No. 23-6032

James William Thomas, III v. United States

Lower Court: Fourth Circuit
Docketed: 2023-11-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment common-law-presumption-of-ownership fourth-amendment property-seizure reasonable-expectation-of-privacy reasonable-expectation-privacy search-and-seizure search-warrant standing trespassory-test
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether a defendant has standing to challenge the search of property seized from his residence

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a defendant has standing to challenge the search of property seized from his residence pursuant to a search warrant based upon both the common law trespassory test and presumption of ownership and his reasonable expectation of privacy in his property as enunciated in Florida v. Jardines, 569 U.S. 1, 133 S. Ct. 1409, 185 L. Ed. 2d 495 (2013), and Arizona v. Hicks, 480 U.S. 321, 107 S. Ct. 1149, 94 L. Ed. 2d 347 (1987). 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.
2023-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 18, 2023)

Attorneys

James William Thomas
James Richard TheuerJames R. Theuer, PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent