No. 25-454

Ismael Bimbow v. United States

Lower Court: Second Circuit
Docketed: 2025-10-15
Status: Denied
Type: Paid
Response Waived
Tags: fourth-amendment independent-source-doctrine probable-cause search-warrant suppression-hearing warrantless-entry
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2025-11-21
Question Presented (AI Summary)

Did the District Court err in refusing to conduct an evidentiary hearing to determine the legality of the warrantless entry into Petitioner's apartment, and did the Second Circuit err in applying the Independent Source Doctrine without an evidentiary hearing or specific findings?

Question Presented (OCR Extract)

Evidence derived from an unlawful warrantless entry of Petitioner’s apartment was thereafter included in a warrant affidavit and ultimately resulted in the issuance of a search warrant to search the same premises. In addition to the inclusion of observations made during the warrantless entry, Petitioner made a sub-stantial showing to the lower courts that numerous items of false information were inserted in to this warrant affidavit and falsely attributed the source of this information to a confidential informant utilized in this case. The District Court failed to rule on the lawfulness of the warrantless entry, relieved the Government of the burden to establish an exception to the warrant requirement, and denied Petitioner both a Suppression Hearing and a Franks Hearing. The Second Circuit Court of Appeals Affirmed the District Court’s Denial of the Suppression Motion, premising its’ decision on an application of the Independent Source Doctrine, despite the District Court’s failure to conduct an evidentiary hearing or make a specific finding as to the lawfulness of the warrantless entry. The questions presented are: 1. Did the District Court err in refusing to conduct an evidentiary hearing to determine the legality of the warrantless entry into Petitioner’s apartment and then failing to rule on the legality of the warrantless entry. 2. Did the Second Circuit err in concluding that the Independent Source Doctri ne applied to sustain the issuance of a search warrant when the Court below neither conducted an evidentiary hearing nor made any findings to establish its application.

Docket Entries

2025-11-24
Petition DENIED.
2025-11-05
DISTRIBUTED for Conference of 11/21/2025.
2025-10-30
Waiver of United States of America of right to respond submitted.
2025-10-30
Waiver of right of respondent United States of America to respond filed.
2025-10-13
Petition for a writ of certiorari filed. (Response due November 14, 2025)
2025-07-28
Application (25A105) granted by Justice Sotomayor extending the time to file until October 13, 2025.
2025-07-23
Application (25A105) to extend the time to file a petition for a writ of certiorari from August 14, 2025 to October 13, 2025, submitted to Justice Sotomayor.

Attorneys

Ismael Bimbow
Kevin Gregory Roe — Petitioner
Kevin Gregory Roe — Petitioner
United States of America
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent