahn — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent