No. 24-5015

Eduardo Alvarez, Jr. v. United States

Lower Court: Ninth Circuit
Docketed: 2024-07-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: arrest-warrant attenuation-doctrine criminal-procedure exclusionary-rule fourth-amendment illegal-stop search-and-seizure standing utah-v-strieff
Key Terms:
CriminalProcedure JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether an officer's discovery of someone else's outstanding arrest warrant necessarily attenuates the illegality of a defendant's own detention under Utah v. Strieff, 579 U.S. 232 (2016)

Question Presented (OCR Extract)

Question Presented for Review In Utah v. Strieff, 579 U.S. 232 (2016), this Court held that an officer’s discovery of a valid, pre-existing arrest warrant for the defendant himself attenuated the connection between the officer’s unlawful investigatory stop of the defendant and evidence seized from the defendant during a search incident to his arrest. The question presented here is whether an officer’s discovery of someone else’s outstanding arrest warrant necessarily attenuates the illegality of a defendant’s own detention under Strieff. ii

Docket Entries

2024-10-07
Petition DENIED.
2024-07-18
DISTRIBUTED for Conference of 9/30/2024.
2024-07-11
Waiver of United States of right to respond submitted.
2024-07-11
Waiver of right of respondent United States to respond filed.
2024-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 7, 2024)

Attorneys

Eduardo Alvarez
Sean McClellandFederal Public Defender, District of Nevada, Petitioner
Sean McClellandFederal Public Defender, District of Nevada, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent