No. 24-6039

Charles Derryberry v. United States

Lower Court: Fifth Circuit
Docketed: 2024-11-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-prosecution informant-tip law-enforcement probable-cause search-and-seizure weapon-possession
Key Terms:
CriminalProcedure
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Should the Court require that the purpose of the informant's tip be true before it can be used to prosecute someone arising out of a stop?

Question Presented (from Petition)

QUESTION PRESENTED lilinois v. Gates, 462 U.S. 218 (1983) established the “totality of the circumstances analysis” for determining if an informant’s tip provided sufficient probable cause for a traffic stop. Here, the informant provided untrue information as to the criminal activity occurring in the vehicle (shipment of drugs) because she, in part, wanted to put Charles Derryberry in jail and away from her daughter. No drugs were found, but a gun was found in the vehicle in proximity to Derryberry — a convicted felon — resulting in his conviction for possession of a weapon by a prohibited person. Should the Court require that the purpose of the informant’s tip be true before it can be used to prosecute someone arising out of a stop? i

Docket Entries

2025-01-13
Petition DENIED.
2024-12-12
DISTRIBUTED for Conference of 1/10/2025.
2024-12-09
Waiver of right of respondent United States to respond filed.
2024-11-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2024)

Attorneys

Charles Derryberry
Goodloe LewisHickman, Goza & Spragins, PLLC, Petitioner
Goodloe LewisHickman, Goza & Spragins, PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent