No. 23-7121

Basilio Hernandez v. United States

Lower Court: Second Circuit
Docketed: 2024-04-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: docket-procedure docket-sheet exclusionary-rule fourth-amendment good-faith-exception probable-cause search-and-seizure warrant warrant-requirement
Key Terms:
CriminalProcedure
Latest Conference: 2024-04-26
Question Presented (AI Summary)

Did the court err in finding that the good-faith-exception to the exclusionary-rule applied?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Did the court err in finding that the good faith exception to the exclusionary rule applied? Should the docket sheet reflect all pleadings filed in a case, to alert the defense to the fact that the government has filed documents under seal, and to give the defense a sense of the nature of those documents, so that the defense can make a reasoned argument why it should have access to those sealed documents? -2 List of All Proceedings 1. United States District Court, W.D.N.Y. (Rochester), Docket No. judgment entered 3/2/22. 2. United States Court of Appeals for the Second Circuit, Docket No. 22-471cr; judgment entered 1/4/24. -3

Docket Entries

2024-04-29
Petition DENIED.
2024-04-11
DISTRIBUTED for Conference of 4/26/2024.
2024-04-05
Waiver of right of respondent United States to respond filed.
2024-03-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 2, 2024)

Attorneys

Basilio Hernandez
Tina Schneider — Petitioner
Tina Schneider — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent