Illegal-Search

19 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-5963 John Roberts v. Jason Hollar, Chief Executive Officer of Cardinal Health, et al. Ohio 2023-11-06 Denied IFP bodily-integrity chips civil-rights consumer-protection due-process illegal-search illegal-seizure legal-claim manufacturing-defect privacy product-liability Whether the petitioner has standing to challenge the alleged involuntary implantation of RFID chips
23-5251 Mark Edwin Guida v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-08-01 Denied IFP 4th-amendment 5th-amendment cell-phone-evidence criminal-procedure exclusionary-rule fourth-amendment illegal-search probable-cause search-and-seizure suppression-of-evidence warrant-requirement Was evidence presented at a trial for murder subject to the exclusionary rule, where said evidence was the result of an illegal search of the defendan…
22-6012 Paige Davis v. United States Seventh Circuit 2022-11-09 Denied IFP attenuation-doctrine brown-v-illinois evidence-suppression exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-search search-and-seizure utah-v-strieff Is it error to apply the attenuation test articulated in Brown v. Illinois to determine whether evidence discovered during an illegal search should be…
22-6014 Herbert G. Green v. United States Eighth Circuit 2022-11-08 Denied Response WaivedIFP 4th-amendment evidence-admission exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-search independent-source-doctrine police-procedure search-warrant Does the independent source doctrine permit the admission of evidence found during an illegal search of a home if police later obtained a search warra…
22-5813 Katherine Elizabeth Langhorst v. Texas Texas 2022-10-12 Denied IFP 4th-amendment constitutional-violation due-process evidence-suppression exclusionary-rule fruit-of-the-poisonous-tree illegal-search ineffective-assistance-of-counsel ineffective-counsel plea-bargaining search-and-seizure trial-procedure Was the evidence seized in this cause/case 'Fruits of The Poisonous Tree'?
21-7677 Kyle Maurice Parks v. United States Eighth Circuit 2022-04-21 Denied Response WaivedIFP confrontation-clause constitutional-violation criminal-conviction due-process fabricated-evidence fourth-amendment human-trafficking illegal-search probable-cause search-and-seizure warrant Whether the petitioner's Fourth Amendment rights were violated by an illegal search and seizure without a warrant and probable cause affidavit
21-6294 Robert Michael Junkins v. United States Fourth Circuit 2021-11-16 Denied Response WaivedIFP 4th-amendment criminal-procedure drug-evidence drug-sentencing illegal-search motion-to-suppress search-and-seizure sentencing sentencing-guidelines vehicle-search Whether the district court erred in denying Junkins' motion to suppress evidence
21-6191 Julio Hernandez-Pacheco v. United States Eleventh Circuit 2021-11-04 Denied IFP 4th-amendment appellate-precedent circuit-split constitutional-violation davis-v-united-states exclusionary-rule hudson-v-michigan identity-evidence illegal-search search-and-seizure vehicle-stop may-identity-related-evidence-be-suppressed-under-exclusionary-rule
21-5828 Brandon Aaron Thomas v. California California 2021-09-30 Denied IFP apartment-search constitutional-rights criminal-procedure fourth-amendment gang-evidence illegal-search illegal-searches illegal-seizures motion-to-proceed-in-forma-pauperis seizure Whether the petitioner's Fourth Amendment rights were violated by a series of illegal searches and seizures that commenced as early as 2013, where all…
20-8127 Guillermo Martinez-Torres v. United States Tenth Circuit 2021-05-25 Denied Response WaivedIFP 4th-amendment admissibility-of-evidence burden-of-proof circuit-split evidence-suppression exclusionary-rule fourth-amendment illegal-search suppression-of-evidence Does the defendant have the burden to prove the violation was the 'but for' cause of the subsequent discovery of contraband or is it the prosecution's…
20-6771 Oristel Soto-Peguero v. United States First Circuit 2021-01-05 Denied Response WaivedIFP 4th-amendment criminal-procedure evidence-suppression exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree good-faith-exception illegal-search independent-source-doctrine search-and-seizure warrant-application Whether the court erred when it denied Petitioner's motion to suppress evidence discovered during an illegal search
19-8494 Michael Lustig v. United States Ninth Circuit 2020-05-19 Denied Response WaivedIFP civil-procedure constitutional-rights criminal-procedure evidence-suppression exclusionary-rule fourth-amendment fruit-of-poisonous-tree fruit-of-the-poisonous-tree illegal-search search-and-seizure standing Whether failure to suppress evidence resulting from an illegal search amounted to a violation of Petitioner's Fourth Amendment rights
19-1055 Dustin Moss v. United States First Circuit 2020-02-25 Denied Response Waived 4th-amendment civil-procedure criminal-procedure evidence-suppression fourth-amendment fourth-amendment-violation illegal-search package package-description particularity-requirement probable-cause search-warrant tracking-number Whether the search of a package that was solely referenced by its tracking number in the warrant's caption, but was not otherwise described in the war…
19-768 Sherard Martin v. Davis Marinez, et al. Seventh Circuit 2019-12-16 Denied Response Waived attorneys-fees civil-damages civil-rights constitutional-rights damages due-process economic-loss exclusionary-rule fourth-amendment illegal-search illegal-stop incarceration police-misconduct standing Whether a plaintiff whose fourth amendment rights have been violated may be automatically denied damages for subsequent incarceration, attorneys fees,…
19-5050 John Asmodeo v. United States Second Circuit 2019-07-02 Denied Response WaivedIFP 4th-amendment attenuation-doctrine Attenuation-Factors circuit-split civil-rights due-process exclusionary-rule Finucan-Factors Flagrant-Misconduct fourth-amendment fruit-of-the-poisonous-tree illegal-search Intervening-Circumstances Purpose-of-Condon's-Interview suppression-hearing Temporal-Proximity Whether the attenuation doctrine applies when law enforcement officials deliberately discuss illegally seized evidence with a third party in order to …
18-9694 Oliver Douce v. New York New York 2019-06-17 Denied Response WaivedIFP 1st-amendment 4th-amendment 5th-amendment civil-rights constitutional-rights false-arrest fifth-amendment fifth-amendment-self-incrimination first-amendment-free-speech fourth-amendment fourth-amendment-search-and-seizure illegal-arrest illegal-search jurisdiction probable-cause search-and-seizure standing Whether fingerprints obtained from John Doe appellant should have been excluded from evidence as the product of false arrest and illegal search under …
18-8909 David Lee Gentles v. United States Eighth Circuit 2019-04-22 Denied Response WaivedIFP 18-usc-1385 constitutional-violation evidence-suppression exclusionary-rule illegal-search law-enforcement-limits posse-comitatus-act search-and-seizure statutory-interpretation suppression-of-evidence Should a clear violation of the Posse Comitatus Act (18 U.S.C.A. § 1385) serve as a foundation for suppression of fruits of the resulting illegal sear…
18-6431 Justin Jenkins v. United States Sixth Circuit 2018-10-25 Denied Response WaivedIFP 4th-amendment evidence-suppression Exclusionary-Rule fourth-amendment good-faith-exception Illegal-Search Illegal-Seizure probable-cause search-and-seizure search-warrant standing vehicle-search Whether the trial court erred in refusing to suppress evidence from illegal searches
18-5901 Willis Maxi v. United States Eleventh Circuit 2018-09-05 Denied Response WaivedIFP 4th-amendment attenuation-doctrine civil-rights due-process evidence-suppression exclusionary-rule exigent-circumstances fourth-amendment illegal-search knock-and-talk law-enforcement-entry motion-to-suppress probable-cause search-and-seizure Whether the district court erred in denying petitioner's motion to suppress evidence and statement?