consent-to-search

22 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-5151 Tony A. Berger v. Wood County Sheriff's Department, et al. Seventh Circuit 2023-07-20 Denied IFP brady-rule consent-to-search due-process exculpatory-evidence law-enforcement-authority minor-interrogation parental-rights prosecutorial-misconduct search-and-seizure witness-credibility Whether assistant district attorneys have authority to deny exculpatory evidence
22-862 Brooklyn Zavion Johnson v. West Virginia West Virginia 2023-03-10 Denied Response Waived 4th-amendment 5th-amendment consent-to-search due-process fifth-amendment fourth-amendment juvenile-rights probable-cause search-and-seizure warrantless-entry warrantless-search Whether Petitioner's 4th amendment right against unreasonable search and seizure was violated
21-6628 Frank McNabb v. Texas Texas 2021-12-15 Denied IFP 4th-amendment consent-search consent-to-search detention-extension fishing-expedition fourth-amendment official-coercion retroactive-forgiveness traffic-stop warrant-exception Whether consent to search retroactively forgives any and all violations by police prior to consent
21-6154 Shawn Ford v. United States Sixth Circuit 2021-11-03 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment apparent-authority consent-to-search criminal-procedure fourth-amendment reasonable-belief residence search-and-seizure third-party-consent Whether a third party's apparent authority to consent to a search of a criminal suspect's residence requires that the police reasonably believe that t…
20-1366 Jesus Gomez-Arzate v. United States Tenth Circuit 2021-03-30 Denied Response Waived 4th-amendment attenuation civil-rights consensual-encounter consent consent-to-search due-process fourth-amendment standing traffic-detention unlawful-extension Whether a continued contact can be deemed a 'consensual encounter' emanating immediately from a period of unlawfully extended detention
20-6467 Craig Howard v. United States Sixth Circuit 2020-11-27 Denied Response WaivedIFP 4th-amendment co-tenant co-tenant-consent consent-to-search detention fernandez fourth-amendment law-enforcement physical-presence randolph reasonable-search search-and-seizure Does the lawful detention of an objecting co-tenant in a squad car on the premises to be searched make him absent such that another co-tenant may cons…
20-5099 Lantrel DeKeith Wilson v. United States Sixth Circuit 2020-07-17 Denied Response WaivedIFP 4th-amendment 6th-circuit consent-search consent-to-search criminal-procedure inevitable-discovery motion-to-suppress search-and-seizure sixth-circuit supreme-court-precedent terry-stop Whether the decision of the Sixth Circuit Court of Appeals conflicts with Terry-v-Ohio
19-7129 Brian Moore v. New Jersey New Jersey 2019-12-31 Denied IFP consent-form consent-to-search fourth-amendment fourth-amendment-rights motel-room oath-administration probable-cause search-and-seizure state-courts telephonic-warrant warrant-validity Whether the Petitioner's Fourth Amendment right was violated where a consent-to-search form indicates it was signed AFTER the search and seizure occur…
19-7106 Peter Woodley v. United States Third Circuit 2019-12-30 Denied Response WaivedIFP 4th-amendment consent consent-to-search lawful-possession reasonable-expectation-of-privacy rental-car search-and-seizure standing Whether an unauthorized driver of a rental car maintains lawful possession and control of the car where there are modest violations of the rental car …
19-6332 Walter Glenn v. United States Fifth Circuit 2019-10-23 Denied Response WaivedIFP 4th-amendment consent-to-search criminal-procedure fourth-amendment leadership-role obstruction-of-justice rental-vehicle search-and-seizure sentencing-guidelines standing standing-civil-procedure standing-doctrine traffic-stop Whether a relief driver of a rental vehicle had standing to challenge evidence seized from the car
19-6233 Alshaqah Tariq Powell v. United States Third Circuit 2019-10-09 Denied IFP 4th-amendment civil-procedure consent consent-search consent-to-search constitutional-rights criminal-procedure due-process expectation-of-privacy fourth-amendment involuntary-consent traffic-stop vague-consent-form vagueness Whether Petitioner had the Fourth Amendment rights as a United States Citizen to be advised of his rights to the 'expectation of privacy' during a det…
19-5546 Kevin Lyndell Yates v. Amy M. Harper Fourth Circuit 2019-08-09 Denied IFP civil-rights consent-to-search constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel interrogation inventory-of-seized-items miranda-warnings plea-agreement police-questioning search-warrant Does a defendant have a constitutional right to be read Miranda warnings?
19-5429 Cantrell Lamont Burwell v. United States Eleventh Circuit 2019-08-01 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment appellate-procedure clear-error consent-search consent-to-search de-novo de-novo-review eleventh-circuit fourth-amendment standard-of-review totality-of-circumstances Whether an appellate court should review de novo or for clear error a district court's finding that a defendant did not voluntarily consent to a searc…
18-9708 Brad Smith v. United States First Circuit 2019-06-18 Denied Response WaivedIFP attenuation-doctrine brown-v-illinois consent-search consent-to-search curtilage exclusionary-rule fourth-amendment probable-cause Was petitioner's consent to search following law enforcement agents' unconstitutional entry into the curtilage of his home sufficiently attenuated fro…
18-1513 Michigan v. Michael Frederick, et al. Michigan 2019-06-05 Denied consent-to-search constitutional-trespass fourth-amendment implied-license knock-and-talk law-enforcement predawn-visit search search-and-seizure trespass Whether the Fourth Amendment applies to knock and talk encounters
18-9434 Juan Carlos Rodriguez v. United States Eleventh Circuit 2019-05-29 Denied Response WaivedIFP 404(b) 4th-amendment co-defendant-consent consent-search consent-to-search fourth-amendment jury-instructions prior-bad-acts prior-bad-acts-404(b) rule-404b search-and-seizure sentencing sentencing-variance standing-4th-amendment-search-and-seizure standing-to-suppress variance warrantless-search Whether the trial and appellate court erred in adjudging that Petitioner had no standing to request suppression of evidence obtained from a warrantles…
18-8644 Emanuel L. Finch, Sr. v. Bradley Graham, et al. Ninth Circuit 2019-04-01 Denied Response WaivedIFP confrontation-clause confrontation-clause,compulsory-process,miranda-ri consent-to-search constitutional-rights criminal-procedure due-process fair-trial materiality-of-false-testimony miranda-rights sixth-amendment sufficiency-of-evidence weight-of-evidence Whether the conduct complained of is a question of law
18-8361 Arturo Sarli v. United States Fifth Circuit 2019-03-11 Denied Response WaivedIFP 4th-amendment civil-rights consent-to-search custodial-interrogation detention due-process fourth-amendment fruit-of-the-poisonous-tree law-enforcement probable-cause search-and-seizure search-consent vehicle-search Whether consent to search comes to a natural end after a thorough and fruitless search has been conducted or may officers use the initial consent to s…
18-6994 Cleveland McDowell Meador, IV v. United States Fourth Circuit 2018-12-11 Denied Response WaivedIFP consent-search consent-to-search felon-in-possession fourth-amendment home-search police-procedure probable-cause search-and-seizure seizure supervision supervision-of-search withdrawal-consent withdrawal-of-consent Whether police officers violate the Fourth Amendment when they obtain consent to search a person's home, then keep that person outside the home, preve…
18-6432 Patrick Killen, Jr. v. United States Eleventh Circuit 2018-10-25 Denied Response WaivedIFP confession confession-voluntariness consent-to-search due-process fifth-amendment fourth-amendment interrogation interrogation-circumstances involuntary law-enforcement-tactics totality-of-the-circumstances young-adult Whether Due Process allows federal agents to obtain a confession and a consent to search from an immature, young adult that has been startled awake by…
18-5223 Gerand Earl Ratcliff v. United States Eleventh Circuit 2018-07-12 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment appellate-review civil-rights consent-search consent-to-search constitutional-rights deferential-review due-process fact-finding schneckloth-v-bustamonte standard-of-review voluntariness-standard Is the voluntariness of consent to search a question of fact that is subject to the same deferential review as findings of historical fact?
18-13 Juan Francisco Maldonado v. Texas Texas 2018-07-02 Denied Response Waived canine-sniff civil-procedure consent-to-search constitutional-rights fourteenth-amendment fourth-amendment law-enforcement reasonable-suspicion search-and-seizure traffic-stop Whether the court of appeals erred in applying the incorrect Fourth Amendment standard to Mr. Maldonado's traffic stop, where reasonable suspicion did…