No. 23-6742

Alexander D. Pennington v. United States

Lower Court: Fifth Circuit
Docketed: 2024-02-14
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 5th-amendment 5th-amendment-rights 5th-circuit criminal-investigation criminal-procedure custody fifth-amendment interrogation miranda-rights search-warrant
Key Terms:
FifthAmendment CriminalProcedure
Latest Conference: 2024-03-15
Question Presented (AI Summary)

Is a suspect in a criminal investigation 'in custody' when he is ordered out of his residence by armed agents who broke down his door to execute a search warrant and he is temporarily handcuffed and escorted to a police vehicle where he is questioned while other members of his residence were allowed back into the home?

Question Presented (OCR Extract)

QUESTION PRESENTED Under the Fifth Amendment, is a suspect in a criminal investigation “in custody” when he is ordered out of his residence by armed agents who broke down his door to execute a search warrant and he is temporarily handcuffed and escorted to a police vehicle where he is questioned while other members of his residence were allowed back into the home? 2

Docket Entries

2024-03-18
Petition DENIED.
2024-02-29
DISTRIBUTED for Conference of 3/15/2024.
2024-02-22
Waiver of right of respondent United States to respond filed.
2024-02-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2024)

Attorneys

Alexander D. Pennington
Dustin TalbotFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent