No. 23-869

Tyler Land v. Donald L. Edenfield, in His Official Capacity as Sheriff of Jackson County, Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2024-02-13
Status: Denied
Type: Paid
Tags: 4th-amendment affidavit criminal-arrest fourth-amendment intentional-misstatements law-enforcement probable-cause reckless-misstatements search-and-seizure warrant
Key Terms:
SocialSecurity FourthAmendment DueProcess CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2024-04-12
Question Presented (AI Summary)

When is evidence of mere presence in a car with an alleged drug dealer sufficient for probable cause to arrest the driver?

Question Presented (from Petition)

QUESTION PRESENTED The Fourth Amendment prohibits law enforcement from searching and seizing a person pursuant to a warrant if the warrant is not founded upon a showing of probable cause to arrest the person. The question presented is: When an probable cause affidavit contains only evidence that a person was in a car with and drove an alleged drug dealer to and from a drug transaction but there is no truthful evidence in the probable cause affidavit that the person knew about the alleged illegal activity other his passenger and the only evidence to infer that the driver aided and abetted the criminal activity of the passenger is physical evidence, is that evidence sufficient for probable cause to arrest the driver? ii PARTIES The parties to this proceeding are set forth in the caption.

Docket Entries

2024-04-15
Petition DENIED.
2024-03-27
DISTRIBUTED for Conference of 4/12/2024.
2024-01-29
Petition for a writ of certiorari filed. (Response due March 14, 2024)

Attorneys

Tyler Land
Richard Errol JohnsonLaw Office of Richard E. Johnson, Petitioner
Richard Errol JohnsonLaw Office of Richard E. Johnson, Petitioner