No. 23-6045

Perry Wayne Suggs, Jr. v. United States

Lower Court: Tenth Circuit
Docketed: 2023-11-17
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: exclusionary-rule fourth-amendment general-warrant good-faith-exception home-search particularity-requirement search-and-seizure warrant-particularity
Key Terms:
FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2024-01-05
Question Presented (AI Summary)

When a warrant plainly violates the Fourth Amendment's particularity requirement by authorizing an unbridled, general search of a home, does the good-faith exception save the fruits of the unconstitutional search from suppression

Question Presented (OCR Extract)

QUESTION PRESENTED This case involves a warrant that authorized officers to conduct an unbridled search of a home. The warrant was “so open-ended” that it could “only be described as a general one, akin to the instruments of oppression vivid in the memory of newly independent Americans when the Fourth Amendment was adopted.” United States v. Suggs, 998 F.3d 1125, 1135 (10th Cir. 2021). Under Groh v. Ramirez, 540 U.S. 551 (2004), suppression was warranted. Yet, a divided panel of the Tenth Circuit refused to suppress the fruits of the unconstitutional warrant and instead applied the goodfaith exception to the exclusionary rule. The question presented is: When a warrant plainly violates the Fourth Amendment’s particularity requirement by authorizing an unbridled, general search of a home, does the goodfaith exception save the fruits of the unconstitutional search from suppression. i

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-12-01
Waiver of right of respondent United States to respond filed.
2023-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 18, 2023)

Attorneys

Perry Wayne Suggs, Jr.
Daniel Tyler HansmeierKansas Federal Public Defender's Office, Petitioner
Daniel Tyler HansmeierKansas Federal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent