No. 25-6265

Rodney Hamilton Higgins, Jr. v. United States

Lower Court: Sixth Circuit
Docketed: 2025-12-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure drug-trafficking evidence-preservation fourth-amendment probable-cause search-warrant
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether the Fourth Amendment requires more than a defendant's status as a drug dealer and residential address to establish probable cause for a search warrant, where no evidence connects drug trafficking activities to the residence itself

Question Presented (OCR Extract)

1. Whether the Fourth Amendment requires more than a defendant ’s status as a drug dealer and residential address to establish probable cause for a search warrant, where no evidence connects drug trafficking activities to the residence itself. 2. Whether a defendant is entitled to a Franks hearing when the government acknowledges it failed to preserve evidence specifically cited in a search warrant affidavit , and evidence in the record undercuts the affidavit’s characterization .

Docket Entries

2026-01-12
Petition DENIED.
2025-12-11
DISTRIBUTED for Conference of 1/9/2026.
2025-12-09
Waiver of United States of America of right to respond submitted.
2025-12-09
Waiver of right of respondent United States of America to respond filed.
2025-11-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2026)

Attorneys

Rodney Higgins
Benton C. MartinFederal Community Defender, Petitioner
Benton C. MartinFederal Community Defender, Petitioner
United States of America
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent