No. 23-7636

Russell Davis v. United States

Lower Court: Sixth Circuit
Docketed: 2024-06-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment exclusionary-rule fourth-amendment good-faith-exception law-enforcement probable-cause search-and-seizure sworn-testimony warrant-affidavit
Key Terms:
CriminalProcedure
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Does the Leon good-faith exception apply to salvage a barebones affidavit?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the Leon good-faith exception apply to salvage a barebones affidavit where at an evidentiary hearing conducted to establish a record of sworn unrecorded facts provided to the magistrate to establish probable cause, the magistrate testified that he cannot recall any sworn unrecorded facts relayed, and the officer who applied for the warrant testifies that he “thinks” he summarized “the entire case” but cannot testify under oath to any specific fact relayed? 2. Does the Leon good-faith exception apply to salvage a barebones affidavit where the magistrate who issued the warrant testifies under oath that based on his longstanding perception of the credibility of the officer who applied for the warrant, he accepts the accusations of the officer to establish probable cause without independently evaluating the credibility of the source of information provided by the officer? ee

Docket Entries

2024-10-07
Petition DENIED.
2024-06-20
DISTRIBUTED for Conference of 9/30/2024.
2024-06-14
Waiver of right of respondent United States to respond filed.
2024-05-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2024)
2024-04-09
Application (23A898) granted by Justice Kavanaugh extending the time to file until June 2, 2024.
2024-03-04
Application (23A898) to extend the time to file a petition for a writ of certiorari from April 3, 2024 to June 2, 2024, submitted to Justice Kavanaugh.

Attorneys

Russell Davis
Russell Davis — Petitioner
United States
Elizabeth B. Prelogar — Respondent