No. 23-6319

Lacarl Dow v. United States

Lower Court: Ninth Circuit
Docketed: 2023-12-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights constitutional-rights due-process evidence-suppression fourth-amendment franks-hearing probable-cause suppression-of-evidence warrant-application
Key Terms:
CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2024-01-19
Question Presented (AI Summary)

Did the affiant officer intentionally or recklessly make false or misleading statements or omissions in support of the warrant

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ' (1) Did the affiant officer intentionally or recklessly make ; false or misleading statements or omissions in support of the war(2) Was the false or misleading statement or omission material necessary to finding probable cause? (3) Was Carson's four calls to Dow hours before the robberies, connect Dow to the robberies, where the four calls were among 69other calls made by Carson prior to the robberies he was arrested for?? (4) Did Lt. Maguire single Mr. Dow out and treat him as being guilty by association based on Mr. Dow's alleged association with Mr. Carson and Mr. Dow's owning a white sedan?? (5) Was Dow's white, four-door, Chevy Impala, matching the description of the vehicle which dropped off the robbery suspect and lefe a couple of minutes after the robbery suspect fled by on footthe only vehicle like that made by General Motors? (6) Did General Motors only make a white vehicle for Mr. Dow? (7) Does the Surveillance video show Dow as being the shadowy , person entering the vehicle before it leaves? (8) Does the viedo show Dow as being the someone walking by the ‘vehicle before it leaves? (9) Does the Surveillance videos show that it was not Dow walking by the vehicle before it leaves? (10) Does Evidence which merely creats a strong suspicion of the guily of the accused shift the burden of proof in any form?? (11) Does the denial of Dow's Motion to Quash and Traverse violate Dow's Federal Constitutional Rights because the warrants lacked Probable Cause and contained material misrepresentations and Omissions? (12) Does the Searches violate the Fourth Amendment because the warrants Lacked Probable Cause, and Evidence Obtained in Reliance on « "Them" Must Be Suppressed? (13) Does the Failure to Hold a Franks Hearing Violate Dow's Fourth, Sixth, and Fourteenth Amendment Rights? 5

Docket Entries

2024-01-22
Petition DENIED. Justice Breyer took no part in the consideration or decision of this petition.
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2024-01-02
Waiver of right of respondent United States to respond filed.
2023-11-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2024)

Attorneys

Lacarl Dow
Lacarl Dow — Petitioner
Lacarl Dow — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent