No. 24-5074

Charles Brian O'Neill v. United States

Lower Court: Sixth Circuit
Docketed: 2024-07-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment exclusionary-rule fourth-amendment good-faith good-faith-exception law-enforcement probable-cause search-warrant suppression
Key Terms:
FourthAmendment FirstAmendment Takings CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Do the deficiencies in the search warrants and their supporting affidavits merit good faith protection from the exclusionary rule?

Question Presented (OCR Extract)

Question Presented Do the deficiencies in the search warrants and their supporting affidavits merit good faith protection from the exclusionary rule? ii Introduction to the Case The Sixth Circuit Court of Appeals decided an important question of Federal Law in a way that conflicts with relevant decisions of this Court when it affirmed the Trial Court denials of Mr. O’Neill’s motions to suppress the searches of his home and abarn. The affidavits offered in support of the search warrants did not demonstrate probable cause to search for evidence of child pornography. A reasonably well trained law enforcement officer knows nudity alone does not provide probable cause to search for child pornography. The obvious lack of probable cause, reckless material misrepresentation regarding child pornography exchanged on a peer to peer network, and the systemic disregard of material accuracy in the probable cause affidavits make the warrants here undeserving of the protections afforded by the good faith exception to the exclusionary rule articulated in U.S. v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). iti

Docket Entries

2024-10-07
Petition DENIED.
2024-08-01
DISTRIBUTED for Conference of 9/30/2024.
2024-07-29
Waiver of United States of right to respond submitted.
2024-07-29
Waiver of right of respondent United States to respond filed.
2024-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2024)
2024-05-23
Application (23A1041) granted by Justice Kavanaugh extending the time to file until July 14, 2024.
2024-05-20
Application (23A1041) to extend the time to file a petition for a writ of certiorari from May 29, 2024 to July 14, 2024, submitted to Justice Kavanaugh.

Attorneys

Charles Brian O'Neill
David Lee Klucas — Petitioner
David Lee Klucas — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent