No. 23-6715

Re'Shaun Lamonte Wilborne v. United States

Lower Court: Fourth Circuit
Docketed: 2024-02-09
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure evidence exclusionary-rule fourth-amendment inevitable-discovery inventory-search probable-cause search-and-seizure
Key Terms:
FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2024-03-01
Question Presented (AI Summary)

Whether the inventory search doctrine can be invoked on slight evidence when no written inventory search policy was produced and the police officer's testimony was vague, patchy, and only clear that he was entitled to search all property taken with the person when arrested

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW The police violated the Fourth Amendment when they searched Wilborne’s backpack and recovered a firearm that formed the basis of the indictment filed against him. Nevertheless, the district court denied Wilborne’s motion to suppress the firearm, holding that the police would have inevitably discovered it during an inventory search either at the police station or the local jail when Wilborne was transported there. No written inventory search policy was produced, leaving the Government to rely on a police officer witness whose testimony was vague, patchy, and clear only in that he was certain he was entitled to search “[a]ll the property that is taken — taken with the person” when that person is arrested. The issue in this Petition is whether the inventory search doctrine can be invoked on such slight evidence. -1 II.

Docket Entries

2024-03-04
Petition DENIED.
2024-02-15
DISTRIBUTED for Conference of 3/1/2024.
2024-02-13
Waiver of right of respondent United States to respond filed.
2024-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2024)

Attorneys

Re'Shaun Wilborne
Jonathan David ByrneFederal Pub Defender S. Dist., Petitioner
Jonathan David ByrneFederal Pub Defender S. Dist., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent