No. 23-7321

Bentley Streett v. United States

Lower Court: Tenth Circuit
Docketed: 2024-04-26
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: exclusionary-rule fourth-amendment good-faith-exception inevitable-discovery probable-cause search-and-seizure search-warrant warrant-defect warrant-requirement
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the good-faith exception applies to save evidence obtained through an unconstitutional warrant because, hypothetically, if the magistrate had denied the warrant application and pointed out the defects, the government could have fixed them and obtained a valid warrant

Question Presented (OCR Extract)

QUESTION PRESENTED Before government agents can search a private home, the Fourth Amendment generally requires them to obtain a warrant supported by probable cause. Here, officers applied for, received, and executed a search warrant based on an affidavit that contained no link at all between petitioner and the address they wanted to search. The courts below agreed, and the government conceded, that the warrant did not establish probable cause, so the search was unconstitutional. But the Tenth Circuit still let the government use the resulting evidence because, it reasoned, if the magistrate had instead denied the warrant application and pointed out the defects, the government likely would have submitted a revised application that would have established probable cause, and a valid warrant would have issued. The question presented is: Whether the doctrine applies to save evidence obtained through an unconstitutional warrant because, hypothetically, if the magistrate had denied the warrant application and pointed out the defects, the government could have fixed them and obtained a valid warrant. @)

Docket Entries

2024-10-07
Petition DENIED.
2024-07-11
DISTRIBUTED for Conference of 9/30/2024.
2024-07-10
Reply of Bentley Streett submitted.
2024-07-10
2024-06-27
Brief of United States in opposition submitted.
2024-06-27
Brief of respondent United States in opposition filed.
2024-05-22
Motion to extend the time to file a response is granted and the time is extended to and including June 27, 2024.
2024-05-21
Motion to extend the time to file a response from May 28, 2024 to June 27, 2024, submitted to The Clerk.
2024-04-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2024)
2024-03-11
Application (23A831) granted by Justice Gorsuch extending the time to file until April 24, 2024.
2024-03-06
Application (23A831) to extend the time to file a petition for a writ of certiorari from March 25, 2024 to April 24, 2024, submitted to Justice Gorsuch.

Attorneys

Bentley Streett
Tobias Samuel Loss-EatonSidley Austin LLP, Petitioner
United States
Elizabeth B. Prelogar — Respondent