No. 23-6006

Delando Johnson v. United States

Lower Court: Sixth Circuit
Docketed: 2023-11-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: drug-investigation fourth-amendment good-faith-exception leon-exception nexus nexus-requirement probable-cause residential-search search-warrant
Key Terms:
FourthAmendment CriminalProcedure Immigration Privacy JusticiabilityDoctri
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether an application for a warrant to search a home for drugs must contain objective evidence of a nexus between the evidence sought and the residence to be searched

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether an application for a warrant to search a home for drugs must contain objective evidence of a nexus between the evidence sought and the residence to be searched, in order to permit a magistrate to find, at a minimum, in accordance with the Fourth Amendment, that the evidence will probably be found in the place to be searched. 2. Whether deliberate delay by drug investigation agents, exceeding eight months between controlled buys and the agents’ application for a residential search warrant, lacking probable cause, objectively negates application of Leon’s good faith exception. i

Docket Entries

2024-01-08
Petition DENIED.
2023-11-30
DISTRIBUTED for Conference of 1/5/2024.
2023-11-21
Waiver of right of respondent United States to respond filed.
2023-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2023)

Attorneys

Delando Johnson
John KarafaGravis Law PLLC, Petitioner
John KarafaGravis Law PLLC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent