No. 24-6903

John Sheldon Pickens, Jr. v. United States

Lower Court: Eighth Circuit
Docketed: 2025-04-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure exclusionary-rule fourth-amendment independent-source-doctrine investigatory-stop warrantless-search
Key Terms:
CriminalProcedure HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2025-04-25
Question Presented (AI Summary)

Does an unlawful flee that would not have happened but for the police's violation of the Fourth Amendment trigger the independent source exception to the Fourth Amendment's exclusionary rule?

Question Presented (OCR Extract)

In the case below, police warrantlessly monitored Petitioner ’s cell phone GtS data. Using this information, the police located Petitioner and made an unconstitutional investigatory stop. Petitioner fled during the stop. Once the flee concluded, police searched Petitioner s car and found the evidence that resulted in Petitioner ’s conviction for a controlled substances offense. The district court held that Petitioner ’s flee triggered the independent source exception to the Fourth Amendment ’s exclusionary rule. The question presented by this petition is: Does an unlawful flee that would not have happened but for the police ’s violation of the Fourth Amendment trigger the independent source exception to the Fourth Amendment ’s exclusionary rule?

Docket Entries

2025-04-28
Petition DENIED.
2025-04-10
DISTRIBUTED for Conference of 4/25/2025.
2025-04-08
Waiver of right of respondent United States to respond filed.
2025-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 1, 2025)

Attorneys

John S. Pickens
John Sheldon Pickens Jr. — Petitioner
John Sheldon Pickens Jr. — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent