Mark Manuel Angeles Marino v. United States
FifthAmendment FourthAmendment CriminalProcedure
Whether a defendant's Fifth Amendment privilege against self-incrimination was violated by drawing an adverse inference from silence at a sentencing hearing, and whether a search warrant based on mere propinquity violates Fourth Amendment protections
QUESTIONS PRESENTED L. Whether a defendant’s Fifth Amendment privilege against self-incrimination was violated where a sentencing court draws an adverse inference regarding future dangerousness from a defendant’s decision to remain silent at his sentencing hearing? I. Whether the petitioner’s Fourth Amendment right to be free from unreasonable searches and seizures was violated where the search warrant’s affidavit was based on the petitioner’s mere propinquity to another that was independently suspected of online criminal activity? i