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1,910 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6799 Salena Nicole Glenn v. Erin Maldonado, Warden Sixth Circuit 2026-02-12 Pending IFP constitutional-rights due-process fourth-amendment probable-cause unreasonable-seizure warrantless-search 1. Does the warrantless seizure, arrest, and no search warrant of a legally parked vehicle occupant-without probable cause or reasonable suspicion! vi…
25-6766 Eric Joshua Mapes v. United States District Court for the Western District of Texas Fifth Circuit 2026-02-10 Pending IFP arrest-warrant due-process fourteenth-amendment fourth-amendment judicial-oversight probable-cause 1. Police Complaint as Arrest Warrant Whether a notarized police-authored criminal complaint, executed without judicial oversight and misrepresented a…
25-6752 Jerome Moore v. Texas Texas 2026-02-06 Pending IFP criminal-procedure digital-privacy electronic-device fourth-amendment probable-cause search-warrant Does a search warrant need to allege specific facts about a defendant's electronic device and his use of that device--and not merely allege facts abou…
25-6753 Michael Sharpe v. Connecticut Connecticut 2026-02-06 Pending IFP biological-material dna-analysis fourth-amendment identification-profiling probable-cause warrantless-search Whether the Fourth Amendment allows the government, without a warrant or probable cause, to (1) extract and (2) analyze DNA from biological material i…
25-6721 Palma Jefferson, Jr. v. United States Fifth Circuit 2026-02-04 Pending IFP constitutional-challenge fourth-amendment judicial-review probable-cause search-and-seizure warrant-defect I. Fourth Amendment: Warrant and Entry Defects 1. Whether the Fourth Amendment's probable cause requirement is satisfied when a search warrant issues…
25A881 Ngozi Odimegwu v. Gregory Long Massachusetts 2026-02-04 Application constitutional-rights criminal-complaint due-process fourth-amendment judicial-misconduct law-enforcement Question not identified.
25-6686 Ricardo Nellons v. Thomas Gee, Superintendent, Cayuga Correctional Facility Second Circuit 2026-02-02 Pending IFP darden-hearing due-process fourth-amendment ineffective-counsel probable-cause warrant-requirements The New York Courts ' requirements for establishing probable cause are not adhered to in the case at bar. When probable cause is totally reliant on …
25-894 Abiel Brathwaite v. Anthony Georgiades, Police Officer, Maryland Transportation Authority, et al. Fourth Circuit 2026-01-29 Pending civil-rights fourth-amendment pleading-standards pro-se-litigation probable-cause section-1983 In §1983 claims for unconstitutional false arrest (a Fourth Amendment violation), the existence of probable cause is often treated as an absolute defe…
25-885 United States v. Donte J. Carter District of Columbia 2026-01-28 Pending constitutional-rights due-process fourth-amendment law-enforcement racial-profiling seizure Whether perceptions of law enforcement that a court attributes to a particular racial group are a relevant factor in the Fourth Amendment analysis of …
25-875 Fort Bend Independent School District v. Ken Paxton, Attorney General of Texas Texas 2026-01-22 Pending cell-phone-logs confidential-records fourth-amendment government-disclosure privacy-rights public-records The Fourth Amendment protects "the right of the people to be secure in their . . . papers, and effects, against unreasonable searches and seizures." U…
25-6637 Elizabeth A. Hughes v. Pennsylvania Pennsylvania 2026-01-21 Pending Response WaivedIFP blood-test civil-consequence due-process fourth-amendment voluntary-consent warrant-requirement Whether the voluntary consent exception to the Fourth Amendment warrant requirement applies where a person arrested for driving under the influence ag…
25-6640 Juan Carlos Bejar-Guizar v. United States Ninth Circuit 2026-01-21 Pending Response WaivedIFP border-patrol fourth-amendment illegal-entry reasonable-suspicion search-and-seizure totality-of-circumstances Whether a court assessing the existence of reasonable suspicion under the Fourth Amendment may exclude facts that show a likelihood of innocent behavi…
25-6635 Jose Amaury Sanchez-Jimenez v. United States, et al. First Circuit 2026-01-21 Pending Response WaivedIFP criminal-procedure federal-tort-claims-act fourth-amendment malicious-prosecution probable-cause superseding-indictment A. Chiaverini v. City of Napoleon, 602 U.S. 556 (2024) held that the presence of probable cause for one charge in a criminal proceeding does not categ…
25-859 Chelesy Eastep, as Surviving Spouse and Next of Kin of Landon Dwayne Eastep v. Steven Carrick, et al. Sixth Circuit 2026-01-20 Pending Response Waived deadly-force excessive-force fourth-amendment graham-v-connor qualified-immunity reasonableness-standard 1. Whether or how police officers' own creation of, or contribution to, a dangerous situation prior to the use of deadly force factors into the Fourth…
25-6562 Dustin Shane Sandiford v. United States Eleventh Circuit 2026-01-13 Pending Response RequestedResponse WaivedIFP digital-evidence due-process fifth-amendment fourth-amendment search-and-seizure warrant-requirement Whether the Eleventh Circuit Court of Appeals misconstrued the Fourth Amendment warrant requirement and the Fifth Amendment due process mandate, when …
25-6564 Ambreia Washington v. Tennessee Tennessee 2026-01-13 Pending Response WaivedIFP fifth-amendment fourth-amendment plain-view-exception probable-cause self-incrimination warrantless-seizure Whether information obtained in violation of the Fifth Amendment's Self-Incrimination Clause can establish the probable cause necessary to authorize a…
25-6565 Jaison L. Coleman v. United States Seventh Circuit 2026-01-13 Pending Response WaivedIFP consent-search fourth-amendment police-entry probable-cause scope-of-consent warrant-exception 1 Having already expressly denied consent for police to enter the residence, does the occupant's "okay" in response to the officer's statement that po…
25-6567 Rajeri Curry v. United States Third Circuit 2026-01-13 Pending Response WaivedIFP edwards-rule evidence-suppression fourth-amendment interrogation-violation poisonous-tree-doctrine right-to-counsel Where the police violated the rule announced in Edwards v. Arizona by continuing to question petitioner after she twice invoked her right to counsel, …
25-826 Lesly Pompy v. Lieutenant Marc Moore, MANTIS, et al. Sixth Circuit 2026-01-13 Pending Response Waived bivens-action constitutional-tort fourth-amendment home-entry qualified-immunity warrantless-search 1. Bivens and the Fourth Amendment— Whether a warrantless, post-warrant home entry—conducted hours after the original warrant was executed and without…
25-830 Adam Kanuszewski, et al. v. Sandip Shah, et al. Sixth Circuit 2026-01-13 Pending Response Waived article-iii fourth-amendment genetic-privacy informed-consent merits-precedent mootness Article III confines federal courts to live cases or controversies. When claims become moot on appeal, this Court has long required vacatur —not a mer…
25-6540 Jason M. Potter v. United States Eighth Circuit 2026-01-12 Pending Response WaivedIFP constitutional-rights due-process fourth-amendment inventory-search state-law warrantless-search Whether the warrantless impoundment and subsequent inventory search of a vehicle violates the Fourth Amendment when the operator has not been arrested…
25-6548 Nathan Cooper v. Rhode Island Rhode Island 2026-01-12 Pending Response WaivedIFP emergency-aid-exception fourth-amendment home-entry law-enforcement probable-cause search-warrant This case presents an issue identical to that in Case v. Montana, No. 24-624, currently before this Court, i.e., whether law enforcement may enter a h…
25-6535 James Eric Larremore v. United States Fifth Circuit 2026-01-09 Pending IFP fourth-amendment law-enforcement-interaction probable-cause reasonable-person-standard seizure traffic-stop Whether the deputy's instruction to "hang on a sec," particularly in context, communicated to a reasonable person in Larremore's position that he was …
25-797 Steven J. Hecke v. United States Seventh Circuit 2026-01-07 Pending Response Waived affidavit-omissions criminal-procedure fourth-amendment franks-hearing probable-cause search-warrant 1. Whether, and how, Franks applies to material information that is omitted from a search warrant affidavit. 2. Whether omissions from a search warra…
25-800 Matthew Scott Rocco v. United States Fourth Circuit 2026-01-07 Pending Response Waived bailey-precedent fourth-amendment geographical-restriction law-enforcement probation-officer search-warrant Does it violate the Fourth Amendment when, during the execution of a residential search warrant, law enforcement subverts the geographical restriction…
25-6489 Jason William Dobbs v. Nevada Nevada 2026-01-06 Pending Response WaivedIFP computer-privacy consent-search fourth-amendment law-enforcement third-party-consent warrantless-search 1. Whether the Fourth Amendment requires law enforcement to make sufficient inquiries as to the authority of a third person to consent to a warrantles…
25-774 Eric Tyrell Johnson v. United States Fourth Circuit 2026-01-02 Pending Amici (7) drug-detection fourth-amendment home-privacy law-enforcement probable-cause warrantless-search "[W]hen it comes to the Fourth Amendment, the home is first among equals." Florida v. Jardines, 569 U.S. 1, 6 (2013). As this Court has repeatedly str…
25-6455 Mark Bolling v. United States Fourth Circuit 2025-12-31 Pending Response WaivedIFP exclusionary-rule fourth-amendment impeachable-fact inevitable-discovery nix-standard search-and-seizure Whether the presence of impeachable fact is required under Nix before an inevitable discovery analysis can be allowed in the context of a Fourth Amend…
25-6444 Rashid Muhammad Abdullah v. City of Plant City, Florida, et al. Florida 2025-12-30 Pending IFP collateral-estoppel double-jeopardy due-process fourteenth-amendment fourth-amendment warrantless-seizure The doctrine of collateral estoppel or the Double Jeopardy Clause precludes a municipality from re-litigating factual determinations resolved in the p…
25-760 Hamdi A. Mohamud v. Heather Weyker, St. Paul Police Officer Eighth Circuit 2025-12-29 Pending Amici (2)Response Waived bivens-action cross-deputization fourth-amendment law-enforcement qualified-immunity section-1983 state-action state-action-doctrine 1. Whether a local police officer wielding both state and federal authority can act under color of state law for purposes of 42 U.S.C. 1983. 2. If no…
25A745 Abiel Brathwaite v. Anthony Georgiades, Police Officer, Maryland Transportation Authority, et al. Fourth Circuit 2025-12-23 Application circuit-split false-arrest fourth-amendment pro-se probable-cause section-1983 Question not identified.
25A747 Justin Page v. Massachusetts Massachusetts 2025-12-23 Application caniglia-v-strom community-caretaking emergency-aid fourth-amendment search-and-seizure warrant-requirement Is there a so-called "community caretaking" exception to the warrant requirement that operates distinctly from the emergency aid exception?
25-738 Nick Kosmalski v. Sherrell King Sixth Circuit 2025-12-22 Denied Response Waived excessive-force fourth-amendment handcuffing qualified-immunity reasonableness-standard traffic-stop Whether the Sixth Circuit's three-factor tight handcuffing test, a brightline rule as stated and as applied in this case to deny qualified immunity, f…
25A734 Frank Thompson v. Carl Wilson, Commissioner, Maine's Department of Marine Resources First Circuit 2025-12-22 Application carpenter-precedent closely-regulated-industry digital-surveillance fourth-amendment gps-tracking warrantless-search Whether continuous, warrantless GPS tracking of commercial fishing vessels constitutes an unreasonable search under the Fourth Amendment's 'closely re…
25-705 Carter Page v. James B. Comey, et al. District of Columbia 2025-12-18 Pending Amici (2) accrual-of-claims fbi-misconduct fourth-amendment government-liability inspector-general-report surveillance-warrant The Federal Bureau of Investigation obtained four warrants from the Foreign Intelligence Surveillance Court to surveil Petitioner Dr. Carter Page. But…
25-709 West Virginia v. Michael Keith Allman West Virginia 2025-12-18 Pending custodial-arrest evidence-preservation fourth-amendment officer-safety search-incident-to-arrest warrantless-search Whether the State must show that an arrestee could access a weapon or destructible evidence from a bag the arrestee was carrying immediately before ar…
25-711 Deborah Cooney v. San Diego Gas & Electric, et al. Ninth Circuit 2025-12-18 Pending Response Waived constitutional-rights due-process fourth-amendment free-speech privacy smart-grid We live in a fast-paced society where technological innovations make possible the most unthinkable forms of trespass. Never before have policy-makers …
25-6359 Travis Tuggle v. United States Seventh Circuit 2025-12-15 Denied Response WaivedIFP effective-assistance-of-counsel fourth-amendment plain-view-doctrine sixth-amendment technological-advances unreasonable-search 1. Whether the petitioner's Sixth Amendment right to the effective assistance of counsel was infringed upon when counsel failed to argue that, in orde…
25-6373 Latonia Smith v. United States Ninth Circuit 2025-12-15 Denied Response WaivedIFP cell-phone-privacy electronic-evidence fourth-amendment riley-precedent search-and-seizure warrant-particularity In Riley v. California, 573 U.S. 373 (2014), this Court established that cell phones require enhanced Fourth Amendment privacy protections. The questi…
25A696 Samantha Lee-Ann Sealey v. Arturo Mancias, et al. Fifth Circuit 2025-12-15 Application bodyworn-camera excessive-force fourth-amendment qualified-immunity seizure use-of-force Whether the use of force against a handcuffed arrestee during a foot chase constitutes an objectively unreasonable seizure in violation of the Fourth …
25-6348 Mounir Mrabet v. United States Second Circuit 2025-12-12 Denied Response WaivedIFP consent fourth-amendment government-action probable-cause search-and-seizure warrantless-search Can 4L. G&vermen4 <^o iw+o mu ZCclo^J Accent om4 m j consent -4han ase -iKd' cxaatnst m v^^rr^n
25-687 Richard Eugene Bryant, aka Ritshard Anu Bey v. Mark S. Braunlich, Judge, 38th Circuit Court of Michigan, Monroe County, et al. Sixth Circuit 2025-12-12 Pending Response Waived color-of-law constitutional-rights due-process fourth-amendment jurisdiction probable-cause 1. What is the nature and the cause of action for Mark Braunlich to issue a warrant on June 11, 2019, and to issue a license suspension on February 13…
25A686 Demetrius Green v. United States District of Columbia 2025-12-11 Application fourth-amendment law-enforcement pole-camera privacy search-and-seizure surveillance Whether the use of a long-term pole camera surveilling the back door of a private residence constitutes a Fourth Amendment search requiring a warrant
25A687 Fort Bend Independent School District v. Ken Paxton, Attorney General of Texas Texas 2025-12-11 Application cell-phone-logs constitutional-privacy fourth-amendment government-employees privacy telephone-records Whether the Fourth Amendment and the Telephone Records and Privacy Act prohibit compelled disclosure of government employees' personal cell phone call…
25-6326 Eric Lebron Burney v. United States Sixth Circuit 2025-12-09 Denied Response WaivedIFP controlled-substance fourth-amendment law-enforcement marijuana probable-cause search-and-seizure By April of 2019 both the state of Tennessee and the federal government excluded low-THC (delta-9 tetrahydrocannabinol) marijuana from the definition …
25A672 Michael Sharpe v. Connecticut Connecticut 2025-12-09 Application dna-collection forensic-genealogy fourth-amendment privacy-expectation shed-dna warrantless-search Whether the warrantless collection, extraction, and forensic analysis of a person's shed DNA from discarded personal items constitutes an unreasonable…
25-6312 Fred Baskin v. Massachusetts Massachusetts 2025-12-08 Denied Response WaivedIFP arrest evidence-suppression fourth-amendment probable-cause search-and-seizure warrantless-search I. Whether the Fourt h Amendment is violated and requires suppression of evidence, when the police conduct a warrantless search of the arrestee's ba…
25-660 Nicole Klum, Estate of Bobby Jo Klum, et al. v. City of Davenport, Iowa, et al. Eighth Circuit 2025-12-08 Pending constitutional-rights deadly-force fourth-amendment police-action second-amendment use-of-force The decision below contravenes the Second Amendment right to "keep and bear arms," and the Fourth Amendment prohibition "against unreasonable searches…
25-629 Billy Puckett v. United States Eighth Circuit 2025-12-03 Pending Response RequestedResponse Waived constitutional-rights fourth-amendment investigatory-questions police-procedure reasonable-suspicion traffic-stop In Rodriguez v. United States, this Court held that a police officer may not extend a traffic stop, absent reasonable suspicion, to conduct a dog snif…
25-637 Mark Hanneman, Minneapolis Police Officer, et al. v. Karen Wells, as Co-Trustee for the Next of Kin of Amir Rahkare Locke, et al. Eighth Circuit 2025-12-03 Denied Amici (2)Response Waived appellate-jurisdiction deadly-force fourth-amendment no-knock-warrant qualified-immunity use-of-force 1. When the Respondents' own factual allegations, the facts assumed by the courts, and the undisputedly authentic video footage, show the officer was …
25-623 Ronald Smith v. Bexar County, Texas, et al. Fifth Circuit 2025-12-02 Pending community-caretaking constitutional-seizure fourth-amendment law-enforcement mental-health-detention qualified-immunity Under the 4th Amendment, a warrantless emergency mental health detention constitutes a physical seizure. Police often misconstrue ordinary street enco…
25-6265 Rodney Hamilton Higgins, Jr. v. United States Sixth Circuit 2025-12-02 Denied Response WaivedIFP criminal-procedure drug-trafficking evidence-preservation fourth-amendment probable-cause search-warrant 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 sea…
25-6242 Willie Frank Gordon v. United States Eleventh Circuit 2025-11-25 Denied Response WaivedIFP fourth-amendment inventory-search investigative-search law-enforcement-procedure probable-cause vehicle-seizure 1. Sheriff's deputies suspected a driver had drugs, stopped him, and wanted to search his car to find them. Only when their attempt to establish proba…
25-604 Drew Craig, et al. v. John Krueger, Individually and as Co-Administrator of the Estate of Jeffery Krueger, et al. Tenth Circuit 2025-11-24 Pending Response RequestedResponse Waived civil-rights de-novo-review excessive-force fourth-amendment law-enforcement qualified-immunity This case involves an attempt by several law enforcement officers to detain and arrest Respondents' decedent Jeffery Krueger on July 1, 2019. On that …
25-6204 Brian N. Terry v. Oklahoma Oklahoma 2025-11-24 Denied IFP appellate-counsel constitutional-rights due-process fifth-amendment fourth-amendment search-and-seizure This case involves a serious of important question about fair warning to United States citizens of a collateral and direct Fourth, Fifth, Sixth, and F…
25-6207 Mark Eugene Benton v. United States Ninth Circuit 2025-11-24 Denied Response WaivedIFP constitutional-rights effective-counsel fourth-amendment search-and-seizure sixth-amendment vehicle-search 1) Was the search of the petitioners vehicle, on 12-31-2020, lawful under the 4th Amendment of the United States Constitution, as well as Montana Cnst…
25-6224 Latoya K. Benton, Administrator of the Estate of Xzavier D. Hill, Deceased v. Seth W. Layton, Individually and in His Official Capacity as a State Trooper for the State of Virginia, et al. Fourth Circuit 2025-11-24 Denied Response WaivedIFP excessive-force fourth-amendment police-conduct qualified-immunity racial-bias summary-judgment 1. Whether the Fourth Amendment requires courts to apply a holistic, totality-of-the-circumstances analysis to excessive force claims, including all p…
25-594 Elizabeth Crockett, et al. v. John Krueger, Individually and as Co-Administrator of the Estate of Jeffery Krueger, et al. Tenth Circuit 2025-11-21 Pending Response RequestedResponse Waived clearly-established-right excessive-force fourth-amendment law-enforcement qualified-immunity reasonable-officer On the evening of July 1, 2019, Wagoner County Lieutenant Elizabeth Crockett and Deputy Matthew Lott responded to a call from deputies requesting assi…
25-588 Donna Elizabeth Summers v. Montana Montana 2025-11-18 Pending Response RequestedResponse Waived constitutional-rights detention fourth-amendment police-questioning seizure traffic-stop Whether a driver who is lawfully stopped for a traffic infraction remains seized for Fourth Amendment purposes when the officer concludes the purpose …
25-6145 Gabriel Gallegos v. United States Ninth Circuit 2025-11-18 Denied Response WaivedIFP fourth-amendment law-enforcement reasonable-suspicion show-of-authority terry-stop vehicle-stop When law enforcement makes a show of authority that causes a vehicle to come to a complete stop, however briefly, before fleeing, is that a stop withi…
25-583 Rodney Towe v. Georgia Georgia 2025-11-17 Denied criminal-procedure fourth-amendment law-enforcement probable-cause reasonable-suspicion terry-stop Whether lawful, commonplace conduct that law abiding citizens routinely engage in can establish reasonable suspicion because it occurs near an expecte…
25-6111 Dewayne Bulls v. Federal Bureau of Investigation, et al. Third Circuit 2025-11-14 Denied IFP constitutional-violation due-process evidence-fabrication fisa-warrant fourth-amendment judicial-scrutiny 1. Constitutional Validity of FISA Warrants Obtained Through Systematic Perjury and Evidence Fabrication Whether this nation will tolerate FISA warra…
25A557 United States v. Donte J. Carter District of Columbia 2025-11-13 Application consensual-stop fourth-amendment police-encounter race-consideration reasonable-person seizure Whether the Fourth Amendment permits consideration of a suspect's race as a factor in determining whether a reasonable person would have felt seized d…
25-6049 Richard Vandale Clowney v. Greenville County, South Carolina, et al. Fourth Circuit 2025-11-06 Denied IFP due-process fourth-amendment law-enforcement neutral-detached-magistrate search-and-seizure warrant-requirement Whether a Magistrate who holds office at the law enforcement center investigating crimes is subject to and why law enforcement on easily passes, i.e. …
25-6051 Claude Coleman v. United States Sixth Circuit 2025-11-06 Pending Response RequestedResponse WaivedIFP fourth-amendment high-crime-area misdemeanor reasonable-suspicion seizure terry-stop The Fourth Amendment protects citizens in public spaces from being seized by law enforcement without reasonable suspicion that they have committed a c…
25-6057 Katrina Lawson v. United States Eleventh Circuit 2025-11-06 Denied Response WaivedIFP cell-phone-seizure exigent-circumstances fourth-amendment search-warrant unreasonable-search warrantless-search 1. Whether the i warrantless seizure of a cell phone from a private closet during a lawful arrest, without either a warrant, or the owner's consent …
25-6032 Thomas E. Nidiffer, et al. v. Officer David Lovato, et al. Tenth Circuit 2025-11-05 Denied IFP curtilage fourth-amendment knock-and-talk law-enforcement qualified-immunity warrant 1. Whether a locked gate surrounding the curtilage of a home clearly revokes the implied social license for law enforcement officers to enter the pro…
25-538 City of Los Angeles, California, et al. v. Estate of Daniel Hernandez, By and Through Successors in Interest, Manuel Hernandez, Maria Hernandez, and M. L. H., et al. Ninth Circuit 2025-11-03 Pending Amici (1)Response RequestedResponse Waived body-camera excessive-force fourth-amendment moment-of-threat police-shooting qualified-immunity This case arises from a split-second police encounter in which an officer fired six shots in six seconds at a suspect armed with a knife who appeared …
25-5984 Richard Vandale Clowney v. Walker Miller, et al. Fourth Circuit 2025-10-29 Denied IFP constitutional-rights fourth-amendment law-enforcement probable-cause search-and-seizure warrant-requirement Whether A Magistrate Issuing Search Warrants And Arrest Warrants At A Law Enforcement Center In Violation Of The Fourth Amendment Neutral And Detached…
25-5990 Tylee Brown v. United States Third Circuit 2025-10-29 Denied Response WaivedIFP detention fourth-amendment police-encounter reasonable-suspicion terry-stop vehicle-search 1. Whether a passenger in a vehicle, who briefly leaves the vehicle during a police encounter, but is contemporaneously detained with the vehicle and …
25-5977 Dwayne Ernest Wharton v. Texas Texas 2025-10-28 Denied Response WaivedIFP criminal-procedure evidence-admissibility fourth-amendment gps-tracking search-warrant third-party-doctrine Does a violation of the Fourth Amendment, as enunciated in this Court's holdings in Carpenter v. United States, 138 U.S. 2206 (2018) and United States…
25A463 David Quarles v. United States Eleventh Circuit 2025-10-23 Application border-search cellphone-search electronic-device fourth-amendment law-enforcement probable-cause Whether a warrantless border search of a cellphone at a port of entry violates the Fourth Amendment's protection against unreasonable searches and sei…
25-493 M. Patricia Cantu, et vir v. Austin Police Department, et al. Fifth Circuit 2025-10-22 Denied Response Waived americans-with-disabilities-act fourth-amendment law-enforcement mental-health reasonable-accommodations use-of-force 1. Whether Title II of the Americans with Disabilities Act is violated when law enforcement officers fail to provide reasonable accommodations to a su…
25-5939 Michael Georgie Carson v. Michigan Michigan 2025-10-22 Denied IFP criminal-procedure fourth-amendment ineffective-assistance probable-cause search-warrant sixth-amendment DOES THE MICHIGAN SUPREME COURT'S DECISION CONFLICT WITH THE U.S. SUPREME COURT'S CASELAW, WHEN THEY OVERTURNED THE MICHIGAN COURT OF APPEALS FINDING …
25A447 Billy Puckett v. United States Eighth Circuit 2025-10-21 Application de-minimis-extension fourth-amendment investigatory-questioning rodriguez-standard seizure-duration traffic-stop Whether a de minimis extension of a traffic stop through unrelated investigatory questioning violates the Fourth Amendment's prohibition on unreasonab…
25-484 Aaron Rayshan Wells v. Texas Texas 2025-10-20 Pending Amici (3)Response RequestedRelisted (2) digital-privacy fourth-amendment geofence-warrant law-enforcement-technology location-tracking search-and-seizure Fourth Amendment rights vary among circuits and state high courts, as well as intrajurisdictionally between Texas federal and Texas state courts, rega…
25-488 Valerie Asato v. Hawaii Government Employees Association, et al. Hawaii 2025-10-20 Denied Response Waived constitutional-search duty-of-fair-representation employee-rights fourth-amendment grievance-process labor-law 1. Whether the Hawaii Government Employees Association ("HGEA") breached its duty of fair representation under federal and state labor law by engag…
25-472 Angelic Salgado, as Personal Representative of the Wrongful Death Estate of Jonathan Molina v. Kevin Smith Tenth Circuit 2025-10-17 Denied clearly-established-law excessive-force fourth-amendment police-shooting qualified-immunity use-of-force 1. Second-volley rule. When an officer shoots a suspect once in the chest, steps back for cover to reload, six to eight seconds pass, and the suspect …
25-5883 Leonard James Tate v. United States Eighth Circuit 2025-10-15 Denied Response WaivedIFP fourth-amendment hotel-search law-enforcement marijuana-search probable-cause scent-tracking Whether a law enforcement officer's untrained and uncorroborated tracking of marijuana odor through a multiunit hotel, without canine assistance or in…
25-454 Ismael Bimbow v. United States Second Circuit 2025-10-15 Denied Response Waived fourth-amendment independent-source-doctrine probable-cause search-warrant suppression-hearing warrantless-entry 1. Did the District Court err in refusing to conduct an evidentiary hearing to determine the legality of the warrantless entry into Petitioner's apart…
25-5893 Frederick M. Hill v. Angela Stuff, Warden Sixth Circuit 2025-10-15 Denied Response WaivedIFP certificate-of-appealability constitutional-claim fourth-amendment knock-and-talk procedural-due-process sixth-amendment 1. Should the "one fair shot" and procedural due process require the court of appeals to notify a petitioner that an appeal and briefing schedule is …
25A424 Adam Kanuszewski, et al. v. Sandip Shah, et al. Sixth Circuit 2025-10-14 Presumed Complete fourteenth-amendment fourth-amendment genetic-privacy medical-data newborn-screening parental-autonomy Whether the Fourth and Fourteenth Amendments prohibit a state from indefinitely storing and using newborn genetic material without parental consent
25-5858 Robert Peck, Jr. v. United States Eighth Circuit 2025-10-10 Denied Response WaivedRelisted (6)IFP exclusionary-rule felon-in-possession fourth-amendment good-faith-exception marijuana-conviction second-amendment Does 18 U. S. C. §922(g)(l) violate the Second Amendment as applied to Petitioner, who was convicted of being a felon in possession of a firearm based…
25-5826 Dover Davis, Jr. v. Officer Aaron Swann Eleventh Circuit 2025-10-08 Denied Relisted (2)IFP circuit-court-conflict fourth-amendment malicious-prosecution material-facts section-1983 statute-of-limitations 1. WHETHER THERE WAS A CONFLICT BETWEEN THE ELEVENTH CIRCUIT COURT OF APPEALS ' DECISION AND THE NORTHERN DISTRICT COURT OF GEORGIA 'S DECISION REGARD…
25-5814 Jaylyn Devell McGhee v. United States Eighth Circuit 2025-10-07 Denied Response WaivedRelisted (3)IFP constitutional-rights fourth-amendment home-entry implied-license law-enforcement search-and-seizure Whether, consistent with the Fourth Amendment to the U.S. Constitution, law enforcement may exceed the implied license to approach the front door of a…
25-412 Rolando Antuain Williamson v. United States Eleventh Circuit 2025-10-06 Pending Amici (2)Response RequestedResponse WaivedRelisted (2) curtilage fourth-amendment law-enforcement privacy-expectation search-and-seizure surveillance 1. Whether a "search" occurs when the government takes a purposeful, investigative act directed toward an individual's home and curtilage, regardless …
25-399 Ronell Moses, Jr. v. United States Third Circuit 2025-10-03 Denied Amici (1) criminal-procedure curtilage fourth-amendment law-enforcement property-rights search-and-seizure 1. Whether a defendant's actual use of an area adjacent to his home is relevant to whether that area is curtilage under the Fourth Amendment, as four …
25-401 Alexander Carter, et al. v. Thomas J. Dart, Sheriff, Cook County, Illinois, et al. Seventh Circuit 2025-10-03 Denied Response Waived constitutional-provisions due-process fourteenth-amendment fourth-amendment government-seizure property-rights The circuits are divided on whether the Fourth Amendment protects property rights when a person's "papers and effects" remain in government custody af…
25-402 Mamadou Diaw v. Ohio Ohio 2025-10-03 Denied Response Waived fourth-amendment investigative-use location-data privacy-rights third-party-doctrine warrant-requirement 1. Whether, after Carpenter v. United States, 585 U.S. 296 (2018), the Fourth Amendment permits law enforcement to obtain a single historical location…
25A385 Carter Page v. Kash Patel, Director, Federal Bureau of Investigation, et al. District of Columbia 2025-10-02 Presumed Complete civil-rights fbi fourth-amendment statute-of-limitations surveillance time-barred Whether a plaintiff can pursue civil claims for alleged Fourth Amendment violations arising from purported surveillance misconduct when the claims are…
25-5795 Jordan Jysae Pulido v. United States Eleventh Circuit 2025-10-02 Denied Response WaivedIFP border-search electronic-device fourth-amendment privacy-rights reasonableness search-and-seizure What limits does the Fourth Amendment's reasonableness requirement impose on searches of electronic devices performed at the border?
25-5764 James Edward King v. United States Third Circuit 2025-09-30 Denied Response WaivedIFP fourth-amendment reasonable-expectation-privacy search-and-seizure standing third-circuit ups-package Whether the Third Circuit erred in concluding that King lacked a reasonable expectation of privacy in a package addressed to another person
25-5766 Jonathan Valentin v. Pennsylvania Department of Labor and Industries Third Circuit 2025-09-30 Denied IFP civil-rights due-process equal-protection first-amendment fourth-amendment pro-se-litigation Whether the First and Fourth Amendment constitutional protections of free speech, due process, and equal protection continue to be denied in a civil r…
25A370 Eric Lebron Burney v. United States Sixth Circuit 2025-09-30 Presumed Complete cannabis fourth-amendment plain-smell-doctrine probable-cause reasonable-suspicion search-and-seizure Whether the 'plain smell doctrine' remains valid for establishing probable cause when cannabis odor no longer necessarily indicates illegal activity
25A360 Henry B. Berrocal v. San Antonio Police Department-Headquarters, et al. Fifth Circuit 2025-09-29 Application civil-rights eighth-amendment fifth-amendment first-amendment fourteenth-amendment fourth-amendment Whether the First, Fourth, Fifth, Eighth, and Fourteenth Amendments permit state actors to engage in repeated retaliatory arrests, physical abuse, and…
25-5734 Charles Robol v. City of Columbus, Ohio, et al. Ohio 2025-09-25 Denied Response WaivedIFP first-amendment fourth-amendment procedural-due-process public-forum recording-rights viewpoint-discrimination Whether a municipality's imposition of overbroad restrictions violates the First Amendment's guarantees of freedom of speech and press, whether a stat…
25-331 Patrick Wayman Scullark, Jr. v. Iowa Iowa 2025-09-22 Denied Amici (2)Response RequestedResponse WaivedRelisted (3) arrestee-bag evidence-preservation fourth-amendment officer-safety search-incident-to-arrest warrantless-search Whether the Fourth Amendment categorically permits warrantless searches of bags carried by arrestees at the time of arrest but inaccessible to them at…
25-330 Eugene Cory Dingle v. James G. McGee, Judge of Dorchester County Family Court, Individually and in His Official Capacity, et al. Fourth Circuit 2025-09-19 Denied 42-usc-1983 fourteenth-amendment fourth-amendment guardian-ad-litem judicial-immunity subject-matter-jurisdiction Whether a state judge who acts in the clear absence of subject-matter jurisdiction may invoke absolute judicial immunity to bar a 42 U.S.C. § 1983 sui…
25-5672 Basaaly Saeed Moalin v. United States Ninth Circuit 2025-09-18 Denied Response WaivedIFP business-records constitutional-challenge ex-parte-review fourth-amendment metadata-collection surveillance-act Whether a United States Court of Appeals may avoid ruling on a constitutional challenge to a statute implicating Fourth Amendment concerns if it deter…
25-5673 Daquon Rollo Corrothers v. North Carolina North Carolina 2025-09-18 Denied Response WaivedIFP curtilage fourth-amendment ineffective-assistance probable-cause search-and-seizure warrant Whether the Fourth Amendment protects a citizen from a search of the curtilage surrounding his home when prompted by a prior warrantless search, and w…
25-5646 John C. Miller v. Indiana Indiana 2025-09-16 Denied Response WaivedIFP constitutional-rights counsel-waiver criminal-procedure due-process fourth-amendment state-constitution Whether the Indiana Supreme Court's decision on March 13, 2025 was in error regarding constitutional protections under Terry v. Ohio
25A295 Lesly Pompy v. Lt. Marc Moore, MANTIS, et al. Sixth Circuit 2025-09-15 Application bivens-remedy fourth-amendment joint-task-force qualified-immunity warrantless-search westfall-act Whether a Bivens remedy remains available for warrantless searches and seizures of property by federal officers in joint task-force operations when al…
25-297 Jacob P. Zorn v. Shela M. Linton Second Circuit 2025-09-15 Pending Response RequestedResponse WaivedRelisted (7) civil-rights excessive-force fourth-amendment law-enforcement qualified-immunity specificity Whether the Second Circuit's qualified immunity analysis conflicts with this Court's repeated instruction that courts must define rights with specific…
25A291 Brycen Dennis Scofield v. Oregon Oregon 2025-09-12 Presumed Complete emergency-aid-exception exigent-circumstances fourth-amendment probable-cause search-and-seizure warrantless-search Whether the warrantless search of a residence under the emergency aid exception violates the Fourth Amendment when police no longer reasonably believe…
25-5596 Ardy Merritt v. Department of Housing and Urban Development, et al. Ninth Circuit 2025-09-10 Rehearing Relisted (2)IFP constitutional-interpretation due-process fourth-amendment ninth-circuit-jurisdiction property-rights statutory-definition Does the U.S. Court of Appeals Ninth Circuit have the right to redefine words, disregard constitutional and state law statutes, and oversimplify felon…
25A260 Donna Elizabeth Summers v. Montana Montana 2025-09-04 Presumed Complete consent fourth-amendment reasonable-suspicion search-and-seizure seizure traffic-stop Whether a traffic stop participant's consent to continued questioning after the stop's purpose has been completed is valid when the officer's prior co…
25-248 District of Columbia v. R.W. District of Columbia 2025-09-03 Pending Amici (3)Response RequestedResponse WaivedRelisted (5) fourth-amendment investigative-stop judicial-review law-enforcement reasonable-suspicion totality-of-circumstances Whether a court assessing the existence of reasonable suspicion under the Fourth Amendment may exclude a fact known to the officer, or instead must as…
25-241 Jason Arthur Aho v. Florida Florida 2025-08-29 Denied Response Waived evidence-suppression fourteenth-amendment fourth-amendment ineffective-assistance sixth-amendment strickland-standard Whether the trial court's summary denial of Petitioner's ineffective assistance of counsel claims without an evidentiary hearing violates constitution…
25A242 Aaron Rayshan Wells v. Texas Texas 2025-08-29 Presumed Complete digital-privacy fourth-amendment geofence-warrant location-tracking probable-cause search-and-seizure Whether geofence warrants violate the Fourth Amendment's prohibition on general warrants by allowing law enforcement to conduct broad, multi-step sear…
25-5468 Robert A. Moylan v. Illinois Illinois 2025-08-26 Denied Response WaivedIFP confidential-communications criminal-investigation fourth-amendment overbroad-seizure patient-privacy search-warrant Whether a search warrant authorizing seizure of a substance abuse counselor's entire patient files and confidential communications without in camera r…
25A221 Wesley Mark Sudbury v. United States Ninth Circuit 2025-08-26 Presumed Complete confidential-informant criminal-discovery electronic-surveillance fourth-amendment probable-cause warrantless-surveillance Whether a defendant can challenge the admissibility of evidence obtained through warrantless surveillance by a confidential informant under the Fourth…
25-5431 Jason Cornell Matlock v. Indiana Indiana 2025-08-22 Denied Response WaivedIFP drug-investigation fourth-amendment probable-cause reasonable-inference search-warrant surveillance Whether a brief, unverified proximity of a drug dealer to a citizen's residence, without any observed interaction, constitutes sufficient probable cau…
25-212 Anh Tuyet Thai v. Los Angeles County, California, et al. Ninth Circuit 2025-08-21 Denied Response Waived ada-accommodation disability-rights due-process federal-immunity fourth-amendment search-and-seizure Did police officers employed by the Los Angeles County District Attorney's Office act under color of federal law and are they immune from suits for eq…
25-5413 Raymond Ronald Jennings v. United States Fourth Circuit 2025-08-20 Denied Response WaivedIFP fourth-amendment good-faith-exception informant-credibility probable-cause reckless-disregard search-warrant Did the officer omit from his probable cause affidavit information concerning the two informant's credibility that could infer reckless disregard for …
25-5406 Malgum Whiteside, Jr. v. United States Sixth Circuit 2025-08-19 Denied Response WaivedIFP criminal-procedure evidence-suppression fourth-amendment law-enforcement probable-cause search-warrant Whether the district court improperly denied suppression of evidence and whether the appellate court improperly affirmed the district court's denial b…
25-194 Dianna E. Webb v. City of Westminster, California, et al. California 2025-08-18 Denied Response Waived fourth-amendment health-and-safety-code probable-cause search-and-seizure standing warrant-requirement Whether forcible and unauthorized entry pursuant to Cal. Health & Safety Code § 17980.7 violates Fourth Amendment search protections and requires a wa…
25-182 Curtis Levar Wells, Jr. v. Javier Fuentes, et al. Fourth Circuit 2025-08-15 Denied Response Waived civil-rights community-caretaker consent-search fourth-amendment reasonable-suspicion seizure Whether law enforcement officers can infer consent to searches and seizures without objective indicia, and whether the 'community caretaker exception'…
25-186 Alejandro Estevis v. Ignacio Cantu, et al. Fifth Circuit 2025-08-15 Denied Response Waived civil-rights excessive-force fourth-amendment police-shooting qualified-immunity use-of-force Whether Officers Ignacio Cantu and Eduardo Guajardo should be denied qualified immunity before trial for shooting six times at Alejandro Estevis while…
25-179 Officer Phillip Reinink, in His Individual and Official Capacity v. Sean Hart, et al. Sixth Circuit 2025-08-14 Pending Response RequestedResponse WaivedRelisted (3) excessive-force fourth-amendment law-enforcement qualified-immunity seizure use-of-force Whether an officer's intended level of force and mistaken use of force impacts Fourth Amendment reasonableness and qualified immunity analysis in exce…
25A184 Ronald Smith v. Bexar County, Texas, et al. Fifth Circuit 2025-08-14 Presumed Complete fourth-amendment mental-health-detention probable-cause seizure traffic-stop warrantless-search Whether law enforcement may conduct a warrantless emergency mental health detention during a traffic stop based solely on subjective observations of '…
25-5304 Jonathan David Loggins v. Ronny Albert, et al. Eighth Circuit 2025-08-08 Denied IFP due-process excessive-force fourth-amendment implied-consent rule-15b summary-judgment Whether the lower courts' refusal to recognize implied consent for a fully litigated excessive force claim conflicts with controlling precedents of th…
25A169 Kristi Noem, Secretary, Department of Homeland Security, et al. v. Pedro Vasquez Perdomo, et al. Ninth Circuit 2025-08-07 Presumed Complete Amici (2) fourth-amendment illegal-aliens immigration-enforcement investigative-stops reasonable-suspicion totality-of-circumstances Whether the Fourth Amendment permits investigative stops of suspected illegal immigrants based on reasonable suspicion in a high-density immigration a…
25-5273 Jordan Padilla v. New Mexico New Mexico 2025-08-05 Denied Response WaivedIFP due-process fourth-amendment law-enforcement probable-cause search-and-seizure warrant-requirement Whether law enforcement officials violated Petitioner's Right to Due Process when they seized his personal tablet device and held it for 19 days due t…
25A148 Harry Barnett v. City of Chicago, Illinois, et al. Seventh Circuit 2025-08-05 Presumed Complete fourth-amendment malicious-prosecution probable-cause property-seizure section-1983 warrantless-arrest Whether a police officer's warrantless arrest based on probable cause arising from a good faith belief that property was stolen constitutes a valid Fo…
25-112 Okello T. Chatrie v. United States Fourth Circuit 2025-07-30 Granted Amici (2)Relisted (2) cell-phone-privacy exclusionary-rule fourth-amendment geofence-warrant law-enforcement-search probable-cause Whether the execution of a geofence warrant by law enforcement seeking cell phone location data without a particularized warrant violates the Fourth A…
25-105 Brian Beland and Denae Beland v. United States Ninth Circuit 2025-07-29 Denied Amici (1)Response WaivedRelisted (2) constitutional-rights criminal-investigation fifth-amendment fourth-amendment irs-procedure tax-audit Is a taxpayer's Fourth and/or Fifth Amendment Constitutional Rights violated when the IRS civil revenue agent conducts a criminal investigation under …
25-5229 David Loren Waldeck v. United States Ninth Circuit 2025-07-29 Denied Response WaivedIFP fourth-amendment heien-standard judicial-gloss law-enforcement objective-reasonableness statutory-interpretation Whether a reviewing court is permitted to insert a 'judicial gloss' in construing an unambiguous statute when determining the objective reasonableness…
25A113 Federal Bureau of Investigation, et al. v. Yassir Fazaga, et al. Ninth Circuit 2025-07-28 Presumed Complete counterterrorism-investigation electronic-surveillance fisa fourth-amendment national-security state-secrets-privilege Whether the state-secrets privilege can be displaced by the Foreign Intelligence Surveillance Act's (FISA) procedures for ex parte review of electroni…
25A105 Ismael Bimbow v. United States Second Circuit 2025-07-25 Presumed Complete due-process evidence-suppression exigent-circumstances fourth-amendment search-warrant warrantless-search Whether the Fourth Amendment prohibits the admission of evidence obtained through a warrantless search lacking exigent circumstances and potentially b…
25-71 Matthew Farney, et al. v. Michael Rose, as Personal Representative for the Estate of Bradley Rose and on Behalf of all Statutory Beneficiaries of Bradley Rose, Deceased Ninth Circuit 2025-07-21 Denied Response RequestedResponse WaivedRelisted (2) deadly-force excessive-force fourth-amendment police-encounter qualified-immunity summary-judgment Did the Ninth Circuit err in defining the qualified immunity right at issue too broadly by holding this was an 'obvious' case?
25-5127 John W. Biddle v. Administrator, New Jersey State Prison, et al. Third Circuit 2025-07-16 Denied Response WaivedIFP due-process fifth-amendment fourth-amendment identification-procedures prosecutorial-misconduct sixth-amendment Whether multiple constitutional violations, including due process, prosecutorial misconduct, and ineffective assistance of counsel, warrant Supreme Co…
25A63 District of Columbia v. R.W. District of Columbia 2025-07-16 Presumed Complete fourth-amendment investigative-stop probable-cause reasonable-suspicion terry-stop totality-of-circumstances Whether a reviewing court may consider all known facts, including a radio dispatch, when assessing the totality of circumstances for reasonable suspic…
25-5115 Gregory Kurzajczyk v. United States Second Circuit 2025-07-15 Denied Response WaivedIFP constitutional-rights criminal-procedure fourth-amendment probation-search supervised-release suspicionless-search Whether a probation officer's suspicionless search of a defendant's residence on supervised release violates the Fourth Amendment
25A55 Dawn Eagle Feather Floyd v. United States Eighth Circuit 2025-07-14 Presumed Complete drug-offenses fourth-amendment probable-cause search-warrant standing suppression-motion Whether the Fourth Amendment permits law enforcement to conduct a warrantless search of a vehicle based on independent probable cause derived from the…
25-5077 In Re Deryl Nelson 2025-07-10 Dismissed Relisted (3)IFP arrest-warrant complaint-validity fourth-amendment ineffective-assistance judicial-hearing probable-cause Did the state appeals court err in finding probable cause for an arrest warrant issued without a sworn complaint or judicial finding of probable cause…
25-5080 Kevin Coles v. United States Third Circuit 2025-07-10 Denied Response WaivedIFP administrative-warrant bodily-injury criminal-investigation fourth-amendment jury-testimony police-report Whether an administrative warrant used as a subterfuge for criminal investigation violates Fourth Amendment protections and whether reading police rep…
25-5047 Michael Francis v. United States First Circuit 2025-07-08 Denied Response WaivedIFP fourth-amendment informant-reliability judicial-integrity law-enforcement-misconduct probable-cause search-warrant Were Petitioner's Fourth Amendment rights violated when an FBI Agent obtained a search warrant for Petitioner's car by deliberately withholding inform…
25-5057 John Doe v. Mark Glass, Commissioner, Florida Department of Law Enforcement Eleventh Circuit 2025-07-08 Denied Response WaivedIFP administrative-code constitutional-violation due-process expungement-statute fourth-amendment pseudonym-protection Whether a US District Court violates due process by denying a plaintiff the use of a pseudonym after state expungement of an arrest record and by excl…
25-10 Rodney Dale Harmon v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2025-07-02 Denied Response Waived certificate-of-appealability civil-criminal-context fourth-amendment habeas-corpus ineffective-counsel search-and-seizure Whether the District Court or the Court of Appeals should have granted a certificate of appealability when the issue in habeas is the ineffectiveness …
25-5010 Timothy Lynn Allen v. United States Fifth Circuit 2025-07-02 Denied Response WaivedIFP circuit-split criminal-procedure fourth-amendment suppression-motion terry-stop vehicle-search Did the lower courts err in finding that the search of petitioner's vehicle was justified under Terry v. Ohio, and does the Fifth Circuit's opinion co…
25-5020 Dan L. Bozeman v. James R. Schiebner, Warden Sixth Circuit 2025-07-02 Denied Response WaivedIFP due-process fourth-amendment ineffective-assistance probable-cause stone-v-powell warrantless-arrest Whether a defendant is considered to have received a full and fair consideration of a 4th Amendment claim under Stone v. Powell when trial and appella…
25-5002 Juan Carlos Garridoaguilar v. California California 2025-07-01 Denied IFP burden-of-proof criminal-procedure fourth-amendment search-and-seizure traffic-stop warrantless-search Whether the California Court of Appeal improperly shifted the burden of justifying a warrantless search from the State to the defendant
25A3 Milton Green v. Christopher Tanner, et al. Eighth Circuit 2025-07-01 Presumed Complete deadly-force excessive-force fourth-amendment qualified-immunity reasonable-officer second-amendment Whether the Fourth Amendment permits an officer to use deadly force against an individual merely possessing a firearm without considering the totality…
24-7513 Tracy A. Roberson v. Brian Eller, Warden Sixth Circuit 2025-06-26 Denied Response WaivedIFP aedpa federal-review fourth-amendment habeas-corpus statutory-construction stone-v-powell Whether the Antiterrorism and Death Penalty Act of 1996 (AEDPA) expressly overruled Stone v. Powell and allows state prisoners to litigate Fourth Amen…
24-1310 David Engstrom, et al. v. James W. Denby Ninth Circuit 2025-06-25 Denied Response RequestedRelisted (2) constitutional-rights excessive-force fourth-amendment property-damage qualified-immunity warrant-execution Did the Ninth Circuit err in applying the Graham v. Connor reasonableness standard for excessive force to a destruction of property claim during warra…
24-7500 Ramon Carlos Hernandez v. Texas Texas 2025-06-25 Denied IFP cell-phone-search fourth-amendment law-enforcement-search particularity-requirement privacy-interest warrant-limitation Does the Fourth Amendment's particularity requirement place any limitations on the search of a cell phone beyond requiring that a search warrant limit…
24-7488 Richard W. Kelley v. Maine Maine 2025-06-24 Denied IFP fourth-amendment government-surveillance gps-tracking personal-property privacy-interest vehicle-search Does a regular passenger in a vehicle being GPS tracked by the Government have a Fourth Amendment privacy interest in his movements and the vehicle, w…
24-7465 Nikky Nicole Lujan v. United States Fifth Circuit 2025-06-18 Denied Response WaivedIFP fourth-amendment investigative-detention law-enforcement-questioning probable-cause reasonable-suspicion traffic-stop Whether reasonable suspicion exists when an officer relies on a driver's allegedly suspicious answer to an itinerary question without further inquiry,…
24-7466 Patrick Joseph Duncan, Jr. v. United States Ninth Circuit 2025-06-18 Denied Response WaivedIFP criminal-procedure fourth-amendment law-enforcement probable-cause search-and-seizure state-law Whether federal courts may use state law definitions to narrow Fourth Amendment protections during law enforcement stops
24-7445 In Re James Michael Fayed 2025-06-17 Denied Relisted (2)IFP 18-usc-3142 bail-revocation case-of-first-impression false-imprisonment fourth-amendment fruit-of-poisonous-tree Whether 18 USC§ 3142 is binding on lower courts and whether a district court's deliberate disobedience of mandatory bail provisions constitutes false …
24-7430 Trenton Jared Powell v. United States Ninth Circuit 2025-06-16 Denied Response WaivedIFP cellphone-search criminal-procedure digital-privacy evidence-preservation fourth-amendment warrant-requirement Can the police hold a defendant's cellphone seized incident to his arrest until necessary forensic software is developed based upon evidence that the …
24-7374 Chayce Aaron Anderson v. Colorado Colorado 2025-06-06 Denied Response WaivedRelisted (2)IFP constitutional-rights fourth-amendment particularity-clause search-and-seizure stare-decisis warrantless-search Whether considerations of stare decisis impact the constitutional protections against warrantless searches under the Fourth Amendment's Particularity …
24-1244 David A. McMaster, Jr. v. Pennsylvania Pennsylvania 2025-06-05 Denied Response RequestedResponse WaivedRelisted (2) emergency-aid-exception fourth-amendment law-enforcement-search probable-cause protective-sweep-doctrine warrantless-entry Whether it is an improper expansion of the 'emergency aid exception' and/or 'protective sweep doctrine' to authorize a warrantless entry into a home w…
24-7320 Luis Raul Vicente Fonseca v. United States Eleventh Circuit 2025-05-29 Denied Response WaivedIFP covid-19-tolling fifth-amendment fourth-amendment judicial-emergency sixth-amendment speedy-trial Whether a district court can toll the speedy trial period during the COVID-19 pandemic without invoking specific judicial emergency provisions
24-7322 Samuel Lee Smith, Jr. v. A. Rodriguez Florida 2025-05-29 Dismissed IFP color-of-law fourth-amendment injunction procedural-due-process rights-deprivation trial-court-error Did the trial court commit reversible error in dismissing the petition for an injunction to prevent stalking? Did the court violate procedural due pro…
24A1160 Mohamed Mohamed Mohamud, Issa Doreh, and Ahmed Nasir Taalil Mohamud v. United States Ninth Circuit 2025-05-28 Presumed Complete criminal-procedure fisa foreign-intelligence fourth-amendment metadata-collection surveillance Whether the collection of telephony metadata of millions of Americans pursuant to the Foreign Intelligence Surveillance Act (FISA) constitutes a viola…
24-7288 Quaid Akeem Cornell v. Roberto A. Arias, Warden Ninth Circuit 2025-05-27 Denied IFP fourth-amendment group-detention ineffective-assistance investigative-stop reasonable-suspicion search-and-seizure May police officers detain and search all members of a group on grounds that the behavior of one person was suspicious, and is trial counsel constitut…
24-7293 Alexander Soto v. Massachusetts Massachusetts 2025-05-27 Denied Response WaivedIFP arizona-v-gant criminal-procedure drug-trafficking fourth-amendment search-incident-to-arrest warrant-requirement Whether the search-incident-to-arrest exception from Arizona v. Gant applies to searches of containers in buildings or only in automobiles
24A1119 Curtis Levar Wells, Jr. v. Javier Fuentes, et al. Fourth Circuit 2025-05-20 Presumed Complete consent fourth-amendment inventory-search probable-cause qualified-immunity search-and-seizure Whether the Fourth Amendment permits warrantless searches based on purported consent when the totality of circumstances suggests the consent was not v…
24-7237 Jamarr Smith, Thomas Iroko Ayodele, and Gilbert McThunel, II v. United States Fifth Circuit 2025-05-19 Denied IFP criminal-procedure digital-surveillance fourth-amendment general-warrant geofence-warrant good-faith-doctrine Whether the good-faith doctrine applies to digital-age general warrants
24-7228 Eric Corder v. United States Seventh Circuit 2025-05-16 Denied Response WaivedIFP consent curtilage evidence-gathering fourth-amendment illegal-entry implied-license Whether government agents have an implied license to enter the curtilage of a fenced and gated home to gather evidence, and whether voluntary consent …
24-7229 DeAndre Jackson v. United States Third Circuit 2025-05-16 Denied Response WaivedIFP criminal-procedure fourth-amendment law-enforcement probable-cause reasonable-suspicion traffic-stop Whether the Third Circuit's ruling that an officer's mere suspicion of a suspect's dangerousness absent any additional facts supports an arrest rather…
24-7235 Timmy Orlando Collier v. Michigan Michigan 2025-05-16 Denied IFP due-process equal-protection fifth-amendment fourteenth-amendment fourth-amendment jurisdictional-defect Did the district court commit a jurisdictional defect by not following Michigan's law and standards, and did the court of appeals and magistrate judge…
24-7213 Edward Magruder v. United States District of Columbia 2025-05-15 Denied Response WaivedIFP constitutional-law criminal-procedure fourth-amendment probable-cause search-incident-to-arrest warrantless-search Whether the Fourth Amendment's 'search incident to arrest' exception permits a warrantless search anytime agents had probable cause to believe that a …
24-7219 Martin Devalois v. United States Seventh Circuit 2025-05-15 Denied Response WaivedIFP drug-dog fourth-amendment law-enforcement probable-cause search-and-seizure traffic-stop Does a law enforcement officer violate the Fourth Amendment when he unnecessarily prolongs a traffic stop to conduct a drug dog sniff after completing…
24-7184 Tricia Liu v. Louie Angel David Feria California 2025-05-12 Denied IFP civil-rights due-process fourth-amendment police-misconduct restraining-order warrantless-entry Whether the warrantless entry by El Monte Police Department officers into Petitioner's property violated the Fourth Amendment, and whether the restrai…
24A1089 Brian Beland and Denae Beland v. United States Ninth Circuit 2025-05-12 Presumed Complete civil-audit criminal-investigation fifth-amendment firm-indication-of-fraud fourth-amendment IRS-examination Whether the IRS violates a taxpayer's Fourth and Fifth Amendment rights by continuing a civil tax audit after developing a firm indication of fraud wi…
24-7160 Prentiss Jackson v. United States Seventh Circuit 2025-05-08 Denied Response WaivedIFP constitutional-rights federal-law fourth-amendment marijuana-search state-law vehicle-search Whether it is constitutional to search a vehicle for the odor of marijuana alone in a state that has legalized marijuana, whether Illinois odorless co…
24A1073 Anh Tuyet Thai v. Los Angeles County, California, et al. Ninth Circuit 2025-05-06 Presumed Complete disability-benefits due-process fourth-amendment law-enforcement search-and-seizure social-security Whether law enforcement may conduct warrantless, forcible home searches of Social Security disability applicants without violating their Fourth Amendm…
24-7135 Mario Keeream Jackson v. United States Sixth Circuit 2025-05-05 Denied Response WaivedIFP cellular-data criminal-procedure evidence-law fourth-amendment motion-to-suppress search-and-seizure Whether the district court improperly denied a motion to suppress cellular phone data and records obtained through an allegedly unlawful search
24-1124 Christopher Thomas v. Tracy Pachote Ninth Circuit 2025-05-01 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) fourth-amendment officer-assistance qualified-immunity split-second-decision supreme-court-precedent use-of-force Whether an officer can use force to assist another officer under the Fourth Amendment when making a split-second decision with incomplete information,…
24-1122 Robin Root v. Jeremy Howard, Warden Sixth Circuit 2025-04-30 Denied Response RequestedResponse WaivedRelisted (2) circuit-split fifth-amendment fourth-amendment habeas-corpus miranda-warning supreme-court-precedent Whether the Michigan Court of Appeals misapplied Federal precedent in admitting post-Miranda statements under Elstad despite Seibert, and whether the …
24-1099 Kyle Smith, et al. v. Rochelle Scott, Individually, and as Co-Special Administrator of the Estate of Roy Anthony Scott, et al. Ninth Circuit 2025-04-22 Pending Amici (2)Response RequestedResponse WaivedRelisted (13) bodily-pressure fourth-amendment law-enforcement qualified-immunity restraint use-of-force Viewing the facts from the officers' perspective at the time, did the officers act reasonably under the Fourth Amendment by using bodyweight pressure …
24-1093 Ashlee Marie Mumford v. Iowa Iowa 2025-04-21 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) dog-sniff fourth-amendment law-enforcement probable-cause search-and-seizure vehicle-search Whether a dog sniff of the interior of a lawfully stopped vehicle violates the Fourth Amendment absent consent to the sniff or probable cause to belie…
24-7027 Charles House v. United States Seventh Circuit 2025-04-18 Denied Response WaivedIFP constitutional-law fourth-amendment law-enforcement privacy-rights search-and-seizure surveillance Whether the installation of a pole camera monitoring a residence for over 13 months violated the Fourth Amendment right to privacy and whether a zoom …
24-7021 Moises Garcia v. Pennsylvania Pennsylvania 2025-04-17 Denied IFP circuit-split fourth-amendment investigative-detention law-enforcement presumptively-lawful reasonable-suspicion May the police conduct an investigative detention after observing a presumptively lawful act without additional information to suggest that criminal a…
24-7028 Jeffrey Bowers v. Illinois Illinois 2025-04-17 Denied IFP constitutional-rights fourth-amendment identification-procedure lineup-suppression probable-cause sixth-amendment Whether the suppression of identification was warranted due to lack of timely probable cause determination and improper lineup procedure
24-7002 In Re Clifford L. Noll 2025-04-16 Rehearing Response WaivedRelisted (2)IFP debt-collection due-process federal-jurisdiction fifth-amendment fourth-amendment property-seizure Whether the unwarranted seizure of real properties and personal savings by the United States violated the petitioner's Fourth and Fifth Amendment righ…
24-7005 Alsham M. Laster v. Indiana Indiana 2025-04-16 Denied Response WaivedIFP criminal-procedure evidence-seizure fourth-amendment law-enforcement probable-cause warrantless-search Whether the warrantless seizure of a phone during a murder investigation violated the Fourth Amendment when police lacked probable cause, failed to li…
24-6998 Eric Ellis v. City of White Settlement, Texas, et al. Fifth Circuit 2025-04-15 Denied Response WaivedIFP fourth-amendment passenger-arrest probable-cause traffic-stop unreasonable-seizure warrantless-seizure Whether the warrantless seizure of a suspect's children without probable cause during a traffic stop violates the Fourth Amendment; Whether an arrest …
24-6978 Adam Douglas Sherwood v. United States Tenth Circuit 2025-04-14 Denied Response WaivedIFP fourth-amendment investigative-detention probable-cause terry-stop vehicle-search warrantless-search Whether a police officer's stop of a white Silverado pickup truck 35 minutes after a gunshots-fired incident, based on a dispatch alert, constitutes a…
24-6983 Markanthony Deleon Sapalasan v. United States Ninth Circuit 2025-04-14 Denied IFP detention fourth-amendment inventory-search law-enforcement property-retention search-and-seizure Does it violate the Fourth Amendment to retain personal property of a person who is not going to be incarcerated and to search the property long after…
24-6987 Cornelius Mayberry v. United States Fourth Circuit 2025-04-14 Denied Response WaivedIFP arrest-procedure fourth-amendment informant-testimony probable-cause search-and-seizure warrantless-search Does a warrantless search and seizure of a closed container violate the Fourth Amendment absent clear evidence of intent to abandon, and does a warran…
24-6962 Prince L. Spellman v. United States Eighth Circuit 2025-04-11 Denied Response WaivedIFP fourth-amendment prosecutorial-misconduct reasonable-suspicion standing suppression-hearing terry-stop Whether the Court of Appeals properly determined reasonable suspicion, evaluated prosecutorial misconduct, and applied Fourth Amendment standards in a…
24-1051 Michael Nissen v. Javier Ambler, Sr., Individually and on Behalf of All Wrongful Death Beneficiaries of Javier Ambler, II, the Estate of Javier Ambler, II, and as Next Friend of J. R. A., minor child, et al. Fifth Circuit 2025-04-04 Denied Amici (2)Response Waived deadly-force excessive-force fourth-amendment law-enforcement qualified-immunity use-of-force Whether a fact question on the 'deadliness' of force can impose a heightened deadly force standard that constrains the Fourth Amendment's objective te…
24-6927 Bryant Cobb v. Ohio Ohio 2025-04-04 Denied Response WaivedIFP appellate-review constitutional-rights excessive-bail fourteenth-amendment fourth-amendment motion-to-suppress Whether the Ohio Court of Appeals' affirmation of the denial of Petitioner's motion to suppress violates the Excessive Bail Clause and Fourth Amendmen…
24-6929 Michael James Carson v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-04-04 Denied IFP custodial-interrogation due-process fourteenth-amendment fourth-amendment illegal-seizure probable-cause Did the lower courts erroneously fail to acknowledge and apply the correct laws and facts surrounding Petitioner's custodial interrogation, and did po…
24-1047 Ethel "Laverne" McVae, Individually and on Behalf of the Estate of Marcus McVae, Deceased, et al. v. Jesse Perez Fifth Circuit 2025-04-03 Denied Response Waived deadly-force fourth-amendment law-enforcement qualified-immunity totality-of-circumstances use-of-force Whether it is clearly established under the Fourth Amendment that a law enforcement officer may not use deadly force against an unarmed, fleeing perso…
24-6903 John Sheldon Pickens, Jr. v. United States Eighth Circuit 2025-04-01 Denied Response WaivedIFP criminal-procedure exclusionary-rule fourth-amendment independent-source-doctrine investigatory-stop warrantless-search 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 …
24-1000 In Re Michael Prete 2025-03-20 Denied Relisted (2) due-process eighth-amendment fifth-amendment first-amendment fourth-amendment sixth-amendment Did the R.I. Judiciary violate multiple constitutional rights through retaliatory actions, improper evidence handling, and procedural misconduct?
24-6790 Saul Douglas Briggs v. United States Sixth Circuit 2025-03-18 Denied Response WaivedIFP criminal-procedure fourth-amendment good-faith-exception probable-cause search-warrant sixth-circuit Whether the Sixth Circuit correctly applied the good faith exception to a search warrant that allegedly lacked probable cause and nexus
24-988 Jorge Vasquez v. Superior Court of California, Tulare County, et al. California 2025-03-17 Denied Response Waived exclusionary-rule fourth-amendment good-faith-exception law-enforcement probable-cause search-warrant Can law enforcement's failure to state any facts to establish probable cause be excused as 'good faith' under the Fourth Amendment?
24-6773 Jerry Jeron Daniels v. Pennsylvania Parole Board Pennsylvania 2025-03-14 Denied IFP constitutional-rights due-process fourteenth-amendment fourth-amendment parole-board sixth-amendment Whether the Pennsylvania courts erred in denying the petitioner's appeal of the Pennsylvania Parole Board's decision and violating his constitutional …
24-6747 Juventino L. Plancarte v. United States Seventh Circuit 2025-03-11 Denied Response WaivedIFP cbd-legalization constitutional-rights drug-sniffing-dogs fourth-amendment privacy-expectation warrantless-search Whether a warrantless sniff by a dog trained to reliably alert to legal possessions constitutes a search under the Fourth Amendment
24-962 Autumn Adams v. Kevin Gugliano, Individually and in His Official Capacity as an Officer of the Lincoln County Sheriff's Department, et al. Eighth Circuit 2025-03-07 Denied bodily-injury civil-rights excessive-force fourth-amendment official-immunity police-misconduct Whether officers who pull a compliant citizen to the ground causing serious injury violate the Fourth Amendment and whether such malicious actions are…
24-6715 Robert Keshaun Turner v. United States Fourth Circuit 2025-03-06 Denied Response WaivedIFP fourth-amendment probable-cause reasonable-belief search-incident-to-arrest vehicle-search warrant-exception Whether the Fourth Circuit's application of the vehicle search incident-to-arrest exception to the warrant requirement resolved the meaning of 'reason…
24-6698 Joseph Smith v. United States District of Columbia 2025-03-04 Denied Response WaivedIFP constitutional-challenge cross-section-challenge duren-test fourth-amendment jury-selection systemic-exclusion What is the proper test to determine a cross-section challenge under the Duren second prong, and how to resolve if intertwined within the 'systemic ex…
24A850 Dieudruch Emmanuel v. United States Eleventh Circuit 2025-03-04 Presumed Complete controlled-substance-distribution fifth-amendment fourteenth-amendment fourth-amendment sixth-amendment spousal-privilege Whether the admission of privileged spousal communications and erroneous role-in-offense determinations in a drug distribution prosecution violated th…
24-919 Mike Miller v. Dillon Rock Ninth Circuit 2025-02-26 Denied Response RequestedRelisted (2) excessive-force fourth-amendment law-enforcement police-canine qualified-immunity use-of-force Whether the Ninth Circuit erred in denying qualified immunity to a police canine officer for the duration of a canine bite during an arrest of an arme…
24-922 James Harper v. Michael Faulkender, Acting Commissioner of Internal Revenue Service, et al. First Circuit 2025-02-26 Denied Amici (12)Response RequestedResponse WaivedRelisted (2) cryptocurrency-records fourth-amendment privacy-rights surveillance-tracking third-party-doctrine warrantless-search Does the Fourth Amendment permit warrantless searches of customer records held by third-party service providers if the records are contractually owned…
24-6637 Roger Moss v. United States Tenth Circuit 2025-02-25 Denied Response WaivedIFP criminal-procedure drug-trafficking fourth-amendment law-enforcement probable-cause search-warrant Does probable cause to believe a person is engaged in drug trafficking per se establish probable cause to search their home? If not, is the affiant's …
24-6597 Steven Matthew Boas v. Jason Graves, et al. Fourth Circuit 2025-02-20 Denied IFP civil-liberties constitutional-rights emergency-powers fourth-amendment law-enforcement probable-cause Whether probable cause exists during a stay at home order when an officer observes a person exiting a grocery store and video records police activity,…
24-6593 Juan Guerrero v. United States First Circuit 2025-02-19 Denied Response WaivedIFP circuit-court-review fourth-amendment officer-safety protective-sweep suppression-ruling vehicle-search Whether the First Circuit erred in reversing the District Court's suppression ruling by holding that an officer's actual fear for their safety is not …
24-892 Alejandro Martinez v. City of Rosenberg, Texas, et al. Fifth Circuit 2025-02-19 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) circuit-split constitutional-rights excessive-force fourth-amendment injury-threshold police-misconduct Is an otherwise unreasonable use of excessive force permitted under the Fourth Amendment so long as it results in no, or only minor, injuries?
24-6548 Kynnedi'Rae Joan Charles v. Officer Gary Wayne Chambers, et al. Eleventh Circuit 2025-02-12 Denied IFP civil-rights constitutional-protections due-process fourteenth-amendment fourth-amendment law-enforcement Whether law enforcement's involvement in a private vehicle repossession potentially violates constitutional protections under the Fourth and Fourteent…
24-863 Wanda L. Edwards v. South Dakota South Dakota 2025-02-12 Denied fourth-amendment passenger-rights probable-cause search-warrant traffic-stop vehicle-search Whether officers must have probable cause to search purses held or worn by passengers during traffic stops
24-6537 Shaborn Washington v. United States Eleventh Circuit 2025-02-11 Denied Response WaivedIFP exclusionary-rule fourth-amendment motion-to-suppress probable-cause search-and-seizure warrantless-search Whether it was error for the Eleventh Circuit to uphold the district court's order denying Petitioner's Motion to Suppress items obtained through an u…
24-6511 Ian Mitcham v. Arizona Arizona 2025-02-10 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure dna-profile fourth-amendment inevitable-discovery law-enforcement search-and-seizure Does inevitable discovery require an independent alternative investigation that is in progress at the time of the illegal search?
24-6499 Michael J. Baniel v. United States Fifth Circuit 2025-02-07 Denied Response WaivedIFP fourth-amendment narcotics-investigation probable-cause reasonable-suspicion traffic-stop warrantless-search Whether Trooper Colton Derrick unreasonably extended a traffic stop by focusing on a narcotics investigation without reasonable suspicion or probable …
24-847 Ladonies P. Strong v. United States Armed Forces 2025-02-07 Denied Response Waived data-seizure dominion-and-control fourth-amendment military-justice property-interference search-and-seizure Whether a different test is required for the seizure of data contained on a device than the test laid out in United States v. Jacobsen
24-6470 Alan E. Sanchez v. United States Eighth Circuit 2025-02-05 Denied Response WaivedIFP constitutional-rights court-procedure deliberate-falsity fourth-amendment judicial-review law-enforcement-testimony Whether a district court and appellate court can declare deliberate false testimony of law enforcement a mistake and ignore it when analyzing a defend…
24-6467 Ronnie Robinson v. United States Second Circuit 2025-02-04 Denied Response WaivedIFP cell-phone-search constitutional-rights fourth-amendment probation-search reasonable-suspicion warrantless-search Whether a warrantless search of a probationer's cell phone and residence by a probation officer without reasonable suspicion violates Fourth Amendment…
24-6443 Davion Brown v. United States Second Circuit 2025-02-03 Denied Response WaivedIFP fourth-amendment franks-hearing government-misconduct judicial-review search-and-seizure warrant-falsity Whether the Second Circuit erred in denying Petitioner a Franks hearing when confronted with evidence of government representatives lying to four succ…
24-821 Richard L. Lewis v. Brian Emig, Warden, et al. Third Circuit 2025-02-03 Denied appellate-counsel constitutional-challenge direct-appeal evidence-suppression fourth-amendment ineffective-assistance Whether Mr. Lewis's state court appellate counsel was ineffective for failing to present obvious and significant constitutional challenges to the admi…
24-823 Benjamin Benfer v. City of Baytown, Texas, et al. Fifth Circuit 2025-02-03 Denied Response Waived circuit-split due-process excessive-force fourth-amendment police-force qualified-immunity Whether the Fourth Amendment can countenance an extended bite by a police attack dog where no adequate warning was given, and the suspect was unarmed …
24A752 Kyle Smith, et al. v. Rochelle Scott, Individually, and as Co-Special Administrator of the Estate of Roy Anthony Scott, et al. Ninth Circuit 2025-01-31 Presumed Complete civil-rights excessive-force fourth-amendment law-enforcement qualified-immunity use-of-force Whether the Ninth Circuit Court of Appeals correctly applied constitutional standards in reviewing a law enforcement use of force claim involving pote…
24-6423 Davonte Laron Chaney v. United States Tenth Circuit 2025-01-30 Denied Response WaivedIFP affidavit false-statements fourth-amendment materiality probable-cause search-warrant Whether a search warrant affidavit establishes probable cause when the affiant made materially false statements
24-6412 Joey Lamont Brunson v. United States Fourth Circuit 2025-01-29 Denied Response WaivedIFP constitutional-law criminal-procedure exclusionary-rule fourth-amendment good-faith-exception wiretap-order Whether the good faith exception to the Fourth Amendment exclusionary rule applies to Title III wiretap orders that are insufficient on their face, an…
24-6400 Tac Tran v. United States Ninth Circuit 2025-01-28 Denied Response WaivedIFP circuit-split fourth-amendment guest-rights home-entry search-and-seizure standing Whether a guest who has substantial connections to a home and its residents has Fourth Amendment standing to challenge a search of the home that occur…
24-802 Aleksandr J. Stoyanov v. Howard County, Maryland, et al. Fourth Circuit 2025-01-28 Denied Response Waived constitutional-rights due-process fourth-amendment fraud-upon-court malicious-prosecution section-1983 Whether the Court of Appeals abused its discretion by using Ashcroft to improperly affirm the district court's dismissal order of a §1983 malicious pr…
24A735 Latrisha Winder, as Next Friend of J. W., a Minor and as Personal Representative of the Estate of Stephen Wayne Winder, Deceased, et al. v. Joshua M. Gallardo, et al. Fifth Circuit 2025-01-27 Presumed Complete excessive-force fourth-amendment high-speed-pursuit qualified-immunity seizure use-of-force Whether a law enforcement officer's use of force during a high-speed pursuit constitutes an unreasonable seizure in violation of the Fourth Amendment
24-6357 Montrese Antoine Snuggs v. United States Fourth Circuit 2025-01-22 Denied Response WaivedIFP criminal-procedure fourth-amendment probation-condition search-and-seizure suspicionless-search warrantless-search Whether the Fourth Amendment authorizes warrantless, suspicionless searches of probationers as part of a condition of probation
24-6295 Rashawn Tyriq Perkins v. United States Fourth Circuit 2025-01-14 Denied Response WaivedIFP cell-phone fourth-amendment location-data particularity-requirement reasonable-reliance search-warrant Whether the court of appeals correctly determined that a search warrant for collection of real time location data from Petitioner's cell device over a…
24-6281 Zodiac Azucenas v. United States Ninth Circuit 2025-01-13 Denied Response WaivedIFP digital-privacy fourth-amendment government-intrusion messenger-communications physical-intrusion warrantless-search Whether the Government's warrantless review of private written communications on Facebook's Messenger application constitutes a physical intrusion in …
24-6257 Willie Cory Godbolt v. Mississippi Mississippi 2025-01-10 Denied IFP constitutional-rights criminal-procedure due-process evidence-admissibility fourth-amendment search-and-seizure Whether a criminal defendant's constitutional rights were violated by the admission of evidence obtained through an allegedly improper search and seiz…
24-6245 Brad A. Smith v. United States First Circuit 2025-01-08 Denied Response WaivedIFP fifth-amendment fourth-amendment immigration-law interrogation-rights knock-and-talk sixth-amendment Did authorities violate the Fourth, Fifth, and Sixth Amendments during a 'knock-and-talk' interrogation by entering a secured gate, demanding identifi…
24A668 Juventino L. Plancarte v. United States Seventh Circuit 2025-01-08 Presumed Complete drug-sniffing-k9 fourth-amendment investigative-devices probable-cause search-and-seizure traffic-stop Whether the Fourth Amendment permits law enforcement to use a drug-sniffing K9 to detect possessions without probable cause during a traffic stop
24-6254 Ryan Galal VanDyck v. United States Ninth Circuit 2025-01-08 Denied Response WaivedIFP constitutional-rights email-privacy fourth-amendment ineffective-assistance probable-cause warrantless-search Did the lower courts err by concluding that trial counsel was strategic to abandon a Fourth Amendment challenge to a warrantless email search, especia…
24-6222 Donat Caleb Porter v. North Carolina North Carolina 2025-01-02 Denied Response WaivedRelisted (2)IFP constitutional-rights controlled-substance exigent-circumstances fourth-amendment pro-se-litigation state-police-powers Whether North Carolina's Controlled Substance Act and Federal Substance laws violate constitutional rights regarding marijuana possession and use
24A648 Richard L. Lewis v. Brian Emig, Warden, et al. Third Circuit 2024-12-31 Presumed Complete constitutional-challenge extraterritorial-surveillance fourth-amendment gps-tracking probable-cause search-warrant Whether the Fourth Amendment permits extraterritorial GPS tracking by state law enforcement without explicit statutory authorization or judicial warra…
24-6208 Luciano Molina Rios v. Washington Washington 2024-12-27 Denied IFP cell-phone-tracking fourth-amendment privacy-rights probable-cause search-and-seizure warrant-requirement Whether the Fourth Amendment to the U.S. Constitution prohibits the use of cell phone location data without a warrant to track a suspect's movements
24-677 Victor Hill v. United States Eleventh Circuit 2024-12-26 Denied correctional-officer excessive-force fourth-amendment jail-security pretrial-detainees restraint-chairs Whether any broad principle of law gives fair warning that it constitutes 'excessive force' in violation of the Fourth Amendment for a correctional of…
24-681 Konstadin Bitzas v. New Jersey New Jersey 2024-12-26 Denied Response Waived due-process emergency-caretaker fourth-amendment pro-se-representation probable-cause search-warrant Whether defects in a search warrant application process, including failure to satisfy the oath requirement, omitting key facts about witnesses' intoxi…
24-6188 John Earl Broomfield, Jr. v. United States Eighth Circuit 2024-12-23 Denied Response WaivedIFP 911-call anonymous-tip fourth-amendment law-enforcement reasonable-suspicion supreme-court-precedent Whether the 911 callers were 'anonymous' and if their identification conflicts with Florida v. J.L. precedent
24A585 Trinidad Alvarado v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-12-16 Presumed Complete constitutional-rights criminal-procedure evidence-suppression fourth-amendment methamphetamine-possession search-and-seizure Whether the Fourth Amendment prohibits the admission of evidence obtained through an allegedly illegal search and seizure in a state criminal prosecut…
24A566 Ladonies P. Strong v. United States Armed Forces 2024-12-11 Presumed Complete court-martial digital-search electronic-devices fourth-amendment military-justice probable-cause Whether the Fourth Amendment permits warrantless digital searches of military personnel's electronic devices during a court-martial proceeding without…
24-6091 Pedro Pablo Fuentes v. Steven Harpe, Director, Oklahoma Department of Corrections Tenth Circuit 2024-12-09 Denied IFP certificate-of-appealability fourth-amendment habeas-corpus judicial-review reasonable-suspicion traffic-stop Whether the Tenth Circuit unreasonably determined the facts and violated the petitioner's Fourth Amendment rights during a traffic stop
24-6075 Lamar Williams v. Alyeska Seafoods, Inc. Alaska 2024-12-05 Denied Response WaivedIFP constitutional-violations fifth-amendment fourteenth-amendment fourth-amendment government-funding labor-law Whether the plaintiff seeks judicial review of potential constitutional and labor law violations by Alyeska Seafood company and government agencies
24-6080 Victor Manuel Ramirez v. United States Ninth Circuit 2024-12-05 Denied Response WaivedIFP constitutional-rights fourth-amendment police-inquiry reasonable-suspicion seizure-duration traffic-stop Whether the Ninth Circuit erred in creating a bright-line rule permitting police to lengthen a traffic stop by inquiring about a driver's parole or pr…
24-616 Officer Benjamin M. Bauer v. Ethan Daniel Marks Eighth Circuit 2024-12-05 GVR Amici (3)Response RequestedResponse WaivedRelisted (3) fourth-amendment law-enforcement medical-evacuation protest seizure use-of-force Whether the use of a less-lethal projectile during a violent protest to repel an attacker and protect officers and civilians constitutes a Fourth Amen…
24A549 James Harper v. Daniel I. Werfel, Commissioner of the Internal Revenue Service, et al. First Circuit 2024-12-05 Presumed Complete administrative-procedure-act cryptocurrency financial-privacy fourth-amendment john-doe-summons third-party-doctrine Whether the Fourth Amendment's third-party doctrine permits the IRS to obtain a 'John Doe' summons compelling a cryptocurrency exchange to disclose pr…
24-595 William L. Harris v. City of Kent, Washington, et al. Ninth Circuit 2024-12-03 Denied Response Waived appellate-review civil-procedure constitutional-rights due-process fourth-amendment stare-decisis Whether a three-judge panel of the Ninth Circuit erred in affirming the dismissal of a case involving alleged violations of Supreme Court precedent an…
24-6068 Marlon Maurice Winborn v. United States Eighth Circuit 2024-12-03 Denied Response WaivedIFP criminal-activity fourth-amendment informant-tip law-enforcement probable-cause reasonable-inference Does the Fourth Amendment require that even a reliable informant provide police with sufficient information to allow an officer to reasonably infer th…
24-577 Gilbert Perez v. United States First Circuit 2024-11-25 Denied Amici (2) arrest-search criminal-procedure fourth-amendment law-enforcement luggage-search warrantless-search Does the Fourth Amendment prohibit the warrantless search of a backpack, piece of luggage, or other bag carried by an individual at the time of his ar…
24-6024 Rudolph Daniel Miffin, Jr. and Jermaine Darnell Johnson v. United States Fourth Circuit 2024-11-25 Denied Response WaivedIFP automobile-exception fourth-amendment marijuana-decriminalization probable-cause vehicle-search warrantless-search Where a state has decriminalized simple possession of marijuana, can state and local police conduct a warrantless search of a vehicle based on the aut…
24-6027 In Re Pierre Haobsh 2024-11-25 Denied Relisted (3)IFP constitutional-rights due-process fourteenth-amendment fourth-amendment habeas-corpus search-and-seizure Whether the State of California violated the Fourth and Fourteenth Amendment rights of the petitioner through unconstitutional search and seizure prac…
24-6023 Leonardo Terrazas v. United States Fifth Circuit 2024-11-22 Denied Response WaivedIFP constitutional-rights exclusionary-rule fourth-amendment inevitable-discovery law-enforcement search-and-seizure Whether the Fifth Circuit's application of the inevitable-discovery doctrine conflicts with Supreme Court precedent
24A483 Samuel Boima v. United States Second Circuit 2024-11-15 Presumed Complete appellate-review constitutional-challenge fourth-amendment guilty-plea search-and-seizure suppression-of-evidence Whether a federal district court's denial of a motion to suppress evidence obtained through an allegedly unconstitutional search can be reviewed on di…
24-535 Gregory Rogers v. United States Sixth Circuit 2024-11-13 Denied criminal-procedure expectation-of-privacy fourth-amendment law-enforcement search-and-seizure vehicle-search Whether a passenger in a borrowed, lawfully parked vehicle retains a Fourth Amendment expectation of privacy when making truthful statements to law en…
24-5960 Christopher Patrick McGowan v. Pennsylvania Pennsylvania 2024-11-13 Denied Relisted (2)IFP fifth-amendment fourteenth-amendment fourth-amendment grand-jury preliminary-hearing probable-cause Did the Franklin County Court of Common Pleas violate the petitioner's Fourth, Fifth, and Fourteenth Amendment rights through improper judicial proced…
24-5955 John C. Coleman v. Ohio Ohio 2024-11-12 Denied IFP constitutional-rights dna-collection due-process fourth-amendment probable-cause warrant Whether the DNA obtained from a suspect without a warrant and without probable cause violates the Fourth and Fourteenth Amendments' due process protec…
24A473 Victor Hill v. United States Eleventh Circuit 2024-11-12 Presumed Complete constitutional-violation detainee-rights excessive-force fourth-amendment law-enforcement-misconduct restraint-chairs Whether the use of passive restraint chairs on nonresistant detainees for extended periods constitutes excessive force in violation of the Fourth Amen…
24A465 Timothy M. Gemelli v. Perry Nicosia, District Attorney, 34th Judicial District Court, et al. Fifth Circuit 2024-11-08 Presumed Complete brady-violation due-process exculpatory-evidence fourth-amendment material-evidence prosecutorial-misconduct Whether a prosecutor's failure to disclose potentially exculpatory text messages and cellphone evidence constitutes a Brady violation when the evidenc…
24-521 Bethany Farber v. City of Los Angeles, California, et al. Ninth Circuit 2024-11-07 Denied Response Waived fourteenth-amendment fourth-amendment section-1983 substantive-due-process unreasonable-seizures wrongful-detention Whether the right against wrongful detention falls under the Fourth Amendment's proscription against unreasonable seizures or the Fourteenth Amendment…
24-519 Eunice Bisong Nkongho v. United States Fourth Circuit 2024-11-06 Denied Response Waived border-search criminal-investigation electronic-media fourth-amendment law-enforcement search-warrant Whether the border exception to the Fourth Amendment allows warrantless seizure and search of electronic media for criminal investigation purposes, an…
24A456 In Re Mawule Tepe Fifth Circuit 2024-11-06 Presumed Complete administrative-seizure constitutional-rights due-process fifth-amendment fourth-amendment tax-refund Whether the Internal Revenue Service's seizure of a taxpayer's refund without prior judicial authorization violates due process under the Fourth and F…
24-5888 Terrion Deondre Herman v. R. Brown Fourth Circuit 2024-11-01 Denied Response WaivedIFP fourth-amendment government-surveillance privacy-rights reasonable-expectation search-and-seizure warrant-requirement Whether the government's use of a tracking device to monitor an individual's movements in a private apartment complex without a warrant violates Fourt…
24-5890 Ushery Stewart v. United States Sixth Circuit 2024-11-01 Denied Response WaivedIFP circuit-split drug-dealer fourth-amendment good-faith-exception search-and-seizure warrant-requirement Whether the Fourth Amendment permits a warrantless search of a residence based solely on a person's status as a known drug dealer and whether Leon's g…
24-484 Michigan v. David Allan Lucynski Michigan 2024-10-31 Denied Response RequestedResponse WaivedRelisted (2) evidence-suppression fourth-amendment legal-mistake police-conduct probable-cause reasonable-standard Whether all unreasonable mistakes of law by police constitute deliberate or reckless conduct requiring evidence suppression
24-5870 Paul Curtis Pemberton v. United States Tenth Circuit 2024-10-31 Denied Response WaivedIFP evidence-collection exclusionary-rule fourth-amendment good-faith-exception law-enforcement warrantless-arrest Whether the good-faith exception to the exclusionary rule can be extended to evidence collected from a warrantless arrest
24-5864 Antwone Miguel Sanders v. United States Sixth Circuit 2024-10-30 Denied Response WaivedIFP due-process fourth-amendment leon-exception nexus probable-cause search-warrant Whether the search warrant affidavit failed to establish the requisite nexus for searching a private residence and whether the Leon good-faith excepti…
24-473 Karen Jimerson, et al. v. Mike Lewis Fifth Circuit 2024-10-29 Denied Amici (2)Relisted (4) circuit-split constitutional-rights fourth-amendment law-enforcement qualified-immunity search-warrant Whether Maryland v. Garrison clearly established that officers violate the Fourth Amendment when they search the wrong house without checking the addr…
24-5830 Derek Tyler Horton v. Alabama Alabama 2024-10-25 Denied Response WaivedIFP constitutional-rights fourth-amendment law-enforcement pretextual-arrest probable-cause warrant-execution Whether a police officer's reason for acting should factor into the Fourth Amendment inquiry and whether an arrest can be considered lawful when circu…
24-438 Benjamin S. Goldberg v. Ralph Northam, former Governor of Virginia, et al. Fourth Circuit 2024-10-18 Denied Response Waived constitutional-rights covid-19 emergency-orders fourth-amendment mask-mandate state-action Whether COVID-19 emergency orders requiring masking violated the Fourth Amendment rights of a petitioner when enforced by state officials
24-5771 Kyle Christopher Zoellner v. City of Arcata, California, et al. Ninth Circuit 2024-10-17 Denied IFP criminal-procedure due-process evidence-tampering fourth-amendment probable-cause sixth-amendment Whether the Ninth Circuit erred in affirming the district court's judgment regarding probable cause for arrest and the constitutional implications of …
24-5773 Sedric Q. Sutton v. Charlton Smith, et al. Fifth Circuit 2024-10-17 Denied Relisted (2)IFP constitutional-violation drug-possession fourth-amendment illegal-seizure search-warrant summary-judgment Whether the Fifth Circuit erred in granting summary judgment denying damages for illegal search and seizure when Sutton allegedly failed to create a g…
24-424 Raymond N. Bailey, Jr. v. Arkansas Arkansas 2024-10-16 Denied Amici (3) criminal-supervision fourth-amendment probable-cause residency-verification search-and-seizure warrantless-search Whether a warrantless search violates the Fourth Amendment where government lacks probable cause to believe the place searched is the person's actual …
24A361 William Trevor Case v. Montana Montana 2024-10-16 Presumed Complete community-caretaking emergency-aid exigent-circumstances fourth-amendment probable-cause warrantless-search Whether the Fourth Amendment permits warrantless home entry under a 'community caretaking' exception when officers subjectively believe an occupant ma…
24-5757 Damian Cortez v. United States First Circuit 2024-10-15 Denied Response WaivedIFP circuit-split fourth-amendment franks-hearing offer-of-proof probable-cause search-warrant Whether a circuit split exists regarding the standard for presenting an offer of proof under Franks v. Delaware and the Fourth Amendment requirements …
24-5738 Corloyd Anderson v. United States Fourth Circuit 2024-10-10 Denied Response WaivedIFP affiant-misconduct bad-faith criminal-procedure fourth-amendment probable-cause warrant-clause Does the Warrant Clause require a new trial when newly-discovered evidence establishes that a law enforcement affiant concealed prior felonious conduc…
24-5726 William Hudson v. Brian Emig, Warden, et al. Third Circuit 2024-10-08 Denied Response WaivedIFP digital-search fourth-amendment ineffective-assistance sixth-amendment strickland-test warrant-particularity Whether digital searches of entire computer contents violate the Fourth Amendment's particularity requirement and whether ineffective assistance of co…
24-372 William Robert Taft v. Colorado Colorado 2024-10-02 Denied Response Waived criminal-procedure fourth-amendment probable-cause protective-sweep unreasonable-search warrant-requirement Whether the Colorado Court of Appeals reversibly erred by expanding the protective sweep exception to the Fourth Amendment warrant requirement beyond …
24A314 Robert Darrel Batson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-10-02 Presumed Complete certificate-of-appealability constitutional-claims fourth-amendment habeas-corpus ineffective-assistance state-court-review Whether a state prisoner can obtain federal habeas relief under 28 U.S.C. § 2254(d) when state appellate courts have already adjudicated his ineffecti…
24-5687 Solomon Odubajo v. United States Sixth Circuit 2024-10-01 Denied Response WaivedIFP fourth-amendment reasonable-suspicion search-and-seizure source-state terry-stop warrantless-search Whether a single factor of a parcel's state of origin is sufficient to establish reasonable suspicion for seizure and whether a warrantless search of …
24-353 Elelake James Jefferson, Jr. v. Pennsylvania Pennsylvania 2024-09-30 Denied consent-doctrine fourth-amendment schneckloth-standard subjective-intent totality-of-circumstances warrantless-search Whether a court should consider a defendant's subjective intent when assessing consent to a warrantless search under the totality of the circumstances…
24-5660 In Re Pakuja Crystal Vang 2024-09-30 Denied IFP civil-rights disability-discrimination due-process federal-jurisdiction fourth-amendment judicial-misconduct Whether the Fourth Circuit improperly dismissed the petitioner's constitutional claims involving civil rights violations and procedural misconduct
24-5620 Salvador Salas, Jr. v. United States Tenth Circuit 2024-09-24 Denied Response WaivedIFP carpenter-v-united-states container-search digital-privacy fourth-amendment riley-v-california search-and-seizure Whether the Fourth Amendment prohibits application of the 'container search' doctrine to digital storage devices
24-310 Sean Michael McGuire v. Texas Texas 2024-09-19 Denied Response Waived exigent-circumstances felony-arrest fourth-amendment misdemeanor probable-cause warrantless-arrest Does the Fourth Amendment permit a police officer to make a warrantless arrest for a felony not committed in his presence where probable cause only ex…
24-5577 Victor Javier Grandia Gonzalez v. United States Eleventh Circuit 2024-09-19 Denied Response RequestedResponse WaivedRelisted (5)IFP common-law-rule constitutional-protection fourth-amendment misdemeanor-offense officer-presence warrantless-arrest Whether a warrantless arrest for a misdemeanor offense violates the Fourth Amendment where the offense did not occur in the presence of an officer
24A276 Manuel Enrique Yates v. United States Second Circuit 2024-09-18 Presumed Complete confrontation-clause fourth-amendment pro-se search-and-seizure sixth-amendment venue Whether the Sixth Amendment's Confrontation Clause and Venue Clause, and the Fourth Amendment's prohibition on unreasonable searches and seizures, wer…
24-302 Marcos Mendez v. United States Seventh Circuit 2024-09-17 Denied Response RequestedResponse WaivedRelisted (2) border-search cell-phone-search electronic-privacy fourth-amendment suspicionless-search warrantless-search Whether the Government may conduct a warrantless and suspicionless search of electronic contents of a person's cell phone at the border
24A268 Marino Scafidi v. Las Vegas Metropolitan Police Department, et al. Ninth Circuit 2024-09-17 Presumed Complete exculpatory-evidence fourth-amendment malicious-prosecution probable-cause summary-judgment warrantless-search Whether the Fourth Amendment requires law enforcement to immediately release a suspect from custody when probable cause dissipates due to newly discov…
24-5540 Mykel Lee McMillion v. United States Eighth Circuit 2024-09-13 Denied Response WaivedIFP constitutional-rights criminal-procedure firearm-possession fourth-amendment open-carry warrantless-seizure Whether the possession of a firearm in an open-carry state, combined with other wholly innocent factors, is sufficient to justify a warrantless seizur…
24-271 Jerry Arnold Westrom v. Minnesota Minnesota 2024-09-10 Denied Response Waived confrontation-clause effective-assistance-of-counsel fourth-amendment reasonable-expectation-of-privacy shed-dna sixth-amendment Whether society recognizes a reasonable expectation of privacy in shed DNA under the Fourth Amendment and whether scientific testimony violates confro…
24-5501 Victor Manuel Campos-Ayala v. United States Fifth Circuit 2024-09-10 Denied IFP controlled-substances-act due-process fourth-amendment miranda-warnings traffic-stop witness-deportation Whether law enforcement agents must read Miranda warnings during an investigative traffic stop prior to formal arrest, whether possession with intent …
24-5505 David Brian Larche, Jr. v. United States Eleventh Circuit 2024-09-10 Denied Response WaivedIFP fourth-amendment probable-cause reasonable-suspicion terry-stop traffic-stop warrantless-detention Whether possession of cash alone constitutes reasonable suspicion to prolong a warrantless detention after a completed traffic stop
24-5473 James Williams v. United States Second Circuit 2024-09-05 Denied Response WaivedIFP criminal-procedure due-process fourth-amendment probable-cause search-and-seizure warrant-requirement Question not identified.
24A238 Gregory Rogers v. United States Sixth Circuit 2024-09-04 Presumed Complete criminal-procedure expectation-of-privacy fourth-amendment probable-cause vehicle-search warrantless-search Whether a passenger in a borrowed vehicle who has the owner's permission to use the car retains a Fourth Amendment privacy interest even when not driv…
24-230 Kathleen Wright-Gottshall, et al. v. New Jersey, et al. Third Circuit 2024-08-29 Denied Response Waived bodily-integrity fourth-amendment government-employment medical-testing mootness qualified-immunity Whether mandated weekly Covid-19 medical testing for government employees violates Fourth Amendment rights and whether such testing is a clearly estab…
24-5396 Pedro Pablo Fuentes v. Steven Harpe Tenth Circuit 2024-08-27 Denied IFP collective-knowledge-doctrine detention fourth-amendment probable-cause search-and-seizure traffic-stop Whether law enforcement can detain a suspect and conduct a K-9 search after issuing a traffic citation without additional probable cause or consent
24-5397 Bruce Sanford v. United States Eighth Circuit 2024-08-27 Denied Response WaivedIFP constitutional-rights fourth-amendment freedom-of-movement law-enforcement probable-cause seizure Whether a citizen is seized within the meaning of the Fourth Amendment when law enforcement impedes the citizen's freedom of movement?
24-5381 Nathan Cooper v. United States Eleventh Circuit 2024-08-23 Denied Amici (4)Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights fourth-amendment police-search probable-cause stop-and-frisk terry-stop Whether the Court should overrule the frisk holding of Terry v. Ohio, which allows police officers to search people absent probable cause to arrest
24A201 Peter K. Navarro v. United States District of Columbia 2024-08-23 Presumed Complete act-of-production fifth-amendment fourth-amendment presidential-records-act self-incrimination white-house-records Whether the Presidential Records Act and the Fourth Amendment permit compelled production of presidential records from a former White House official's…
24-199 Aldo Ortega v. Tanya Ford, et al. Seventh Circuit 2024-08-22 Denied due-process eighth-amendment equal-protection fourth-amendment psychological-detention warrant-clause Whether a warrant issued by the Department of Corrections for allegedly violating a non-existent mandatory supervised release agreement violates the F…
24-5365 Troy Steven Richter v. United States Seventh Circuit 2024-08-22 Denied Response WaivedIFP criminal-investigation erotica first-amendment fourth-amendment free-speech ineffective-assistance Does the First Amendment protect against criminal investigation initiation for materials deemed erotica and not violating criminal statutes?
24-172 Marques A. Johnson v. James Dunn Eleventh Circuit 2024-08-16 Denied Response Waived arrest circuit-split constitutional-rights fourth-amendment law-enforcement qualified-immunity Whether the Fourth Amendment prohibits arresting a passenger in a car not suspected of any wrongdoing solely for failing to immediately provide identi…
24-5332 Armando Daniel Calderon v. United States Ninth Circuit 2024-08-16 Denied Response WaivedIFP criminal-procedure fourth-amendment law-enforcement property-rights reasonable-suspicion vehicle-seizure Does an officer violate a driver's Fourth Amendment property rights by continuing to seize a vehicle after the driver is in custody without independen…
24-152 Michael Pina v. Estate of Jacob Dominguez Ninth Circuit 2024-08-15 Denied Response RequestedResponse WaivedRelisted (5) armed-robbery excessive-force fourth-amendment investigative-stop police-use-of-force qualified-immunity Whether the Ninth Circuit erred in finding a Fourth Amendment violation when police fatally shot a suspect who failed to comply with commands during a…
24-5321 Terry M. Peterson, Jr. v. Wisconsin Wisconsin 2024-08-15 Denied Response WaivedRelisted (2)IFP bodily-integrity fourth-amendment medical-procedure probable-cause search-and-seizure warrantless-search Whether a warrantless search of a suspect's body during a medical procedure violates the Fourth Amendment's protection against unreasonable searches
24-5300 Shakeen Davis, Jamal Lockley, and Dante D. Bailey v. United States Fourth Circuit 2024-08-12 Denied Response WaivedIFP bad-faith fourth-amendment probable-cause search-warrants warrant-clause wiretap-orders Does the Warrant Clause require a new trial when newly discovered evidence establishes that an affiant who applied for wiretap orders and search warra…
24A166 Tidera Harris v. Gregory Harvey Eleventh Circuit 2024-08-12 Presumed Complete deadly-force excessive-force fourth-amendment law-enforcement qualified-immunity use-of-force Whether a law enforcement officer can assert qualified immunity when using deadly force against an unarmed suspect who does not pose an immediate thre…
24-5278 Mark Manuel Angeles Marino v. United States Eleventh Circuit 2024-08-08 Denied Response WaivedIFP fifth-amendment fourth-amendment probable-cause search-warrant self-incrimination sentencing-hearing Whether a defendant's Fifth Amendment privilege against self-incrimination was violated by drawing an adverse inference from silence at a sentencing h…
24A157 United States v. Landon R. Mayo District of Columbia 2024-08-08 Presumed Complete fourth-amendment high-crime-area investigatory-stop reasonable-suspicion search-and-seizure terry-stop Whether a police officer's encounter with an individual in a high-crime area, involving suspicious waistband movements and subsequent flight, constitu…
24-5226 Terry Dwayne Jones v. United States Fourth Circuit 2024-08-05 Denied Response WaivedIFP burden-of-proof fourth-amendment law-enforcement pacing probable-cause search-and-seizure speed-estimation traffic-stop warrantless-search Whether an officer's invocation of 'pacing' as a basis for a traffic stop, without any ability to show how he was trained to use such a technique or w…
24-116 Daniel A. Madero v. Owen McGuinness Seventh Circuit 2024-08-01 Denied Response Waived appellate-review civil-rights due-process fourth-amendment material-fact probable-cause summary-judgment tolan Whether the denial of Mr. Madero's appeal to Respondent's motion for summary judgment was in error, under this Court's ruling in Tolan, as there was a…
24-5185 George Gaio Mano v. Janet Yellen, Secretary of the Treasury, et al. Seventh Circuit 2024-07-31 Denied Response WaivedIFP 10th-amendment 4th-amendment 5th-amendment 9th-amendment bank-secrecy bank-secrecy-act constitutional-privacy data-collection foreign-bank-account-report fourth-amendment privacy privacy-rights Does the US government's mass collection of private banking data violate the 4th, 5th, 9th, and 10th Amendments?
24-5197 Curtis Mitchell Paul v. United States Sixth Circuit 2024-07-31 Denied Response WaivedIFP criminal-investigation empirical-evidence fourth-amendment officer-mistake probable-cause reasonable-suspicion seizure terry-stop terry-v-ohio totality-of-the-circumstances Whether a police officer violates the Fourth Amendment when he seizes for criminal investigation a pedestrian walking in the vicinity of a recent robb…
24-5174 Michael D. Carver v. City of Kalamazoo, Michigan, et al. Sixth Circuit 2024-07-30 Denied IFP absolute-immunity fabricated-evidence false-arrest fourth-amendment franks-doctrine investigative-conduct malicious-prosecution probable-cause qualified-immunity Whether Franks applies to material omissions, and whether probable cause is vitiated for a particular offense where the omitted information is exculpa…
24-89 Cory Johnson v. United States Second Circuit 2024-07-29 Denied Response Waived 4th-amendment-search-and-seizure digital-evidence digital-privacy fourth-amendment gps metadata metadata-search probable-cause riley-precedent riley-v-california warrant-requirements warrant-scope Does Riley v. California prohibit the Government from searching privacy protected GPS information in the metadata of a digital video labeled contraban…
24-5150 Toyrieon Sessions v. United States Ninth Circuit 2024-07-26 Denied Response WaivedIFP Due-Process fourth-amendment law-enforcement mobile-device Mobile-Devices Probable-Cause Riley-v-California search-and-seizure Seizure warrant-requirement Warrantless-Search Fourth-Amendment
24-5136 John Michael Murphy v. United States Fifth Circuit 2024-07-25 Denied Response WaivedIFP 4th-amendment constitutional-violation contraband fourth-amendment pat-down plain-touch-doctrine probable-cause search-and-seizure warrantless-search Whether the plain-touch doctrine allows deputies to remove an unknown object from under a person's clothing when they do not believe it is a weapon or…
24-5147 Lamon D. Boyd v. Ohio Ohio 2024-07-25 Denied IFP due-process exclusionary-rule exigent-circumstances fourth-amendment issue being raised search-and-seizure term-1 term-2 term-3 term-4 term-5 term-6 warrantless-search 4th-amendment-search-and-seizure,14th-amendment-due-process,exclusionary-rule,plain-view-doctrine,exigent-circumstances,6th-amendment-fair-trial
24-75 Nicholas Yarofalchuw v. John Cabrera, et al. Ninth Circuit 2024-07-25 Denied Response Waived 4th-amendment curtilage curtilage-exception exigent-circumstances fourth-amendment misdemeanor misdemeanor-seizure reasonable-officer-standard santana-precedent search-and-seizure warrantless-arrest Is a warrantless arrest, in the absence of exigent circumstances, by physical force, for a misdemeanor, in the entrance to the curtilage of the suspec…
24-70 Ilya Kovalchuk v. City of Decherd, Tennessee Sixth Circuit 2024-07-23 Denied civil-rights discovery-standard due-process fourth-amendment monell-claim monell-liability municipal-liability plausibility-standard section-1983 twombly-iqbal Whether the Sixth Circuit's rejection of the 'plausibility' of Petitioner's Monell claim is erroneous, given its departure from the Twombly standard a…
24-72 Bruce L. Hay v. United States Tenth Circuit 2024-07-23 Denied Response RequestedResponse WaivedRelisted (3) curtilage curtilage-search founding-era-expectations fourth-amendment home home-privacy law-enforcement-surveillance mosaic-theory reasonable-expectation-of-privacy warrantless-surveillance Whether the Government's warrantless, longterm video camera surveillance of an individual's home and curtilage constitutes a 'search' for Fourth Amend…
24A72 Raymond N. Bailey, Jr. v. Arkansas Arkansas 2024-07-22 Presumed Complete fourth-amendment probable-cause probation-condition reasonable-suspicion search-waiver warrantless-search Whether the Fourth Amendment requires probable cause, rather than reasonable suspicion, to conduct a warrantless search of a probationer's residence u…
24A74 Curtrina Martin, Individually and as Parent and Next Friend of G.W., a Minor, et al. v. United States, et al. Eleventh Circuit 2024-07-22 Presumed Complete discretionary-function federal-tort-claims-act fourth-amendment qualified-immunity search-warrant supremacy-clause Whether the Supremacy Clause and the discretionary function exception of the Federal Tort Claims Act can immunize federal law enforcement from liabili…
24-5115 Jima Brown v. New York New York 2024-07-19 Denied IFP constitutional-rights criminal-procedure due-process fourth-amendment investigative-suspicion law-enforcement privacy probable-cause search-and-seizure warrantless-search Question not identified
24-5107 Myron Motley v. United States Ninth Circuit 2024-07-18 Denied IFP 4th-amendment fourth-amendment jurisdictional-split law-enforcement medical-records prescription-data prescription-drugs privacy privacy-expectation search-and-seizure Whether patients hold a reasonable expectation of privacy under the Fourth Amendment in prescription medication records
24-59 Stephen Lynch Murray v. Phil Archer, et al. Eleventh Circuit 2024-07-18 Denied Relisted (2) civil-procedure civil-rights color-of-law confrontation due-process fourth-amendment free-speech political-speech speech-retaliation standing witness-confrontation When there is speech infringement with arrest, must there be a venue for confrontation and evidence the state did not provide as due, before a federal…
24A55 Karen Jimerson, et al. v. Mike Lewis Fifth Circuit 2024-07-17 Presumed Complete clearly-established-law fourth-amendment qualified-immunity reasonable-efforts search-warrant wrong-house-raid Whether an officer violates clearly established Fourth Amendment law when executing a search warrant at the wrong residence without taking reasonable …
24A59 Kathleen Wright-Gottshall, et al. v. New Jersey, et al. Third Circuit 2024-07-17 Presumed Complete constitutional-search covid-19 fourth-amendment government-mandate medical-testing qualified-immunity Whether government-mandated COVID-19 medical testing of public workers constitutes an unreasonable search under the Fourth Amendment and whether quali…
24-5092 Moises Orlando Zelaya-Veliz, Jose Eliezar Molina-Veliz, Luis Alberto Gonzales, Gilberto Morales, and Jonathan Rafael Zelaya-Veliz v. United States Fourth Circuit 2024-07-16 Denied IFP digital-privacy facebook-data fourth-amendment government-scrutiny probable-cause search-and-seizure search-warrant social-media temporal-limitation warrant Does the Fourth Amendment prohibit the issuance of apparent 'all-data' warrants for Facebook accounts without any temporal limitation or for a period …
24-5074 Charles Brian O'Neill v. United States Sixth Circuit 2024-07-15 Denied Response WaivedIFP 4th-amendment exclusionary-rule fourth-amendment good-faith good-faith-exception law-enforcement probable-cause search-warrant suppression Do the deficiencies in the search warrants and their supporting affidavits merit good faith protection from the exclusionary rule?
24-5062 Amanda Reynolds v. City of Sandy, Utah Utah 2024-07-12 Denied IFP birchfield-v-north-dakota constitutional-violation due-process exclusionary-rule fifth-amendment first-amendment fourth-amendment implied-consent miranda-rights sixth-amendment standing-mootness-public-interest-doctrine Does Petitioner have standing to challenge the constitutionality of Utah's Implied Consent Statute?
24A34 David Brian Larche, Jr. v. United States Eleventh Circuit 2024-07-11 Presumed Complete fourth-amendment investigatory-detention reasonable-suspicion search-and-seizure terry-stop traffic-stop Whether law enforcement may extend a traffic stop and conduct a search based on mere speculation about criminal activity, contrary to the reasonable s…
24-5056 Tyrone Stafford v. Arnold S. Zwicke, Executive Sheriff, Guadalupe County, Texas, et al. Fifth Circuit 2024-07-11 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights constitutional-rights due-process excessive-force fourth-amendment law-enforcement malicious-prosecution police-misconduct qualified-immunity use-of-force Question not identified.
24-15 Paulette Smith, Individually and as Successor in Interest to Albert Dorsey, Deceased v. Edward Agdeppa Ninth Circuit 2024-07-09 Denied clearly-established excessive-force fourth-amendment police-shooting qualified-immunity section-1983 summary-judgment use-of-force In a § 1983 action arising out of fatal police shooting involving disputed allegations of Fourth Amendment violations, did the Ninth Circuit err in gr…
24-5015 Eduardo Alvarez, Jr. v. United States Ninth Circuit 2024-07-08 Denied Response WaivedIFP arrest-warrant attenuation-doctrine criminal-procedure exclusionary-rule fourth-amendment illegal-stop search-and-seizure standing utah-v-strieff Whether an officer's discovery of someone else's outstanding arrest warrant necessarily attenuates the illegality of a defendant's own detention under…
24A9 Nathan Cooper v. United States Eleventh Circuit 2024-07-08 Presumed Complete armed-and-dangerous criminal-activity fourth-amendment reasonable-suspicion stop-and-frisk terry-stop Whether a Terry stop-and-frisk is constitutional when the officer lacks objectively reasonable suspicion of criminal activity or that the suspect is a…
23-1355 Kris V. Zocco v. Wisconsin Wisconsin 2024-06-28 Denied Response Waived cell-phone-search criminal-procedure enumerated-crimes evidence evidence-seizure fourth-amendment particularity-requirement search-and-seizure search-warrant Does a warrant to search the entire contents of a cell phone for unspecified 'evidence' of enumerated crimes violate the Fourth Amendment's requiremen…
23-7805 In Re Enrique Medina 2024-06-28 Denied IFP access-to-court constitutional-law constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction search-and-seizure sixth-amendment warrantless-search Whether the petitioner's right to speedy trial was violated
23-7824 Kwuan Montrell Baker v. United States Eleventh Circuit 2024-06-28 Denied Response WaivedIFP fourth-amendment fourth-amendment-balancing law-enforcement pretextual-stop probable-cause reasonable-suspicion traffic-stop whren-v-united-states Whether an admittedly pretextual traffic stop based on reasonable suspicion, rather than probable cause, violates the Fourth Amendment
23-7827 Gianni Montay Minners v. United States Tenth Circuit 2024-06-28 Denied Response WaivedIFP 4th-amendment fourth-amendment gang-affiliation high-crime-area investigative-detention law-enforcement prior-gun-possession probable-cause reasonable-suspicion search-and-seizure Is an investigative detention reasonable when there are insufficient facts to conclude the individual is a gang member or the area is a high crime are…
23-7829 Brandon Roberts v. Wexford Health Sources, Inc., et al. Fourth Circuit 2024-06-28 Denied Response WaivedIFP access-to-courts civil-rights due-process fourth-amendment prisoner-rights statute-of-limitations strip-searches wrongful-death Can a prisoner state a claim for denial of access to the courts if prison officials impeded their ability to litigate a pending wrongful death suit?
23-7831 In Re Olamide Olatayo Bello 2024-06-28 Denied IFP 14th-amendment 4th-amendment 5th-amendment civil-rights criminal-procedure due-process fourth-amendment search-and-seizure search-warrant Whether a search warrant and seizure violate the petitioner's Fourth, Fifth, and Fourteenth Amendment rights
23-1343 Darwin Quinones-Pimentel, et al. v. Nicholas W. Cannon, et al. First Circuit 2024-06-26 Denied Response Waived bivens-action civil-rights constitutional-tort federal-agents fourth-amendment frank-v-delaware monetary-damages search-warrant Whether a Bivens action can be maintained against federal agents and actors when a search warrant is obtained in violation of the doctrine established…
23-7795 Marc Pierre Hall, aka Marc Valeriano, aka Fella v. United States Fourth Circuit 2024-06-25 Denied Response WaivedIFP appellate-review constitutional-law criminal-procedure due-process fourth-amendment law-enforcement probable-cause search-and-seizure sentencing statutory-interpretation Whether the sentencing court had discretion to correct or perpetuate constitutional errors in the defendant's sentence
23-7773 Christopher Marcel Esqueda v. United States Ninth Circuit 2024-06-21 Denied Response WaivedIFP consent Florida-v-Jardines fourth-amendment fourth-amendment-search implied-consent implied-license jardines-precedent law-enforcement property-based-test property-rights search search-and-seizure secret-recording undercover-agent Fourth-Amendment-search
23-7766 Charles Edward Luckett v. Robert Neuschmid, Warden Ninth Circuit 2024-06-20 Denied Response WaivedIFP brady-v-maryland burden-of-proof criminal-procedure due-process evidence exclusionary-rule fourteenth-amendment fourth-amendment habeas-corpus sixth-amendment witness Whether the exclusion of evidence related to Luckett's brother's detention inside the crime scene perimeter violated Luckett's Sixth and Fourteenth Am…
23-7748 Jacob W. Barron v. United States Fifth Circuit 2024-06-18 Denied Response WaivedIFP compliance-check criminal-procedure fourth-amendment fourth-amendment-expectation-of-privacy law-enforcement privacy-expectation probable-cause probation probation-search warrantless-search Did the warrantless search of Mr. Barron's home that was not related to monitoring his compliance with his probation offend his Fourth Amendment expec…
23-7734 Reshod Jamar Everett v. United States Fourth Circuit 2024-06-17 Denied Response WaivedIFP criminal-procedure fourth-amendment fourth-amendment-rights law-enforcement maryland-v-buie probable-cause protective-sweep reasonable-belief warrantless-search fourth-amendment
23-1311 Charles W. Washington v. Louisiana Louisiana 2024-06-14 Denied affidavit drug-activity fourth-amendment oral-testimony probable-cause search-warrant sgro-precedent time-delay warrant-application Whether the mandates announced in Sgro v. United States were violated in the issuance of the search warrant
23-7713 Calvin K. Wilson v. Florida Florida 2024-06-13 Denied Response WaivedRelisted (2)IFP exclusionary-rule false-statements fourth-amendment franks-v-delaware judicial-integrity law-enforcement probable-cause search-warrant Whether the Fourth Amendment exclusionary rule requires suppression of evidence obtained through a search warrant that was based in part on false stat…
23-7714 Derek Gerrish v. United States First Circuit 2024-06-13 Denied Response WaivedIFP bail bail-conditions circuit-split constitutional-rights due-process fourth-amendment individualized-suspicion law-enforcement-searches punishment search-and-seizure Does a bail condition that allows searches by law enforcement officers without probable cause or reasonable suspicion qualify as punishment for purpos…
23-1297 Michael Roane v. Tina Ray Fourth Circuit 2024-06-12 Denied clearly-established-law fourth-amendment fourth-amendment-seizure objective-reasonableness personal-property qualified-immunity self-defense summary-judgment unreasonable-seizure Whether Roane's act had to be the 'necessary' or 'unavoidable' act, rather than within a range of objective reasonableness, to be considered an act of…
23-7677 Daniela Bowman v. Cordelia Friedman Tenth Circuit 2024-06-10 Denied Response WaivedIFP compulsory-production due-process due-process-clause equal-protection equal-protection-clause evidentiary-hearing fourth-amendment judicial-review motion-to-dismiss oklahoma-press-publishing-co-v-walling statutory-interpretation Whether the Tenth Circuit's ruling rejecting a person's right to a due process evidentiary hearing conflicts with the Due Process and Equal Protection…
23A1100 Moises Orlando Zelaya-Veliz, Jose Eliezar Molina-Veliz, Luis Alberto Gonzales, Gilberto Morales, and Jonathan Rafael Zelaya-Veliz v. United States Fourth Circuit 2024-06-10 Presumed Complete digital-warrant exclusionary-rule facebook-data fourth-amendment particularity-requirement search-and-seizure Whether warrants for digital platform account data that lack temporal limitations and seek comprehensive account information violate the Fourth Amendm…
23-1285 Shawn T. Swindell v. Kenneth Bailey Eleventh Circuit 2024-06-07 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights exigent-circumstances fourth-amendment law-enforcement-entry misdemeanor misdemeanor-arrest payton-rule payton-v-new-york probable-cause qualified-immunity Was the entry into the home to arrest the misdemeanant clearly established as unconstitutional?
23-7636 Russell Davis v. United States Sixth Circuit 2024-06-04 Denied Response WaivedIFP 4th-amendment exclusionary-rule fourth-amendment good-faith-exception law-enforcement probable-cause search-and-seizure sworn-testimony warrant-affidavit Does the Leon good-faith exception apply to salvage a barebones affidavit?
23-1254 Stephen Ollar, et al. v. District of Columbia, et al. District of Columbia 2024-05-31 Denied Response Waived bodily-integrity evidence-fabrication fabricated-evidence fifth-amendment fourth-amendment medical-procedure parental-consent parental-rights seizure state-action Whether the Fourth Amendment assures parents that, painful-and-medically-unnecessary-procedures-of-their-child-will-not-be-undertaken-for-investigativ…
23A1075 Bruce L. Hay v. United States Tenth Circuit 2024-05-31 Presumed Complete curtilage fourth-amendment pole-camera reasonable-expectation-of-privacy surveillance warrantless-search Whether long-term, warrantless pole camera surveillance of a person's home and curtilage constitutes an unreasonable search under the Fourth Amendment
23-1255 Dephne Nguyen Wright v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2024-05-30 Denied certificate-of-appealability federal-habeas fourth-amendment habeas-corpus harmless-error ineffective-assistance-of-counsel probable-cause search-warrant Whether the U.S. Court of Appeals for the Fifth Circuit and district court applied too demanding of a standard governing issuance of a certificate of …
23-7580 Joseph Moraga v. Texas Texas 2024-05-29 Denied IFP 4th-amendment advisory-opinion contemporaneous-to-arrest custodial-arrest fourth-amendment possession probable-cause reasonable-expectation-of-privacy search-incident-to-arrest warrantless-search Whether the warrantless search of luggage stored in a motel closet was valid as incident to arrest
23A1061 Michael D. Cohen v. Donald J. Trump, former President of the United States, et al. Second Circuit 2024-05-29 Presumed Complete bivens-action constitutional-rights deterrence fourth-amendment home-confinement retaliation Whether a Bivens remedy is available for a government official's retaliatory revocation of home confinement in violation of a prisoner's constitutiona…
23-7562 Ricky Escobedo v. Katherine R. Gutierrez, et al. Fifth Circuit 2024-05-28 Denied Relisted (3)IFP 4th-amendment 5th-amendment color-of-law constitutional-rights due-process fifth-amendment fourth-amendment law-enforcement search-and-seizure traffic-stop Whether petitioner's motorvehicle traffic stop by a third-party (State - Local) under federal color of law was the result of a denial of his Fourth Am…
23-7572 Jerry A. Smith v. John Galipeau Seventh Circuit 2024-05-28 Denied Response WaivedIFP civil-rights criminal-procedure due-process fourth-amendment search-and-seizure standing Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures
23-1239 Janice Hughes Barnes, Individually and as Representative of the Estate of Ashtian Barnes, Deceased v. Roberto Felix, Jr., et al. Fifth Circuit 2024-05-24 Judgment Issued Amici (36)Response Waived circuit-split civil-rights due-process excessive-force fourth-amendment graham-v-connor moment-of-threat-doctrine police-use-of-force totality-of-the-circumstances Whether courts should apply the moment of the threat doctrine when evaluating an excessive-force claim under the Fourth-Amendment
23-1242 Taurean Jerome Weber v. United States Ninth Circuit 2024-05-24 Denied Response Waived digital-property digital-trespass exclusionary-rule fourth-amendment good-faith-exception government-intrusion search terms-of-service trespass warrantless-search Did the Court of Appeals err when it determined Instagram's boilerplate Terms of Service delineated Petitioner's Fourth Amendment rights and held no s…
23A1041 Charles Brian O'Neill v. United States Sixth Circuit 2024-05-22 Presumed Complete exclusionary-rule fourth-amendment good-faith-exception material-misrepresentation probable-cause search-warrant Whether the good faith exception to the Exclusionary Rule under U.S. v. Leon impermissibly erodes Fourth Amendment protections when applied to search …
23A1042 Curtis Mitchell Paul v. United States Sixth Circuit 2024-05-22 Presumed Complete digital-device exigent-circumstances fourth-amendment motion-to-suppress probable-cause warrantless-search Whether the Fourth Amendment permits the warrantless search of a digital device based on exigent circumstances without a contemporaneous probable caus…
23-7511 Rodney Johnson v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2024-05-20 Denied IFP appellate-procedure constitutional-law constitutional-rights criminal-procedure due-process evidence exclusionary-rule fourth-amendment probable-cause search-and-seizure Whether the issuing authority failed to comply with the rules of court to exclude the judge's signed order of the AEE and deny a writ of probable caus…
23A1023 Marques A. Johnson v. Chris Nocco, in His Official Capacity as Sheriff of Pasco County, Florida, et al. Eleventh Circuit 2024-05-17 Presumed Complete fourth-amendment identification law-enforcement passenger-rights qualified-immunity traffic-stop Whether the Fourth Amendment prohibits arresting a passenger in a vehicle for refusing to identify themselves when no reasonable suspicion of criminal…
23A1026 Cynthia Ballenger v. United States District of Columbia 2024-05-17 Presumed Complete capitol-building disruptive-conduct fourth-amendment january-6 restricted-area statutory-interpretation Whether entering or remaining in a Capitol building foyer during the January 6 events constitutes a violation of federal restricted area statutes when…
23-7413 Adonis Marquis Perry v. United States Fourth Circuit 2024-05-08 Denied Response WaivedIFP cell-phone cell-phone-privacy consent constitutional-rights fourth-amendment fourth-amendment-violation law-enforcement privacy search-and-seizure third-party-consent warrantless-search Whether a third party's personal use and physical possession of Petitioner's cell phone transfer authority to the third party to consent to law enforc…
23-7416 Christopher J. Pratt v. United States Second Circuit 2024-05-08 Denied Response WaivedIFP 4th-amendment circuit-court-split circuit-split fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant staleness standard-of-review Did the Second Court of Appeals err when they failed to apply their own standards under United States v. Raymonda, 780 F.3d 105 (2nd Cir. 2015), when …
23-7385 Jacob Paul Bermel v. United States Eighth Circuit 2024-05-06 Denied Response WaivedIFP consent electronic-device failure-to-object fourth-amendment implied-consent minor-consent search search-and-seizure warrantless-search Whether the failure to object to law enforcement search establishes implied consent to search for purposes of the Fourth Amendment?
23A975 Kwuan Montrell Baker v. United States Eleventh Circuit 2024-05-02 Presumed Complete criminal-procedure evidence-suppression fourth-amendment reasonable-suspicion search-and-seizure traffic-stop Whether the Fourth Amendment permits the warrantless search of a vehicle during a traffic stop based on an officer's alleged reasonable suspicion of c…
23-7350 Raul Zamora-Quinonos v. Illinois Illinois 2024-04-30 Denied Response WaivedIFP coercion consent-search exigent-circumstances fourth-amendment involuntary-consent law-enforcement search-and-seizure traffic-stop unreasonable-search Whether law enforcement violated the petitioner's right to be free from unreasonable search and seizure under the Fourth Amendment
23-7321 Bentley Streett v. United States Tenth Circuit 2024-04-26 Denied IFP exclusionary-rule fourth-amendment good-faith-exception inevitable-discovery probable-cause search-and-seizure search-warrant warrant-defect warrant-requirement Whether the good-faith exception applies to save evidence obtained through an unconstitutional warrant because, hypothetically, if the magistrate had …
23-7323 Damon Todd Carey v. United States Third Circuit 2024-04-26 Denied Response WaivedIFP exclusionary-rule expert-testimony fourth-amendment good-faith good-faith-doctrine independent-source inevitable-discovery probable-cause warrant-requirement Whether the 'inevitable discovery' doctrine requires the alternative theory to be active during the illegal search, and whether illegally obtained evi…
23-1158 Ryan Morrison v. Alvaro Ramos, Individually and in His Official Capacity, et al. Ninth Circuit 2024-04-24 Denied 42-usc-1983 civil-rights fourth-amendment home-privacy privacy-rights qualified-immunity search-and-seizure section-1983 unreasonable-search Whether a federal court can find that officers were entitled to qualified immunity for a civil rights claim under 42 U.S.C. § 1983 due to no clearly e…
23-7289 Robert A. Horse v. South Dakota South Dakota 2024-04-23 Denied Response WaivedIFP 4th-amendment cell-phone-data civil-rights due-process fourth-amendment search-and-seizure third-party third-party-doctrine warrantless-search Whether the warrantless search and seizure of a third party's (Google's) cell phone location data violated the Petitioner's Fourth Amendment rights
23-7295 Glen Taylor Helzer v. California California 2024-04-23 Denied IFP criminal-procedure evidence exigent-circumstances fourth-amendment plain-view-doctrine probable-cause search-and-seizure warrant-requirement warrant-scope Does the plain view doctrine apply where police enter and seize a home under a warrant to search for evidence of specified crimes, and forego getting …
23-7275 Charles Gary Singletary, III v. Terrie Wallace, Warden Fourth Circuit 2024-04-19 Denied IFP cell-phone-data constitutional-provisions due-process fourth-amendment jurisdiction legal-procedure privacy search-and-seizure standing supreme-court writ Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment
23-1114 Charles R. Hays v. United States Seventh Circuit 2024-04-15 Denied Response Waived automobile-exception contraband criminal-procedure fourth-amendment law-enforcement passenger probable-cause search search-and-seizure Whether law enforcement has probable cause under the Fourth Amendment's automobile exception to search a driver's vehicle based on a passenger's perso…
23-1116 Daniel Creger v. Andrew Tucker, et al. Sixth Circuit 2024-04-15 Denied Response Waived 4th-amendment civil-rights fourth-amendment malicious-prosecution material-misrepresentation probable-cause section-1983 warrant-affidavit Whether state law citations showing lack of evidence for criminal charges is sufficient to establish lack of probable cause for a 42 U.S.C. § 1983 mal…
23-7224 Quentin Freeman v. Daniel Deas Fourth Circuit 2024-04-15 Denied Response WaivedIFP 8th-amendment civil-rights due-process excessive-force fourth-amendment inmate-rights prison-conditions prisoner-rights summary-judgment whitley-standard Whether the decision below should be summarily reversed because the Fourth Circuit misapplied the Whitley factors by viewing the evidence in the light…
23-7234 Orlando Bell v. United States District Court for the District of Columbia District of Columbia 2024-04-15 Denied Response WaivedIFP 4th-amendment 5th-amendment due-process fifth-amendment fourth-amendment impartiality-standard judicial-bias judicial-recusal recusal witness witness-conflict Whether a reasonable and informed observer would question the judge's impartiality when the judge allowed an AUSA who became a witness in the proceedi…
23-7215 David Hueston v. United States Seventh Circuit 2024-04-12 Denied Response WaivedIFP attorney-client-privilege evidentiary-weight fourth-amendment franks-hearing franks-v-delaware officer-affiant probable-cause prosecutorial-consultation prosecutorial-discretion search-and-seizure search-warrant Whether a reviewing court may place substantial evidentiary weight on an officer-affiant's consultation with a prosecuting attorney before seeking and…
23-1107 Joan Ghougoian, et al. v. Lamarr Monson Sixth Circuit 2024-04-11 Denied 4th-amendment civil-rights constitutional-standard devenpeck fourth-amendment malicious-prosecution manuel pre-trial-detention probable-cause section-1983 Whether the Fourth Amendment's objective standard applies to all claims arising thereunder, such that there is no violation so long as probable cause …
23-7168 Robert J. Plato, Jr. v. Indiana Indiana 2024-04-10 Denied Response WaivedIFP 4th-amendment airport-screening civil-liberties civil-rights constitutional-rights due-process fourth-amendment privacy search-and-seizure standing tsa-procedures unreasonable-search Whether the Fourth Amendment prohibits the warrantless seizure of a person's cell phone data from a third-party service provider
23-1082 Atticus Sliter-Matias v. United States Third Circuit 2024-04-04 Denied Response Waived compulsory-process due-process entrapment evidence-tampering fourth-amendment probable-cause search-and-seizure witness-disclosure Whether the admission in evidence of 161 eBay & e to PayPal accounts seized and modified by them with + . so, information obtained from Postal Inspect…
23-7131 Joel Michael Guy, Jr. v. Tennessee Tennessee 2024-04-03 Denied Response WaivedIFP 4th-amendment civil-rights criminal-acts exigent-circumstances fourth-amendment minnesota-v-olson overnight-guest reasonable-expectation-of-privacy Does an overnight guest lose his or her reasonable expectation of privacy by engaging in criminal acts within the house?
23-7117 Robert Swint v. Supreme Court of the United States, et al. Third Circuit 2024-04-02 Denied Response WaivedIFP cell-phone-data constitutional-law due-process fourth-amendment privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
23-7121 Basilio Hernandez v. United States Second Circuit 2024-04-02 Denied Response WaivedIFP docket-procedure docket-sheet exclusionary-rule fourth-amendment good-faith-exception probable-cause search-and-seizure warrant warrant-requirement Did the court err in finding that the good-faith-exception to the exclusionary-rule applied?
23-7102 Jeremy Lee Koons v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2024-03-28 Denied Response WaivedIFP exclusionary-rule fourth-amendment gps-tracking law-enforcement probable-cause search-and-seizure vehicle-search warrantless-search Whether the warrantless placement of a GPS tracking device on a vehicle and the subsequent warrantless search of that vehicle violates the Fourth Amen…
23-7087 Natasha Bates, aka Tasha Bates v. Tennessee Tennessee 2024-03-27 Denied IFP 4th-amendment 6th-amendment criminal-procedure evidence fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment Did the trial court commit reversible error by failing to grant Petitioner's post conviction relief due to introduction of evidence from a warrantless…
23A863 Janice Hughes Barnes, Individually and as Representative of the Estate of Ashtian Barnes, Deceased v. Roberto Felix, et al. Fifth Circuit 2024-03-26 Presumed Complete deadly-force fourth-amendment graham-standard reasonableness-test traffic-stop use-of-force Whether the Fifth Circuit's narrow standard for evaluating the reasonableness of an officer's use of deadly force under the Fourth Amendment impermiss…
23-7065 Michael Adam Carmody v. United States Eleventh Circuit 2024-03-25 Denied Response WaivedIFP cell-site-location fourth-amendment home-surveillance ip-address ip-address-records privacy privacy-interest property property-rights search warrantless-search Whether the warrantless seizure of a person's historical IP address records, which includes their conduct within their homes, violates an individual's…
23-7069 Jesse R. Redmond, Jr. v. District of Columbia District of Columbia 2024-03-25 Denied IFP 4th-amendment constitutional-rights court-of-appeals criminal-procedure due-process fourth-amendment jurisdiction precedent rule-4 rule-4a Whether the District of Columbia Court of Appeals fails to apply the law in the precedent set by the United States Supreme Court pursuant to Criminal …
23-6990 Kristopher Dean Putnam v. United States Fifth Circuit 2024-03-15 Denied Response WaivedIFP cell-phone cell-phone-search exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant Does the Fourth Amendment permit the issuance of a search warrant for a cell phone absent case-specific facts connecting the alleged crime and the pho…
23-6957 Marcus Kelly v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-03-11 Denied Response WaivedIFP 4th-amendment cannabis-odor exigent-circumstances fourth-amendment probable-cause scope-of-search search-and-seizure search-scope vehicle-search warrantless-search Does dismantling the vehicle interior exceed the scope of a warrantless search based on the odor of burnt cannabis?
23A831 Bentley Streett v. United States Tenth Circuit 2024-03-11 Presumed Complete circuit-split exclusionary-rule fourth-amendment inevitable-discovery search-warrant warrant-requirement Whether the inevitable discovery doctrine under the Fourth Amendment permits suppression of evidence to be excused based on a hypothetical warrant tha…
23-6916 Rufaro Christopher Smith v. Jacob Beasley, Warden Eleventh Circuit 2024-03-07 Denied Response WaivedIFP border-search civil-procedure civil-rights due-process electronic-privacy fourth-amendment georgia-constitution probable-cause search-and-seizure standing takings warrant-exception Whether the Eleventh Circuit Court of Appeals erred in concluding that Petitioner's claims were constitutionally barred by the Eleventh Amendment
23-6920 Nicholas Morrow v. Metropolitan Government of Nashville and Davidson County, Tennessee, et al. Sixth Circuit 2024-03-07 Denied Response WaivedIFP 4th-amendment civil-rights due-process exigent-circumstances fourth-amendment home-intrusion mental-health mental-health-arrest trespassing trespassing-claim warrantless-entry Could the need for a mental health arrest, without more, justify intruding upon the Petitioner's home without a warrant?
23-6897 Pedro Armando Nava v. United States Eighth Circuit 2024-03-06 Denied Response WaivedIFP fourth-amendment fourth-amendment-search-and-seizure industrial-hemp marijuana-odor medical-marijuana odor-of-marijuana probable-cause vehicle-search warrantless-search Whether the Fourth Amendment permits a warrantless search based on marijuana odor in a state with legal medical marijuana and hemp
23-6909 Arnold D. Holland v. United States Eleventh Circuit 2024-03-06 Denied Response WaivedIFP criminal-procedure fourth-amendment probable-cause reasonable-suspicion search search-and-seizure supervised-release totality-of-circumstances Whether the Fourth Amendment applies to the act of searching or the initial decision to search, based on an objective standard considering the totalit…
23-976 Jeremy Henning v. Donald V. Snowden Seventh Circuit 2024-03-06 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) bivens-remedy civil-rights civil-rights-action due-process excessive-force federal-law-enforcement fourth-amendment implied-damages judicial-immunity warrant-execution warrants Whether the court of appeals erred in allowing a Bivens remedy in this case, where the claim arises from an arrest made outside the home, in a place o…
23A810 Arthur Lopez v. Court of Appeal of California, Second Appellate District, et al. California 2024-03-04 Presumed Complete border-search electronic-devices fourth-amendment privacy-rights probable-cause warrantless-search Whether the Fourth Amendment permits warrantless searches of electronic devices at the border without individualized suspicion of criminal activity
23-950 Michael J. Lindell, et al. v. United States, et al. Eighth Circuit 2024-02-29 Denied Response Waived 4th-amendment cell-phone-seizure civil-rights electronic-data fourth-amendment free-speech legal-precedent preliminary-injunction retaliation seizure warrant-particularity Whether a preliminary injunction may be granted if it requests the ultimate relief sought in the litigation
23A802 Raj G. Shekar v. Illinois Illinois 2024-02-29 Presumed Complete conflict-of-interest constitutional-rights discretionary-review fourth-amendment judicial-bias prosecutorial-misconduct Whether the Fourth Amendment bars state court proceedings tainted by alleged judicial bias and prosecutorial misconduct when a judge and prosecutor ha…
23-6838 Danny Lee Warner, Jr. v. Montana Montana 2024-02-29 Denied Response WaivedIFP attorney-client-privilege due-process fourteenth-amendment fourth-amendment presumption-of-prejudice prosecutorial-misconduct sixth-amendment warrantless-search Are unsworn assertions sufficient to overcome clear and convincing evidence of illegal search and seizure?
23-931 J. W., et al. v. Elvin Paley Fifth Circuit 2024-02-27 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) 14th-amendment 4th-amendment civil-rights due-process excessive-force fourteenth-amendment fourth-amendment school-official school-seizure seizure student-rights Whether a claim that a school official has used excessive force against a student that meets the definition of a Fourth Amendment seizure should be ev…
23-907 Pablo Pastrana v. New York New York 2024-02-22 Denied Response Waived brown-vs-texas constitutional-law fourth-amendment law-enforcement police-roadblocks probable-cause reasonable-suspicion roadblock search-and-seizure Whether a vehicular roadblock satisfies the standard for a reasonable search and seizure under the Fourth Amendment
23-893 Jonathan Walker v. Arkansas Arkansas 2024-02-21 Denied 4th-amendment algorithm digital-privacy fourth-amendment law-enforcement law-enforcement-search private-company probable-cause search-and-seizure technology-search warrant-requirement Does the Fourth Amendment require a warrant to open a digital file flagged by a private company's algorithm as potentially illegal?
23-6796 Yanier N. Tellez, aka Yanier Tellez-Crespo v. United States Sixth Circuit 2024-02-21 Denied Response WaivedIFP 4th-amendment consent consent-search fourth-amendment probable-cause search-and-seizure seizure-of-evidence traffic-stop wallet-search warrantless-search Was the District Court's denial of Petitioner's Motion to Suppress a result of clear error in determining the facts relative to consent for search ver…
23-885 Mark Wayne Gaddy v. Oklahoma Oklahoma 2024-02-16 Denied anonymous-phone-call anonymous-tip community-caretaking fourth-amendment reasonable-suspicion search-and-seizure traffic-stop Whether the decision of the Oklahoma Court of Criminal Appeals is an unwarranted extension of the community caretaking function of Cady, and also in d…
23-872 Josh Patrick v. LaRhonda Dunlap Perez Sixth Circuit 2024-02-14 Denied Response Waived 4th-amendment circuit-split civil-rights excessive-force fourth-amendment law-enforcement qualified-immunity taser taser-use Is there variance among federal judicial circuits regarding how they apply Fourth Amendment law in excessive force cases involving taser use?
23-869 Tyler Land v. Donald L. Edenfield, in His Official Capacity as Sheriff of Jackson County, Florida, et al. Eleventh Circuit 2024-02-13 Denied 4th-amendment affidavit criminal-arrest fourth-amendment intentional-misstatements law-enforcement probable-cause reckless-misstatements search-and-seizure warrant When is evidence of mere presence in a car with an alleged drug dealer sufficient for probable cause to arrest the driver?
23-860 Brandon Holtan, et al. v. Mark Edward Nieters Eighth Circuit 2024-02-09 Denied civil-rights due-process fourth-amendment free-speech law-enforcement probable-cause qualified-immunity unlawful-assembly warrantless-arrest Whether probable cause existed to arrest for unlawful assembly
23-6715 Re'Shaun Lamonte Wilborne v. United States Fourth Circuit 2024-02-09 Denied Response WaivedIFP criminal-procedure evidence exclusionary-rule fourth-amendment inevitable-discovery inventory-search probable-cause search-and-seizure Whether the inventory search doctrine can be invoked on slight evidence when no written inventory search policy was produced and the police officer's …
23-6705 Lamar Lovett v. Texas Texas 2024-02-08 Denied IFP cell-phone-data civil-rights due-process fourth-amendment privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
23-6688 Christian Alejandro Estrella v. United States Ninth Circuit 2024-02-07 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment law-enforcement parole parole-search police-authority probable-cause search-and-seizure suspicionless-search suspicionless-seizure Does probable cause to believe that a person is on parole suffice for a suspicionless seizure and search or is knowledge of parole status required?
23-826 Antony Junior Harris, aka Anthony Harris v. United States Eleventh Circuit 2024-01-31 Denied Response Waived alias-name alias-shipping contraband-detection fourth-amendment law-enforcement-procedure private-shipping-facility reasonable-expectation-of-privacy search-and-seizure standing Does an individual possess a reasonable expectation of privacy in a package shipped under an alias name, such that the individual has standing to asse…
23-6609 Kevin McCall v. United States Eleventh Circuit 2024-01-30 Denied Response WaivedIFP 4th-amendment cloud-search electronic-media exclusionary-rule fourth-amendment good-faith-exception particularity probable-cause search-warrant Whether the good faith exception to the exclusionary rule can save a cloud search warrant unsupported by probable cause and devoid of particularity
23-6601 Quentin John Fishburne v. United States Fourth Circuit 2024-01-29 Denied Response WaivedIFP 4th-amendment criminal-conviction due-process exclusionary-rule firearm-possession fourth-amendment motion-to-suppress probable-cause search-and-seizure traffic-checkpoint traffic-stop Whether the Fourth Circuit Court of Appeals erred in failing to reverse the trial court's order denying the Petitioner's Motion to Suppress the discov…
23-6583 Muhammad Khan v. SAP Labs, LLC Ninth Circuit 2024-01-26 Denied IFP 9th-circuit appellate-jurisdiction civil-procedure exigent-circumstances fourth-amendment judicial-review notice-of-appeal personal-property special-needs time-limitation unreasonable-searches-and-seizures warrantless-seizure Whether the government's warrantless seizure and indefinite retention of a person's personal property, without any showing of exigent circumstances or…
23-6580 Charles Ramon, III, aka Charles Roger Ramon v. United States Tenth Circuit 2024-01-25 Denied Response WaivedIFP evidence fourth-amendment privacy-expectation probation probation-conditions reasonable-suspicion search-and-seizure supervised-release warrantless-search Whether the Fourth Amendment required U.S. Probation to conform its conduct to the text of the release condition imposed on Petitioner
23-802 William Bembury v. Kentucky Kentucky 2024-01-25 Denied Amici (2) backpack criminal-procedure evidence-seizure fourth-amendment luggage probable-cause purse search-incident-to-arrest warrant-requirement Does the exception to the Fourth Amendment's warrant requirement for searches incident to arrest permit a warrantless search of a backpack, purse, lug…
23-793 Isidro Javier Armenta v. California California 2024-01-24 Denied 14th-amendment 5th-amendment 6th-amendment automated-enforcement automated-traffic-enforcement confrontation-clause due-process equal-protection fourth-amendment sixth-amendment Whether the Sixth Amendment Confrontation Clause holding in Melendez-Diaz v. Massachusetts extends to automated traffic enforcement system schemes
23A679 Jeremy Henning v. Donald V. Snowden Seventh Circuit 2024-01-23 Presumed Complete bivens-remedy damages-action excessive-force fourth-amendment law-enforcement new-context Whether a Fourth Amendment excessive-force claim against a federal law enforcement officer in a public setting constitutes a 'new Bivens context' that…
23-6550 Xavier Howell v. United States Fourth Circuit 2024-01-23 Denied Response WaivedIFP drug-trafficking fourth-amendment fourth-amendment-protections probable-cause terry-stop terry-v-ohio vehicle-search vehicle-stop warrantless-search warrantless-stop Whether a Warrantless Stop of a Vehicle, Based Solely on Proximity to a Motel Known for Drug Trafficking, in the Absence of any Actual Violation of th…
23-6523 Mark David Galloway v. United States Ninth Circuit 2024-01-22 Denied Response WaivedIFP circuit-split fourth-amendment law-enforcement probable-cause reasonable-suspicion seizure terry-stop Whether the Ninth Circuit has unjustifiably expanded the Terry exception to the probable cause requirement by creating a new category of exempt seizur…
23A669 Kenneth Allen Washington v. Deputy Rayl, et al. Seventh Circuit 2024-01-22 Presumed Complete constitutional-rights due-process fourth-amendment law-enforcement misconduct video-evidence Whether a law enforcement officer's alleged manipulation of video evidence to misrepresent an incident constitutes a violation of a criminal defendant…
23A676 Kevin McCall v. United States Eleventh Circuit 2024-01-22 Presumed Complete cloud-storage digital-privacy fourth-amendment good-faith-exception search-and-seizure warrant-requirement Whether the Fourth Amendment permits warrantless searches of an entire digital cloud storage account based on a good faith exception to the warrant re…
23-6511 Thomas Albert Sosnowski v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-01-18 Denied Response WaivedIFP child-protective-services constitutional-rights due-process exhaustion-requirement exigent-circumstances federal-court fourth-amendment habeas-corpus social-worker state-court warrantless-search Whether a wrongfully convicted Section 2254 petitioner's U.S. constitutional rights violation claims that were not previously exhausted in the state c…
23A655 Kristopher Dean Putnam v. United States Fifth Circuit 2024-01-17 Presumed Complete cell-phone-search exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant Whether the Fourth Amendment requires suppression of evidence obtained through a search warrant that lacks probable cause and particularity, despite t…
23-759 Gary Eugene Maddox, Jr. v. Maryland Parole Commission, et al. Fourth Circuit 2024-01-12 Denied Response WaivedRelisted (2) affidavit civil-rights constitutional-rights due-process fourth-amendment parole perjury privacy privacy-violation tracking-without-permission Did chairman David R Blumberg unlawfully and knowingly commit perjury?
23-6455 Darrel R. Fisher v. United States District Court for the Western District of Missouri Eighth Circuit 2024-01-11 Denied Response WaivedIFP 42-usc-1981 42-usc-1982 4th-amendment civil-rights conspiracy constitutional-protections due-process fourth-amendment law-enforcement property-rights trespass warrantless-search Whether the police officer's warrantless trespassing on the petitioner's private property was justified, and whether the petitioner's subsequent reque…
23-6448 Stephen Dudley Brunson v. United States Fifth Circuit 2024-01-10 Denied Response WaivedIFP 4th-amendment arrest drug-interdiction fourth-amendment inevitable-discovery law-enforcement pretext probable-cause search-and-seizure traffic-stop Whether officers may cure an unlawfully prolonged traffic stop by arresting the motorist for the traffic violation or claiming inevitable discovery ba…
23-6430 Nicholas Dwayne Jones v. United States Eighth Circuit 2024-01-08 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ex-parte fifth-amendment fourth-amendment search-warrant truthfulness Does a defendant in a criminal proceeding still retain the right under the Fourth and Fourteenth Amendment to challenge the truthfulness of statements…
23-6434 Pascal Gedeon v. United States District Court for the Eastern District of Pennsylvania Third Circuit 2024-01-08 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process equal-protection fourth-amendment judicial-discretion mandamus pretrial-motions speedy-trial-act vagueness Whether delays resulting from pretrial motions can be excluded under the Speedy Trial Act
23-6404 Jamar Hunter v. United States Third Circuit 2024-01-03 Denied Response WaivedIFP appellate-review circuit-court-review constitutional-law constitutional-violation criminal-procedure exclusionary-rule fourth-amendment search-and-seizure suppression-of-evidence Was the Third Circuit's reversal of Petitioner's suppression of physical evidence in violation of the Fourth Amendment of the United States Constituti…
23A612 Thurmond Allen v. Pennsylvania Pennsylvania 2024-01-03 Presumed Complete firearm-possession fourth-amendment hearsay-evidence probable-cause search-warrant warrantless-search Whether the Fourth Amendment permits the warrantless search of an apartment based on a neighbor's hearsay statement about an overheard gun reference
23A608 J. W., et al. v. Elvin Paley, et al. Fifth Circuit 2024-01-02 Presumed Complete circuit-split constitutional-standard excessive-force fourth-amendment graham-v-connor school-officials Whether the Fourth Amendment governs excessive force claims by students against school officials, resolving a circuit split on the appropriate constit…
23-6355 Allan Leslie Sinanan, Jr. v. Pennsylvania Pennsylvania 2023-12-27 Denied IFP article-1-section-8 criminal-procedure drug-buys dunaway-v-new-york fourth-amendment probable-cause strickland-standard terry-stop terry-v-ohio warrantless-arrest Whether the Pennsylvania judiciary's application of the Strickland/Pierce standard was unreasonable
23-6356 Mohammad Sharifi v. Alabama Alabama 2023-12-27 Denied Relisted (2)IFP actual-innocent armed-evidence constitutional-search criminal-procedure direct-evidence due-process evidence-admissibility forensic-evidence fourth-amendment police-misconduct reasonable-doubt trial-judge Question not identified
23-6353 Robert John Virnig v. Minnesota Minnesota 2023-12-26 Denied IFP 4th-amendment agency exclusionary-rule fourth-amendment government-informant home-office probable-cause search-and-seizure warrant-requirement warrantless-search Did the District Court err in ruling that the government informant was not acting as an agent of the government when, without a warrant or an exceptio…
23-6319 Lacarl Dow v. United States Ninth Circuit 2023-12-21 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights due-process evidence-suppression fourth-amendment franks-hearing probable-cause suppression-of-evidence warrant-application Did the affiant officer intentionally or recklessly make false or misleading statements or omissions in support of the warrant
23-6264 Ignacio Salcido, Jr. v. United States Tenth Circuit 2023-12-14 Denied Response WaivedIFP cell-phones data-collection digital-privacy fourth-amendment privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment
23-644 City of Charlotte, North Carolina, et al. v. Azucena Zamorano Aleman, Individually and as Administrator of the Estate of Rubin Galindo Chavez Fourth Circuit 2023-12-14 Denied Amici (1) 42-usc-1983 civil-rights constitutional-rights deadly-force fourth-amendment law-enforcement precedent qualified-immunity use-of-force Whether the Fourth Circuit erred in the process it used to find a 'clearly established' Fourth Amendment right
23-6213 Robert Poliero, aka Charlie v. United States First Circuit 2023-12-11 Denied Response WaivedIFP cell-phone-data civil-rights due-process fourth-amendment privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
23-6210 Andrew Pierson v. United States Eighth Circuit 2023-12-08 Denied Response WaivedIFP circuit-split exclusionary-rule foreign-searches fourth-amendment joint-venture judicial-conscience national-importance shocks-the-judicial-conscience Whether exceptions exist for the Fourth Amendment exclusionary rule for foreign searches and seizures
23-613 Luis Soto Soto, et al. v. Yashira Quiles Carrasquillo Puerto Rico 2023-12-07 Denied civil-rights constitutional-law criminal-procedure due-process fourth-amendment search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
23-6193 Steven Vincent Smith v. United States Eleventh Circuit 2023-12-07 Denied Response WaivedRelisted (2)IFP brady-material criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception search-and-seizure suppression-of-evidence void-ab-initio warrant-validity warrantless-search Does the determination that a warrant is void ab initio, rendering the resultant search of the Petitioner's residence warrantless (and thus unreasonab…
23-6158 Derrick Hunt v. United States Eleventh Circuit 2023-12-06 Denied Response WaivedIFP 4th-amendment child-pornography criminal-procedure evidence fourth-amendment motion-to-suppress probable-cause search-and-seizure search-warrant Did the District Court abuse its discretion in denying Defendant's motion to suppress the search of his computer?
23-597 Robin Mayfield, et al. v. Butler Snow, L.L.P., et al. Fifth Circuit 2023-12-05 Denied Response Waived civil-rights comparator-evidence first-amendment fourth-amendment probable-cause retaliatory-arrest warrant-based-arrest Whether the Nieves probable cause exception requires identifying comparator arrests
23-6159 Eddie James King v. Doctor Aikens, et al. Eleventh Circuit 2023-12-04 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process exclusionary-rule fourth-amendment medical-care search-and-seizure standing Whether the plaintiff's deliberate indifference claim is valid
23-6132 Chamone Ranell Russell v. Stark County Job and Family Services, et al. Sixth Circuit 2023-11-29 Denied IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its application of the Fourth Amendment's prohibition on unreasonable searches and seizures
23-541 Michael Donnellon, Deputy, et al. v. John Jordan Tenth Circuit 2023-11-20 Denied Response RequestedRelisted (2) arrest civil-rights excessive-force first-amendment fourth-amendment free-speech law-enforcement probable-cause qualified-immunity Whether the Tenth Circuit's use of Hill's First Amendment analysis negated the objective Fourth Amendment standard of Maryland v. Pringle
23-6066 Kirk Lamar Williams v. Washington Washington 2023-11-20 Denied IFP civil-rights constitutional-rights criminal-procedure discovery-violations due-process evidence-suppression fourth-amendment ineffective-assistance-of-counsel probable-cause prosecutorial-misconduct search-and-seizure speedy-trial Whether the State of Washington violated the petitioner's constitutional rights, including due process and effective assistance of counsel
23-530 Terrence R. Yoast v. Pottstown Borough, Pennsylvania, et al. Third Circuit 2023-11-17 Denied excessive-bail false-arrest false-imprisonment fourth-amendment heck-doctrine malicious-prosecution probable-cause qualified-immunity section-1983 warrantless-arrest warrantless-entry Fourth-Amendment-in-presence-requirement
23-6045 Perry Wayne Suggs, Jr. v. United States Tenth Circuit 2023-11-17 Denied Response WaivedIFP exclusionary-rule fourth-amendment general-warrant good-faith-exception home-search particularity-requirement search-and-seizure warrant-particularity When a warrant plainly violates the Fourth Amendment's particularity requirement by authorizing an unbridled, general search of a home, does the good-…
23A446 Jonathan Walker v. Arkansas Arkansas 2023-11-17 Presumed Complete digital-privacy fourth-amendment hash-value-match private-search-doctrine search-and-seizure warrant-requirement Whether law enforcement's warrantless viewing of an unopened digital file reported by a private platform through an automated hash value match constit…
23-520 Titus Thompson v. United States Second Circuit 2023-11-16 Denied Response Waived fourth-amendment illinois-v-gates informant-reliability oath probable-cause totality-of-circumstances warrant warrant-issuance Whether the 'totality of the circumstances' standard for evaluating informant reliability has been undermined
23-6032 James William Thomas, III v. United States Fourth Circuit 2023-11-16 Denied Response WaivedIFP 4th-amendment common-law-presumption-of-ownership fourth-amendment property-seizure reasonable-expectation-of-privacy reasonable-expectation-privacy search-and-seizure search-warrant standing trespassory-test Whether a defendant has standing to challenge the search of property seized from his residence
23-6034 Alfredo Sanchez Barboza v. Pennsylvania Pennsylvania 2023-11-16 Denied Response WaivedIFP 4th-amendment contraband exclusionary-rule fourth-amendment inevitable-discovery inventory-search probable-cause standardized-protocol subjective-motivation Whether the inevitable discovery doctrine validates the prior illegal seizure of a controlled substance and drug paraphernalia when the police officer…
23-6006 Delando Johnson v. United States Sixth Circuit 2023-11-14 Denied Response WaivedIFP drug-investigation fourth-amendment good-faith-exception leon-exception nexus nexus-requirement probable-cause residential-search search-warrant Whether an application for a warrant to search a home for drugs must contain objective evidence of a nexus between the evidence sought and the residen…
23-499 Jesus Leonardo Esquivel-Carrizales v. United States Fifth Circuit 2023-11-13 Denied Response Waived 4th-amendment companion-suspicion criminal-activity drug-crime fourth-amendment investigative-stop law-enforcement probable-cause reasonable-suspicion traffic-stop Whether an investigative stop under the Fourth Amendment is reasonable based solely on an individual's interaction with a suspected criminal companion
23-5993 Jose Miguel Montemayor v. United States Fifth Circuit 2023-11-13 Denied Response WaivedIFP appellate-review chapman-v-california constitutional-error defendant's-guilt fourth-amendment harmless-error independent-evidence judicial-standard prejudicial-effect suppression-error Whether an appeals court can conclude that a Fourth Amendment error is harmless beyond a reasonable doubt without juxtaposing the error's prejudicial …
23-5982 Garnet Small v. United States Third Circuit 2023-11-09 Denied Response WaivedIFP equal-protection fourth-amendment law-enforcement pretextual-stop probable-cause racial-profiling reasonable-suspicion traffic-stop traffic-stops whren-v-united-states Whether this Court's decision in Whren v. United States, 517 U.S. 806 (1996), should be overruled
23-5985 Russell Wayne Bullock v. Pete Bludworth, Warden, et al. Ninth Circuit 2023-11-09 Denied IFP cell-phone-data digital-privacy fourth-amendment fourth-amendment-jurisprudence privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
23-5988 Robert Benjamin Stout v. Sergeant Johnson, et al. Fourth Circuit 2023-11-09 Denied IFP civil-rights driver's-license due-process fourth-amendment license-checkpoint obstruction-of-justice probable-cause reasonable-suspicion roadway-safety Are police permitted to conduct driver's license checkpoints without reasonable suspicion?
23-5953 Michael Muthee Munywe v. Julie Dier, et al. Ninth Circuit 2023-11-06 Denied IFP 42-usc-1983 civil-liberties civil-rights constitutional-rights due-process equal-protection fourth-amendment law-enforcement police-misconduct probable-cause qualified-immunity search-and-seizure Whether the district court's decision was erroneous
23-5955 Kyle Maurice Parks v. United States Eighth Circuit 2023-11-06 Denied Response WaivedIFP 4th-amendment constitutional-rights criminal-procedure due-process evidence fourth-amendment government-attorney government-misconduct illegal-evidence search-and-seizure warrantless-search Can an attorney for the government go outside the jurisdictional process and ask a friend to search an office without a warrant and not violate the IV…
23-5952 Semaj Lemar Williams v. United States Sixth Circuit 2023-11-03 Denied Response WaivedRelisted (2)IFP 4th-amendment detention evidence-suppression exclusionary-rule fourth-amendment probable-cause reasonable-suspicion search-and-seizure traffic-stop Did the district court improperly deny suppression and did the appellate court improperly affirm the district court?
23-5921 Vahe Sarkiss v. United States Ninth Circuit 2023-10-31 Denied Response WaivedRelisted (2)IFP 4th-amendment child-pornography civil-rights due-process fourth-amendment interstate-commerce reasonable-suspicion search-and-seizure supervised-release Whether Petitioner's Fourth Amendment rights were violated due to lack of reasonable suspicion for search
23-5922 Maxwell Chibueze Ezenwa v. United States Fifth Circuit 2023-10-31 Denied Response WaivedRelisted (2)IFP constitutional-rights double-jeopardy due-process eighth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct statute-of-limitations warrantless-arrest Whether the warrantless arrest, statute of limitation, double jeopardy, Eighth Amendment violation, and Fourteenth Amendment violation were properly a…
23-442 Anthony Prescott v. K. Johnson, et al. Fifth Circuit 2023-10-27 Denied 42-usc-1983 4th-amendment conspiracy cruel-and-unusual-punishment food-contamination food-service fourth-amendment intentional-tort official-capacity-claim prisoner-rights public-entity use-of-force Does involuntary exposure to non-medical substances constitute unreasonable force?
23-446 Junjie Li v. Rhode Island Rhode Island 2023-10-27 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights decriminalization drug-enforcement fourth-amendment marijuana-odor probable-cause reasonable-suspicion search-and-seizure traffic-stop Whether the slight odor of marijuana creates reasonable suspicion to prolong a traffic stop
23-5903 Nathan Russell Cates v. United States Tenth Circuit 2023-10-27 Denied IFP criminal-procedure dog-sniff drug-dog-alert fourth-amendment harris-v-florida motion-to-suppress probable-cause rule-16 vehicle-search When the government attempts to establish probable cause to search a vehicle during a traffic stop by relying on a certified drug dog's alert, does Ha…
23-440 S. B., on Behalf of Her Minor Daughter, S. B. v. Jefferson Parish School Board, et al. Fifth Circuit 2023-10-26 Denied Amici (1) 14th-amendment 4th-amendment civil-rights constitutional-scrutiny corporal-punishment due-process excessive-force fourteenth-amendment fourth-amendment section-1983 Is unconstitutionally excessive corporal punishment by a public-school employee cognizable under § 1983?
23-5862 Benancio Castaneda v. United States Fifth Circuit 2023-10-24 Denied Response WaivedIFP acceptance-of-responsibility canine-sniff drug-investigation fourth-amendment probable-cause reasonable-suspicion search-and-seizure traffic-stop vehicle-search Whether the Fifth Circuit erred in its rulings on the continued detention and canine search
23A368 Adrian Martinez v. Sean Jenneiahn, et al. Tenth Circuit 2023-10-24 Presumed Complete constitutional-rights excessive-force fourth-amendment law-enforcement police-canine qualified-immunity Whether the use of a police canine to bite a motionless, unarmed suspect in a closed storage closet constitutes excessive force in violation of the Fo…
23-5840 Alvaro Castillo, Jr. v. United States Fifth Circuit 2023-10-19 Denied Response WaivedIFP border-search cell-phone-search cell-phones constitutional-rights customs-and-border-protection digital-privacy fourth-amendment search-and-seizure u.s-border warrantless-search Whether the Fourth Amendment permits warrantless search of cell phone at U.S. border
23-5797 In Re Deryl Dude Nelson 2023-10-18 Dismissed IFP arrest-warrant complaint complaint-validity fourth-amendment ineffective-assistance judicial-finding judicial-hearing probable-cause statutory-requirement Did the state appeals court err in finding the complaint met the statutory requirement absent a judicial finding of probable cause?
23-400 Travis Palmer Curran, et al. v. Janet Turner O'Kelley, et al. Eleventh Circuit 2023-10-17 Dismissed Response Waived civil-rights curtilage due-process exigent-circumstances fourth-amendment objective-reasonableness qualified-immunity seizure Whether the Fourth Amendment objective reasonableness standard for exigency, and the availability of qualified immunity itself, remain questions of la…
23-5809 Bryce Jackson v. Tony Golick, et al. Ninth Circuit 2023-10-17 Denied IFP 5th-amendment civil-procedure civil-rights constitutional-law criminal-procedure due-process exclusionary-rule fourth-amendment government-liability probable-cause search-and-seizure standing Can a person file a civil suit against the government for the violation of the 5th Amendment's due process clause?
23-5826 Mary Ann German v. South Carolina South Carolina 2023-10-17 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-law criminal-procedure davis-good-faith-exception exclusionary-rule fourth-amendment good-faith-exception judicial-precedent police-conduct retroactivity Whether the police get a grace period under the Davis good faith exception after a decision of this Court makes a state statute unconstitutional under…
23-396 Bowe Marvin v. David Holcomb, et al. Seventh Circuit 2023-10-16 Denied 4th-amendment civil-rights due-process excessive-force fourth-amendment in-home-arrest law-enforcement-conduct probable-cause warrantless-arrest Whether there is a felony-exception to requiring probable-cause for in-home-arrests without-a-warrant
23-5793 Phillip Serapio Baca v. United States Tenth Circuit 2023-10-16 Denied IFP 4th-amendment brendlin-precedent circuit-split civil-rights exclusionary-rule fourth-amendment passenger-rights search-and-seizure standing traffic-stop vehicle-detention Whether a passenger in a vehicle subject to a traffic stop may contest the legality of his detention
23-5795 Benjamin D. Morrow v. United States Ninth Circuit 2023-10-16 Denied Response WaivedIFP 28-usc-1746 civil-procedure declaration declaration-requirements fourth-amendment oath-clause oath-or-affirmation perjury perjury-standard statutory-interpretation u.s.c.-section-1746 Whether 28 U.S.C. § 1746 requires an affirmative statement that the declaration's contents are true under penalty of perjury
23-5784 Aaron Lee Porter v. United States Tenth Circuit 2023-10-13 Denied Response WaivedIFP abandonment-doctrine clear-error de-novo-review fourth-amendment question-of-fact question-of-law search-and-seizure standard-of-review Is a finding that an object has been abandoned within the meaning of the Fourth Amendment a question of law subject to de novo review, or a purely fac…
23-5775 Suvad Dardagan v. Charles Truitt, Warden Illinois 2023-10-12 Denied IFP affirmation charging-instrument executive-branch fourth-amendment judicial-determination oath probable-cause warrant warrant-requirement Whether in the absence of a judicial determination of probable cause the executive branch of the state government lacks a legal authority to seek a ch…
23-377 Chris Dutra, et al. v. Kim Jackson Ninth Circuit 2023-10-11 Denied circuit-court-precedent clearly-established-law excessive-force fourth-amendment ninth-circuit police-conduct qualified-immunity supreme-court-precedent Whether this Court's precedents are the only source of clearly established law for purposes of qualified immunity
23-5743 Xzavione Taylor v. United States Ninth Circuit 2023-10-10 Denied IFP criminal-investigation exit-order fourth-amendment pennsylvania-v-mimms police-detention reasonable-suspicion rodriguez-v-united-states traffic-stop vehicle-search Whether a police officer detours from the lawful mission of a traffic stop by ordering that the driver of a car exit the vehicle for the sole purpose …
23-5724 Taylor Scott Meece v. Wyoming Wyoming 2023-10-05 Denied Response WaivedIFP appellate-review constitutional-rights due-process fair-trial fourteenth-amendment fourth-amendment judicial-discretion prosecutorial-misconduct sixth-amendment supreme-court-procedure Did the Wyoming Supreme Court abuse its discretion in affirming the conviction and sentence?
23-5681 Justin Weible v. Kevin Provost, et al. Ninth Circuit 2023-10-02 Denied Relisted (2)IFP arbitrary-or-capricious civil-rights constitutional-rights due-process excessive-force fourth-amendment law-enforcement legal-malpractice license-revocation procedural-due-process unlawful-procedure Question not identified
23-336 Keith Allen Kiefer v. Isanti County, Minnesota Eighth Circuit 2023-09-29 Denied Response Waived 42-usc-1983 civil-rights due-process fourteenth-amendment fourth-amendment mens-rea postconviction-incarceration section-1983 unreasonable-seizure Whether the analytical home for § 1983 unreasonable seizure claims involving only postconviction incarceration for 'violating' an inapplicable law is …
23-5676 Terry Wayne King, II v. Texas Texas 2023-09-29 Denied Response WaivedIFP 4th-amendment criminal-procedure employer-property employment fourth-amendment incarceration privacy privacy-expectation search-and-seizure transportation trucking-industry Does a person have a legitimate expectation of privacy in a tractor trailer truck cab that serves as his home while he is on the road working for an e…
23-324 Gerald L. Ferreyra, et al. v. Nathaniel Hicks Fourth Circuit 2023-09-28 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) bivens circuit-split federal-officers fourth-amendment qualified-immunity search-and-seizure Whether a Bivens cause of action exists for Fourth Amendment claims against federal officers operating under a different legal mandate or not involvin…
23-327 John Canada v. United States Tenth Circuit 2023-09-28 Denied appellate-review clear-error fourth-amendment motion-to-suppress ornelas-standard ornelas-v-united-states probable-cause standard-of-review suppression-hearing Whether the review of the evidence in a suppression-hearing record 'in the light most favorable to the government' conflicts with Ornelas's standard o…
23A275 Timothy Ray Jones, Jr. v. South Carolina South Carolina 2023-09-28 Presumed Complete capital-case due-process eighth-amendment fourth-amendment illegal-roadblock insanity-verdict Whether the Eighth Amendment and Due Process Clause require a trial court in a capital case to instruct the jury on the effect of a not guilty by reas…
23-302 Bryce Watkins v. Brian Wunderlich, et al. Tenth Circuit 2023-09-26 Denied Response Waived co-occupant-rights consent consent-search domestic-violence express-refusal fourth-amendment home-entry shared-dwelling warrantless-search Whether the Fourth Amendment permits the police to enter a shared dwelling solely based on consent, when a physically present resident recently has ex…
23-272 Winterville Police Department, et al. v. Dijon Sharpe Fourth Circuit 2023-09-20 Denied Amici (1)Relisted (2) first-amendment fourth-amendment livestreaming reasonable-time-place-manner seizure traffic-stop Should the constitutionality of a law enforcement officer's restriction of livestreaming by an occupant of a seized vehicle during a lawfully initiate…
23-5582 Juan Manuel Reyes v. Washington County, Oregon, et al. Ninth Circuit 2023-09-14 Denied Response WaivedRelisted (2)IFP 4th-amendment accrual-of-discovery civil-rights constitutional-rights constructive-notice due-process fourth-amendment governmental-action section-1983 statute-of-limitations Does a Fourth Amendment or any other United States Constitutional Amendment violation have a federal expiration date or time limitation other than the…
23-5585 Scott David Creech v. Tim Shoop, Warden Sixth Circuit 2023-09-14 Denied Response WaivedIFP civil-procedure federal-rules-of-civil-procedure fourth-amendment franks-v-delaware habeas-corpus rule-60-motion statute-of-limitations stone-v-powell Can a 60(b)(6) motion be considered a 60(b)(3) claim if it does not assert relief from judgment due to fraud, misrepresentation, or misconduct by an o…
23-221 Andrew H. Zoellick v. Wisconsin Wisconsin 2023-09-08 Denied Response Waived 4th-amendment civil-rights due-process fourth-amendment jurisprudential-definition mitigating-factors probable-cause reasonable-suspicion totality-of-circumstances totality-of-the-circumstances Whether the absence of any jurisprudential definition of the term 'totality' has led to the degradation of the Fourth Amendment totality of the circum…
23-215 John F. Marchisotto v. Ocean County Prosecutor's Office New Jersey 2023-09-07 Denied 2nd-amendment 4th-amendment civil-rights constitutional-rights due-process fourth-amendment procedural-due-process red-flag-laws retaliation second-amendment Constitutionality-of-Red-Flag-Laws
23-206 Jerry Lynn Burns v. Iowa Iowa 2023-09-06 Denied Response Waived civil-rights criminal-procedure dna-collection fourth-amendment privacy-rights probable-cause search-and-seizure warrantless-search Does the State's warrantless search of a person's unavoidably shed DNA violate the Fourth Amendment where the individual has never been arrested or co…
23-5526 Adelfo Rodriguez-Mendez v. United States Third Circuit 2023-09-06 Denied Response WaivedIFP alleyne-standard constitutional-violation criminal-procedure drug-attribution evidence fifth-amendment fourteenth-amendment fourth-amendment post-conviction-sentencing sentencing sixth-amendment Whether attributing drugs post-conviction in an amount greater than what is charged in an indictment and greater than what the jury found is in violat…
23-199 George Anibowei v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. Fifth Circuit 2023-09-01 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) attorney-client-privilege border-search cellphone-privacy cellphone-search circuit-conflict fourth-amendment preliminary-injunction warrantless-search Whether the Fourth Amendment's protection against unreasonable searches and seizures entitles petitioner to a preliminary injunction against additiona…
23-5507 Carlos Green v. United States Fourth Circuit 2023-09-01 Denied Response WaivedIFP civil-procedure evidentiary-hearing fourth-amendment leasehold-transfer motion-to-suppress privacy-interest probable-cause real-estate search-and-seizure Whether the Trial Court Erred and Violated Petitioner's Fourth Amendment Rights
23-5490 Franklin Paul Eller, Jr. v. United States Ninth Circuit 2023-08-31 Denied Response WaivedIFP circuit-split exclusionary-rule fourth-amendment fourth-amendment-violation probable-cause search-warrant severance-doctrine warrant-overbreadth Is severance of any overbroad warrant a permissible exception to the exclusionary rule
23-5477 James Thomas Butler, II v. United States Eleventh Circuit 2023-08-30 Denied Response WaivedIFP consent consent-search digital-evidence due-process forensic-extraction fourth-amendment law-enforcement-procedure search-and-seizure smartphone smartphone-privacy Does consent to 'take a look' at a smartphone extend to a full forensic extraction?
23-5481 Festus Okwudili Ohan v. Armando B. Fontoura, Sheriff, Essex County, New Jersey, et al. Ninth Circuit 2023-08-30 Denied Relisted (2)IFP civil-rights digital-privacy due-process excessive-force false-arrest fourth-amendment law-enforcement malicious-prosecution probable-cause retaliation traffic-stop warrantless-search Which legal issues were raised in the SCOTUS petition?
23A193 Alvaro Castillo, Jr. v. United States Fifth Circuit 2023-08-30 Presumed Complete border-search-doctrine cell-phone-search electronic-devices fourth-amendment riley-v-california warrant-requirement Whether the Fourth Amendment warrant requirement applies to suspicionless searches of electronic devices, including cell phones, at the international …
23-188 Robert Dayon Dumas v. United States Eleventh Circuit 2023-08-29 Denied Response Waived credibility fifth-amendment fourth-amendment miranda-rights probable-cause search-and-seizure vehicle-search warrantless-search Did the district court err in finding no Fourth or Fifth Amendment violation based upon the court's credibility determination on Deputy Denbo?
23-5473 Arnez J. Salazar v. United States Seventh Circuit 2023-08-29 Denied Response WaivedIFP arizona-v-gant closed-container fourth-amendment law-enforcement probable-cause reaching-distance search-incident-to-arrest secured-arrestee vehicle-search warrantless-search Whether the Fourth Amendment permits a warrantless search incident to arrest when the arrestee is secured and not within reaching distance of a closed…
23-5475 Elmer Wayne Zahn v. United States Eighth Circuit 2023-08-29 Denied Response WaivedIFP color-of-authority exclusionary-rule fourth-amendment gross-negligence police-misconduct probable-cause reckless-disregard warrant-database warrant-system Does police misconduct in maintaining an inaccurate warrant database violate the Fourth Amendment?
23-5458 Kimeo Delmar Conley v. Jason Wells, Warden Seventh Circuit 2023-08-28 Denied Response WaivedIFP 4th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fourth-amendment jury-instructions sixth-amendment statutory-interpretation When Criminal statute has [8] elements on its face (wis stat) (144.051) to be Proved beyond a Reasonable doubt and the state only tries to prove [3] e…
23-5422 Herman Robinson v. Donita McIntosh, Superintendent, Clinton Correctional Facility Second Circuit 2023-08-24 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence fourth-amendment illegal-evidence police-procedure search-and-seizure Did the Schenectady County Police Department violate Petitioner's Fourth Amendment right against illegal search and seizure?
23-5428 Hector Gastelum Valenzuela v. United States Fifth Circuit 2023-08-24 Denied Response WaivedIFP 4th-amendment exigent-circumstances fourth-amendment law-enforcement motel-room motel-search probable-cause protective-sweep search-and-seizure warrantless-search Whether the mere presence of a person in a motel room—that officers believe contains drugs and a gun—creates exigent circumstances sufficient to justi…
23-5429 Tywan Sykes v. United States Sixth Circuit 2023-08-24 Denied IFP 18-usc-2251 4th-amendment child-exploitation civil-rights fourth-amendment governmental-entity internet-service-provider private-search-doctrine recidivist-enhancement standing statutory-interpretation Whether the National Center for Missing and Exploited Children is a Governmental Entity
23A167 Erik Carrasco v. Terry Henkell Fifth Circuit 2023-08-24 Presumed Complete affidavit exculpatory-information fourth-amendment omission qualified-immunity search-warrant Whether a law enforcement officer violates the Fourth Amendment by submitting an affidavit for a search warrant that omits material exculpatory inform…
23-5412 Keith Allen Shrum v. United States Eighth Circuit 2023-08-22 Denied Response WaivedIFP civil-rights due-process electronic-evidence evidence exigent-circumstances fourth-amendment fruit-of-the-poisonous-tree probable-cause search-and-seizure warrant warrant-specificity warrantless-search Whether the exigent circumstances exception saves a warrantless seizure of a defendant's phone
23-5396 Antoine Clark v. United States Third Circuit 2023-08-21 Denied Response WaivedIFP criminal-procedure exigent-circumstances fourth-amendment law-enforcement probable-cause title-iii wiretap wiretap-law Whether law enforcement's self-created exigent circumstances justify a Title III wiretap?
23-5378 Frank J. Capozzi v. United States Third Circuit 2023-08-17 Denied Response WaivedIFP constitutional-violation fourth-amendment franks-hearing fraud-on-court fraud-on-the-court miscarriage-of-justice probable-cause search-warrant Was the State search warrant obtained based on fraudulent, deceptive, misleading, and omitted statements
23A133 Gerald L. Ferreyra, et al. v. Nathaniel Hicks Fourth Circuit 2023-08-15 Presumed Complete bivens-action circuit-split damages-remedy fourth-amendment qualified-immunity warrantless-search Whether a Bivens action is available to remedy Fourth Amendment violations occurring outside the context of a warrantless home search or against offic…
23-5339 Jean Buteau Remarque v. United States Fourth Circuit 2023-08-11 Denied Response WaivedIFP arbitrary-enforcement civil-rights criminal-procedure double-jeopardy due-process fourth-amendment probable-cause section-2252A speedy-trial statutory-interpretation whether-an-unprecedented-legal-theory-of-receipt-is-unconstitutional
23-5302 Larry Rederick v. United States Eighth Circuit 2023-08-08 Denied Response WaivedIFP constitutional-rights eighth-circuit fourth-amendment law-enforcement probable-cause search-and-seizure traffic-stop traffic-stops unreasonable-search Whether the Eighth Circuit Court of Appeals Decision Authorizes Unreasonably Prolonged Traffic Stops and Unreasonable Searching of a Separate Vehicle …
23-5305 John Vaughn v. Nebraska Nebraska 2023-08-08 Denied Response WaivedIFP automobile-exception commercial-trains confrontation-clause fourth-amendment plain-smell-exception probable-cause search-and-seizure sixth-amendment warrant-requirement Does the automobile exception to the warrant requirement of the Fourth Amendment apply to commercial trains?
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…
23A94 Michael Boresky v. Jeremy Graber Third Circuit 2023-08-01 Presumed Complete bivens-claim collateral-order-doctrine false-arrest fourth-amendment qualified-immunity separation-of-powers Whether the collateral order doctrine permits immediate appellate review of district court rulings denying motions to dismiss based on the non-cogniza…
23-5247 In Re David Jackson 2023-07-31 Dismissed IFP and post-conviction proceedings trial 14th-amendment 4th-amendment arrest-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fifth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel post-conviction-relief probable-cause retaliation search-and-seizure self-incrimination trial-procedure Whether the warrantless search and seizure of February 14, 1991 violated the 4th and 14th Amendment rights
23-5241 Lenroy McLean v. United States Second Circuit 2023-07-28 Denied Response WaivedIFP case-law civil-rights constitutional-interpretation constitutional-law criminal-procedure due-process fourth-amendment judicial-conflict legal-precedent standing Whether there is a conflict between Kimmelman v Morrison and Ex-Parte Milligan on the Fourth Amendment as a trial right in criminal prosecution
23-85 James Giehl v. Bank of America Florida 2023-07-28 Denied 18-U.S.C.-Sec.-242 4th-amendment civil-case civil-rights color-of-law foreclosure-process fourth-amendment judicial-misconduct void-decision void-decisions Do Florida Judges have the ability to depart from a person's 4th-Amendment-Rights and violate the 'color-of-law-18-U.S.C.-Sec.-242 code to avoid corre…
23-5208 Jason Boudreau v. United States First Circuit 2023-07-26 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure due-process first-amendment fourth-amendment plea-agreement search-and-seizure search-condition sentencing sentencing-enhancement Whether the District Court's decision to subject the Petitioner to a lifetime suspicionless search condition that lacks any limitations at all violate…
23-5185 Yolanda Howard v. United States First Circuit 2023-07-25 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment investigative-detention law-enforcement-procedure probable-cause reasonable-suspicion rodriguez-v-united-states traffic-stop Did the Maine State Trooper's hunch that 'there were a lot of drugs inthis car' based solely on his initial encounter with Ms. Howard justify delaying…
23A62 Michael Carey v. United States Ninth Circuit 2023-07-24 Presumed Complete exclusionary-rule fourth-amendment plain-text statutory-interpretation suppression-provision wiretap-act Whether the Wiretap Act's mandatory suppression provision in 18 U.S.C. § 2515 permits judicial creation of exceptions based on analogies to Fourth Ame…
23-50 Jascha Chiaverini, et al. v. City of Napoleon, Ohio, et al. Sixth Circuit 2023-07-20 Judgment Issued Amici (9)Relisted (2) 42-usc-1983 any-crime-rule charge-specific-rule circuit-split criminal-charges fourth-amendment malicious-prosecution probable-cause section-1983 Whether Fourth Amendment malicious prosecution claims are governed by the charge-specific rule or the any-crime rule
23-5158 Martice Deshawn Wallace v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2023-07-20 Denied Response WaivedIFP constitutional-law criminal-procedure due-process federal-jurisdiction fourteenth-amendment fourth-amendment habeas-corpus suppression-of-evidence witness-testimony Whether the suppression of a witness' testimony violates the defendant's due process rights under the Fourteenth Amendment
23-5144 In Re Donald Lynn Martin 2023-07-19 Denied Response WaivedRelisted (2)IFP cell-phone-data fourth-amendment fourth-amendment-jurisprudence privacy reasonable-expectation-of-privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
23-5112 Kashif M. Robertson v. Pennsylvania Pennsylvania 2023-07-17 Denied IFP fourth-amendment fourth-amendment-rights law-enforcement-procedure motor-vehicle-code probable-cause reasonable-suspicion seizure-duration traffic-stop unrelated-questioning Whether the State Court's of Pennsylvania Committed Reversible Error
23-45 Ethan R. Shields v. United States Armed Forces 2023-07-14 Denied Response Waived abuse-of-discretion digital-forensics fourth-amendment military-justice reasonableness search-and-seizure Whether the Tenth Circuit framework for assessing the reasonableness of digital forensic searches under the Fourth Amendment is appropriate
23-5078 Kendrick Ramon Page v. United States Eighth Circuit 2023-07-13 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment minimization minimization-requirement motion-to-suppress necessity probable-cause theory-of-defense-instruction wiretap wiretap-evidence Whether the 8th Circuit erred in affirming the denial of wiretap evidence and the refusal to provide a theory of defense instruction
23A31 Winterville Police Department, et al. v. Dijon Sharpe Fourth Circuit 2023-07-13 Presumed Complete constitutional-interpretation first-amendment fourth-amendment law-enforcement livestreaming traffic-stop Whether the constitutionality of a policy prohibiting livestreaming during a lawful traffic stop should be analyzed under the First Amendment or the F…
23-36 Liam C. Lattin v. United States Armed Forces 2023-07-12 Denied Response Waived case-by-case case-by-case-analysis categorical deterrence evidence-suppression exclusionary-rule fourth-amendment social-cost suppression Whether the social cost of suppression is determined on a case-by-case basis or has been resolved categorically by this Court's Fourth Amendment juris…
23-37 Kyle Cardenas v. Josiah Saladen, et al. Ninth Circuit 2023-07-12 Denied Response Waived 4th-amendment civil-rights constitutional-rights due-process excessive-force fourth-amendment law-enforcement qualified-immunity section-1983 unlawful-arrest Regularizing qualified immunity
23-5022 Ruben Ramirez-Rivera v. United States Eleventh Circuit 2023-07-03 Denied Response WaivedIFP drug-sniff fourth-amendment fruit-of-poisonous-tree law-enforcement motion-to-suppress probable-cause traffic-stop Whether Mr. Ramirez-River's Fourth-Amendment-rights were violated when his motion-to-suppress was denied?
22-7889 Tyree Lawson v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. Third Circuit 2023-06-28 Denied IFP constitutional-rights due-process exculpatory-evidence fourth-amendment habeas-corpus ineffective-assistance-of-counsel post-conviction-relief right-to-counsel rule-60b stone-v-powell Whether the petitioner's constitutional rights were violated when the state court failed to properly consider exculpatory evidence and denied his clai…
22-7877 Corey Coggins v. Murray Tatum, Warden Georgia 2023-06-27 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel joint-defense-agreement sixth-amendment strickland-standard strickland-v-washington trial-strategy Is it ineffective assistance of counsel for a court-appointed attorney to enter into a joint defense agreement without client consent, waiving 4th Ame…
22-7881 Leroy Henry Jr. v. United States Third Circuit 2023-06-27 Denied Response WaivedIFP anonymous-informant exclusionary-rule fourth-amendment good-faith good-faith-doctrine probable-cause search-and-seizure united-states-v-leon warrant-requirement Whether United States v. Leon, 468 U.S. 897 (1984) was wrongly decided
22-7853 Carlos Miguel Concepcion-Guliam v. United States First Circuit 2023-06-26 Denied Response WaivedIFP arrest criminal-procedure detention fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure search-warrant Whether the Fourth Amendment permits law enforcement to detain and arrest an individual without observing any criminal conduct, based solely on an ass…
22-1226 Idaho v. Kirby Anthony Dorff Idaho 2023-06-21 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment constitutional-protection drug-detection drug-detection-dog fourth-amendment governmental-conduct law-enforcement lawfully-stopped-car physical-intrusion search search-and-seizure Does a drug-detection dog's physical intrusion on a lawfully stopped car constitute an unreasonable search?
22-7781 Donell Jamar Hines v. United States Eighth Circuit 2023-06-14 Denied Response WaivedIFP 4th-amendment curtilage fourth-amendment good-faith-exception jardines-precedent k9-sniff search-and-seizure warrant-requirement warrantless-search Whether the Leon good faith exception should allow admission of evidence obtained as a result of two unconstitutional searches, in violation of Jardin…
22-7726 Gary Leon Webster v. John Thurston, Arkansas Secretary of State Eighth Circuit 2023-06-07 Denied IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the petitioner's Fourth Amendment rights were violated
22-7691 Jace Emerson Fesler v. United States Ninth Circuit 2023-06-02 Denied Response WaivedIFP 4th-amendment citizen-rights civil-rights due-process fourth-amendment free-speech law-enforcement police-procedure reasonable-suspicion terry-stop Does a citizen's noncompliance with an unlawful order from law enforcement create reasonable suspicion to conduct a Terry frisk?
22-1151 City of Arlington, Texas v. De'On Crane, et al. Fifth Circuit 2023-05-30 Denied Response RequestedResponse WaivedRelisted (2) arrest-warrant fourth-amendment municipal-liability qualified-immunity reasonable-officer-standard traffic-stop use-of-force whren-v-united-states Where a suspect with an outstanding felony arrest warrant refuses repeated commands to turn off his car and exit the vehicle, would a reasonable offic…
22-1155 Douglas E. Wilcox v. Maine Maine 2023-05-30 Denied Response Waived constitutional-provision constitutional-rights field-sobriety-test fourth-amendment law-enforcement lower-courts probable-cause search sobriety-test Whether a field sobriety test is a search for which the Fourth Amendment requires probable cause
22-7656 In Re Brad Edmonds 2023-05-26 Denied IFP civil-rights constitutional-rights criminal-procedure due-process fourth-amendment gps-tracking habeas-corpus ineffective-assistance plea-negotiations privacy search-and-seizure standing Whether the warrantless installation and use of a GPS tracking device on a vehicle violates the Fourth Amendment
22-7643 Nathaniel R. Webb v. Director Butler, et al. Fourth Circuit 2023-05-25 Denied Response WaivedIFP civil-rights communication-monitoring constitutional-rights due-process family-law fourth-amendment incarceration marriage privacy-violation spousal-communication unauthorized-access Did the defendants violate the U.S. Constitutional protections related to marital relationships by imposing a blanket ban on spousal communication for…
22-1145 David Sosa v. Martin County, Florida, et al. Eleventh Circuit 2023-05-24 Denied Amici (2) civil-rights constitutional-rights due-process fourteenth-amendment fourth-amendment legal-detention overdetention search-and-seizure warrant-validity Does Baker's right against overdetention require a reasonable analysis or only protect against mistaken overdetention for longer than three days?
22-7627 Denis Grushko v. United States Eleventh Circuit 2023-05-24 Denied Response WaivedIFP arrest-warrant circuit-split eleventh-circuit fourth-amendment home-entry law-enforcement payton-v-new-york probable-cause Whether the 'reason to believe' standard in Payton v. New York, 445 U.S. 573 (1980) requires a showing of probable cause that a suspect is within the …
22-7629 Jose Luis Nunez v. United States Ninth Circuit 2023-05-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP circuit-split exigent-circumstances fourth-amendment inevitable-discovery probable-cause protective-sweep search-and-seizure warrant-requirement warrantless-search Whether police may enter and perform a 'protective sweep' of a home not proximate to an arrest scene and when they lack affirmative information sugges…
22-7603 James Snyder v. Aaron Krieger, Warden, et al. Ninth Circuit 2023-05-19 Denied Response WaivedIFP border-search civil-procedure civil-rights due-process electronic-privacy fourth-amendment judicial-misconduct prison-conditions probable-cause search-and-seizure standing warrantless-search Whether the petitioner's constitutional rights were violated
22-7592 Grace Woodham v. Tucker Scheffer New Hampshire 2023-05-18 Denied IFP abuse-of-discretion civil-rights digital-privacy due-process electronic-communications equal-protection fourth-amendment free-speech probable-cause search-and-seizure standing warrantless-search Whether the New Hampshire Supreme Court violated the First Amendment of the U.S. Constitution by denying the petitioner's appeal to continue their app…
22-7597 In Re Frank Michael Monte 2023-05-18 Denied IFP civil-rights due-process fourth-amendment government-overreach property-rights search-and-seizure Whether the government's warrantless seizure and indefinite retention of a person's personal property violates the Fourth Amendment's prohibition on u…
22-7554 Samuel Terraye Windom v. United States Tenth Circuit 2023-05-15 Denied Response WaivedIFP controlled-buy drug-evidence fourth-amendment informant nexus nexus-requirement probable-cause search-warrant Whether a controlled drug transaction that takes place away from a suspect's home is sufficient to establish a nexus between the offense and the suspe…
22-7544 Eliu Elixander Lorenzana-Cordon v. United States District of Columbia 2023-05-12 Denied Response WaivedIFP civil-rights fourth-amendment indefinite-retention personal-property unreasonable-searches-and-seizures warrantless-seizure Whether the government's warrantless seizure and indefinite retention of a person's personal property violates the Fourth Amendment's prohibition on u…
22-7514 Joshua Brown v. United States Eighth Circuit 2023-05-11 Denied Response WaivedIFP 4th-amendment color-discrepancy fourth-amendment high-crime-area probable-cause reasonable-suspicion traffic-stop vehicle-registration Whether an officer has reasonable suspicion to stop a vehicle based solely on a discrepancy between the vehicle's apparent color and the color listed …
22-7520 Levaughn Collins v. United States Seventh Circuit 2023-05-10 Denied Response WaivedIFP 4th-amendment 5th-amendment appellate-review criminal-procedure fifth-amendment fourth-amendment motion-to-suppress statutory-interpretation suppression-of-evidence wiretap-evidence wiretapping Whether the District Court erred in denying Mr. Collins' Motions to Suppress Wire Tap evidence
22-7502 Anthony Gilbert-Brown v. United States Third Circuit 2023-05-09 Denied Response WaivedIFP 4th-amendment civil-rights criminal-procedure due-process fourth-amendment police-conduct seizure sentencing-guidelines standing supreme-court-review use-of-force Whether Third Circuit Court of Appeals erred in affirming Gilbert-Brown was seized
22-7474 Quinton Markis Cuthbertson, aka Quinton Marquis Cuthbertson v. United States Fourth Circuit 2023-05-05 Denied IFP due-process fourth-amendment police-misconduct police-provocation spoliation subterfuge suppression-hearing unreasonable-seizure Do police violate a person's Fourth Amendment rights against unreasonable seizure when they provoke, through subterfuge and intimidation, a person to …
22-7440 Robert Christopher England v. United States Sixth Circuit 2023-05-02 Denied Response WaivedIFP 4th-amendment computer-forensics computer-search digital-evidence exclusionary-rule fourth-amendment motion-to-suppress probable-cause search-and-seizure warrant-requirement Whether the district court erred in denying the defendant's motion to suppress evidence obtained from the search of his computer
22-1064 Dephne Nguyen Wright v. Texas Texas 2023-05-02 Denied Response Waived fourth-amendment habeas-corpus ineffective-assistance probable-cause search-warrant stale-evidence stale-information Whether the Texas courts' misapplication of this Court's precedent concerning 'stale' search warrants requires a remand for reconsideration of petitio…
22-7401 Brandon Quane Hudson v. United States Fourth Circuit 2023-04-28 Denied Response WaivedIFP 4th-amendment criminal-procedure drug-trafficking fourth-amendment good-faith-exception magisterial-review magistrate-review probable-cause search-and-seizure search-warrant Whether the Leon good-faith exception applies to a search warrant that lacked sufficient probable cause to support a search
22-1041 Kevin Brunner v. Megan Marie McMurry, et al. Fifth Circuit 2023-04-27 Denied Response Waived 4th-amendment child-welfare children civil-rights due-process exigent-circumstances fourth-amendment law-enforcement protective-custody qualified-immunity Whether a child left alone in a residence without adult supervision constitutes an exigent circumstance under the Fourth Amendment?
22-7370 Donte Lamont Dingle v. United States Fourth Circuit 2023-04-26 Denied Response WaivedIFP criminal-procedure de-novo-review discovery-rule-16 fourth-amendment franks-v-delaware franks-violation jencks-material probable-cause search-warrant standard-of-review Whether the Fourth Circuit's decision conflicts with prior decisions of this Court and another United States Court of Appeals, including its own, on t…
22-7371 Ryan William Buchheim v. United States Eighth Circuit 2023-04-26 Denied Response WaivedIFP certificate-of-appealability eighth-circuit fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rodriguez-standard rodriguez-v-united-states traffic-stop Whether the district court abused its discretion in denying an evidentiary hearing on ineffective-assistance-of-counsel and unlawful-traffic-stop clai…
22-7379 Igor Grushko v. United States Eleventh Circuit 2023-04-26 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment law-enforcement loss-calculation probable-cause reasonableness reasonableness-standard search-and-seizure search-warrant sentencing-guidelines Whether the police entering a residence to execute a search warrant must possess probable cause that the person they are seeking is inside the residen…
22-1031 Constance Westfall v. Jose Luna, et al. Fifth Circuit 2023-04-25 Denied 4th-amendment coercive-interrogation consent curtilage fourth-amendment knock-and-talk search seizure warrant warrantless-search Whether the 'knock-and-talk' exception to the Fourth Amendment's protection against unlawful entry onto a person's property permits police officers to…
22-1018 Jeffrey L. Moeser v. Wisconsin Wisconsin 2023-04-20 Denied Response Waived constitutional-protection federal-courts-of-appeals fourth-amendment general-warrants individual-liberty law-enforcement oath-affirmation oath-or-affirmation probable-cause warrant-requirement Whether a sheriff who indisputably did not make an oral or written oath or affirmation to anyone and who falsely signed a preprinted affidavit stating…
22-7340 Damorius D. Gaines v. Geoffrey Benedict Eaton, et al. Fourth Circuit 2023-04-20 Denied IFP 4th-amendment 6th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment ineffective-assistance-of-counsel search-warrant Did the South Carolina courts err in denying relief on petitioner's claims that his constitutional rights were violated?
22-7283 Ronald O. LaTray v. Pete Bludworth, Warden, et al. Ninth Circuit 2023-04-14 Denied Response WaivedIFP certificate-of-appealability civil-rights constitutional-violation due-process exclusionary-rule fourth-amendment habeas-corpus state-courts stone-v-powell What constitutes a full and fair opportunity to litigate a United States Constitutional Fourth Amendment violation complaint invoking the exclusionary…
22-1003 Mucio Ramirez v. Christopher Martin Fifth Circuit 2023-04-14 Denied civil-rights excessive-force fourth-amendment graham-standard graham-v-connor police-brutality police-misconduct qualified-immunity reasonable-force use-of-force Whether Petitioner's initial non-compliance followed by surrender permitted Respondent to reject the then-existing circumstances and slam Petitioner's…
22-7269 Melchor Karl T. Limpin v. Robert B. C. McSeveney, Judge, United States Immigration Court, et al. Ninth Circuit 2023-04-13 Denied Response WaivedIFP civil-rights due-process equal-protection fifth-amendment fourth-amendment immigration immigration-law probable-cause warrant-clause Whether the statute 8 U.S.C. § 1226(a) is constitutionally impermissible under the Fourth and Fifth Amendment equal protection clause
22-7264 Corey Shamon McKinney v. United States Tenth Circuit 2023-04-12 Denied Response WaivedIFP 4th-amendment civil-rights criminal-procedure drug-possession evidence-suppression fourth-amendment franks-v-delaware probable-cause search-warrant standing Whether an illegal search and seizure took place
22-7253 Ilse Ivon Solis v. United States Fifth Circuit 2023-04-11 Denied Response WaivedIFP constitutional-rights detention-duration fourth-amendment law-enforcement motion-to-suppress reasonable-suspicion rodriguez-v-united-states scope-of-justification traffic-stop Did the officer's inquiries unjustifiably prolong the traffic stop without reasonable suspicion?
22-978 Jackie Jackson v. Ohio Ohio 2023-04-10 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 4th-amendment contraband criminal-procedure fourth-amendment law-enforcement lower-court-conflict police-conduct precedent probable-cause search search-and-seizure vehicle-search Whether a police search of a car occurred under the Fourth Amendment
22-7217 Antoine Bryant, Sr. v. United States Fifth Circuit 2023-04-05 Denied Response WaivedIFP deterrence evidence-suppression exclusionary-rule exigent-circumstances fourth-amendment no-knock-warrant search-and-seizure suppression warrant-requirements Whether a no-knock search warrant issued, without any evidence of an exigent circumstance, should result in the evidence being suppressed under the Fo…
22-7162 In Re Anthony Dewayne Lee Turner 2023-03-30 Denied IFP civil-rights due-process excessive-force fourth-amendment probable-cause warrantless-arrest Whether the petitioner's Fourth Amendment rights were violated when he was arrested without a warrant and probable cause
22-943 Andre Verdun, et al. v. City of San Diego, California, et al. Ninth Circuit 2023-03-28 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) administrative-search fourth-amendment parking-enforcement precompliance-review probable-cause public-health-safety search-and-seizure warrant-requirement warrantless-searches Whether tire-chalking falls outside the administrative-search exception to the Fourth Amendment's warrant requirement
22-7122 Quintel West v. Fredeane Artis, Acting Warden Sixth Circuit 2023-03-27 Denied Response WaivedIFP due-process effective-assistance-of-counsel expert-testimony fourth-amendment probable-cause prosecutorial-misconduct reckless-driving sixth-amendment warrantless-arrest Whether the petitioner's warrantless arrest was consistent with the Fourth Amendment?
22-7097 Monta Olander Jordan v. United States Fourth Circuit 2023-03-24 Denied Response WaivedIFP 4th-amendment exclusionary-rule fourth-amendment good-faith-exception gps-tracking leon-exception probable-cause search-and-seizure search-warrant Whether The Court Of Appeals Misapplied United States v. Leon
22-933 Jean Henderson, as Next Friend and Guardian of Christopher Henderson v. Harris County, Texas, et al. Fifth Circuit 2023-03-24 Denied Response Waived 4th-amendment civil-procedure civil-rights excessive-force fourth-amendment police-misconduct qualified-immunity section-1983 unreasonable-force Does qualified immunity shield an officer who uses unreasonable force against a fleeing misdemeanor suspect who complies with an officer's order to st…
22-6995 Matthew Patrick Langenberg v. United States Eighth Circuit 2023-03-13 Denied Response WaivedIFP 4th-amendment apparent-authority cell-phone cell-phone-privacy consent consent-search fourth-amendment privacy riley-precedent search warrantless warrantless-search Whether an employer has 'apparent authority' to consent to a complete search, including a forensic examination, of an employee's cell phone based upon…
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
22-848 James Douglas Fox v. Mark Campbell, et ux. Sixth Circuit 2023-03-08 Denied Response RequestedResponse WaivedRelisted (2) county-of-sacramento-v-lewis excessive-force fourteenth-amendment fourth-amendment graham-v-connor law-enforcement qualified-immunity seizure self-defense unreasonable-force Whether the Fourth Amendment standard for evaluating unreasonable force claims or the Fourteenth Amendment standard applies when law enforcement shoot…
22-6949 Christopher Maurice McDowell v. Carlton W. Reeves Fifth Circuit 2023-03-07 Denied IFP cell-phone-data fourth-amendment fourth-amendment-jurisprudence privacy reasonable-expectation-of-privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
22-6948 Robert E. Spiker v. Robert E. Erskines, et al. Seventh Circuit 2023-03-06 Denied IFP cell-phone-data constitutional-claims deliberate-indifference digital-privacy federal-jurisdiction fourth-amendment fourth-amendment-jurisprudence habeas-corpus medical-care prisoner-rights privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
22-6867 Rickie Markiece Atkinson v. United States Fourth Circuit 2023-02-27 Denied Response WaivedIFP armed-career-criminal-act breaking-and-entering burglary categorical-approach constitutional-interpretation fourth-amendment sixth-amendment violent-felony Whether North Carolina breaking or entering is categorically broader than generic burglary and cannot be a violent felony under the Armed Career Crimi…
22-6870 Victor Rodriquez Kessel v. United States Eighth Circuit 2023-02-27 Denied Response WaivedIFP constitutional-rights due-process evidentiary-issues fair-trial fourth-amendment judicial-misconduct jury-tampering language-barrier miranda-rights prosecutorial-misconduct Did the unethical and arbitrary act/action of the US Attorney of passing out candy in the midst of the petitioner's trial to the empaneled jury comple…
22-6872 Gustavo Guzman v. California California 2023-02-27 Denied Response WaivedIFP criminal-conduct fourth-amendment fourth-amendment-jurisprudence government-informant home-surveillance reasonable-suspicion warrantless-entry Whether the Fourth Amendment permits a government informant's warrantless entry into a home to monitor, transmit, or record statements without reasona…
22-6832 James L. Mahaffey v. Oklahoma Oklahoma 2023-02-22 Denied IFP cell-phones criminal-procedure digital-evidence fourth-amendment privacy search-and-seizure Whether the government's warrantless search of a person's cell phone violates the Fourth Amendment's protection against unreasonable searches and seiz…
22-6810 Jason Jarvis v. United States Sixth Circuit 2023-02-17 Denied Response WaivedIFP criminal-procedure criminal-prosecution defendant-rights due-process evidence evidentiary-rules fourth-amendment legal-standing prosecutorial-misconduct search-and-seizure suppressed-evidence Whether suppressed evidence or evidence not belonging to the defendant can be used against the defendant to prosecute him?
22-776 Courtney Drake v. Georgia Georgia 2023-02-17 Denied Amici (1)Response Waived blood-draw blood-test breath-test due-process dui fourth-amendment implied-consent self-incrimination warrantless-search Whether the government can use a motorist's refusal of a warrantless blood test as evidence of guilt
22-6802 Luis Miguel Sierra-Ayala v. United States First Circuit 2023-02-16 Denied Response WaivedIFP 4th-amendment consensual-search consent exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-seizure police-misconduct reasonable-suspicion search-and-seizure Should evidence obtained during an illegal police seizure be suppressed where the rights-violating officer testifies that the person in his custody co…
22-766 Edward Pinkney v. Berrien County, Michigan, et al. Sixth Circuit 2023-02-15 Denied civil-rights criminal-proceedings due-process fourteenth-amendment fourth-amendment probable-cause section-1983 unlawful-prosecution Whether Petitioner's § 1983 claim based on his prosecution, pretrial-criminal-proceedings, trial, conviction, and incarceration for an act the law doe…
22-768 Angie Waller, et al. v. Richard Hoeppner, et al. Fifth Circuit 2023-02-15 Denied Response Waived civil-rights-act fourth-amendment graham-v-connor municipal-liability reasonableness reasonableness-standard search-and-seizure tennessee-v-garner totality-of-circumstances totality-of-the-circumstances Does the Fifth Circuit's 'narrowed' test of reasonableness of a search or seizure under the Fourth Amendment conflict with the Supreme Court's decisio…
22-6769 Thomas L. Fast v. Florida Florida 2023-02-14 Denied Response WaivedRelisted (2)IFP civil-rights due-process fourth-amendment free-speech material-support metadata-collection national-security-agency privacy-rights standing surveillance terrorism usa-patriot-act Whether the petitioner's conviction for providing material support to a foreign terrorist organization under 18 U.S.C. § 2339B violates the First Amen…
22-6774 Dewayne Lewis v. United States Seventh Circuit 2023-02-14 Denied IFP 4th-amendment constitutional-protection dog-sniff economic-status fourth-amendment multiunit-living-space multiunit-living-spaces privacy-rights property-rights warrantless-search Does warrantless use of a drug detection dog constitute an unreasonable search when the officer and dog are standing in the common area of a multiunit…
22-6777 Fharis Denane Smith v. United States Sixth Circuit 2023-02-14 Denied IFP cell-phone circuit-split digital-privacy fourth-amendment good-faith law-enforcement-procedure probable-cause search-and-seizure search-warrant warrant-requirement Question Presented
22-6766 Michael A. Weis v. Illinois Illinois 2023-02-13 Denied IFP cell-phone cell-phone-privacy civil-rights criminal-procedure due-process fourth-amendment search-and-seizure warrantless-search Did the Illinois courts violate Petitioner's fourth Amendment right to be free from illegal search and seizure when the police seized his cell phone f…
22-747 Tracy Renee Pennington v. West Virginia West Virginia 2023-02-09 Denied Amici (3)Relisted (2) arrest-warrant circuit-split fourth-amendment fourth-circuit home-entry law-enforcement payton-v-new-york probable-cause When the police have an arrest warrant for a person, can they enter a home without probable cause that the person resides there and is present within?
22-731 Tyler Brienza v. City of Peachtree, Georgia, et al. Eleventh Circuit 2023-02-06 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights curtilage exigent-circumstances fourth-amendment investigative-detention knock-and-talk law-enforcement seizure voluntary-encounter When occupants answer a 'knock-and-talk' by law enforcement officers and step onto the porch, or curtilage of the home, to address the officers, may t…
22-732 Kaeun Kim v. Michael Saccento, et al. Second Circuit 2023-02-06 Denied civil-rights due-process fabricated-evidence fabrication-of-evidence fourth-amendment malicious-prosecution standing state-actors unreasonable-arrest Does an individual's Fourth Amendment right to free-from-unreasonable-arrest-and-detention continue beyond legal-process to allow a malicious-prosecut…
22-728 Daniel Cameron Wilkey, et al. v. William Eugene Klaver Sixth Circuit 2023-02-03 Denied Response Waived civil-rights clearly-established-law clearly-established-right fourth-amendment law-enforcement police-conduct qualified-immunity reasonable-suspicion traffic-stop Whether the Sixth Circuit defined the right at too high a level of generality
22-706 Timothy Howard Spriggs v. United States Eleventh Circuit 2023-01-30 Denied Response Waived constitutional-rights criminal-procedure fourth-amendment ineffective-assistance private-property residence rv search sentencing-guidelines utilities warrantless-search Whether the Fourth Amendment permits the warrantless search of an immobile RV
22-6625 Ledger Lynn Hammonds, Jr. v. United States Fourth Circuit 2023-01-26 Denied Response WaivedIFP fourth-amendment fourth-circuit franks-hearing franks-v-delaware judicial-review material-omissions preliminary-showing probable-cause search-and-seizure warrant-challenge Whether the proper test for determining a preliminary showing for a Franks hearing has been met when analyzing material omissions, and whether the Fou…
22-6623 Jarmell Raymond Mayweather v. United States Eighth Circuit 2023-01-25 Denied Response WaivedIFP brady-violation due-process evidence-suppression fourth-amendment franks-violation informant-falsification prosecutorial-misconduct search-warrant Whether the government omission of evidence that was contrast affiant's Search Warrant Application (SWA) statements constituted a Brady and Franks vio…
22-679 NYC C.L.A.S.H., Inc., et al. v. Marcia L. Fudge, Secretary of Housing and Urban Development, et al. District of Columbia 2023-01-23 Denied Response Waived agency-authority constitutional-avoidance due-process federalism fourth-amendment housing-regulation public-housing smoking-ban spending-clause Whether HUD lacks authority to adopt or enforce its smoking ban as a means to ensure 'safe and habitable' public housing
22-6575 Paul Michael Malagerio v. United States Fifth Circuit 2023-01-19 Denied IFP civil-rights constructive-entry exigent-circumstances fourth-amendment home-invasion knock-and-announce law-enforcement santana-doctrine scott-v-harris search-and-seizure Whether multiple armed law enforcement officers surrounding a home at daybreak, repeatedly banging on the home's only door, refusing to leave, and ord…
22-6580 Daniel J. Campbell v. Ohio Ohio 2023-01-19 Denied Response RequestedRelisted (2)IFP 4th-amendment cell-phone digital-devices digital-privacy fourth-amendment probation probation-search reasonable-suspicion search search-conditions state-supervision Is a search reasonable under the 4th Amendment when a probation officer lacks required reasonable suspicion and violates state law to search a probati…
22-6552 Sergio Guerrero v. United States Ninth Circuit 2023-01-18 Denied Response WaivedIFP ammunition-possession bill-of-rights fourth-amendment lawful-materials probable-cause reasonable-suspicion second-amendment warrantless-arrest Whether the Ninth Circuit's decision is consistent with this Court's precedents on the Fourth Amendment's probable cause standard when suspicion is ba…
22-6523 Alfonzo Johnlouis v. United States Fifth Circuit 2023-01-11 Denied Response WaivedIFP fourth-amendment government-action government-actor mail-carrier postal-service search-and-seizure standing unreasonable-search unreasonable-searches warrantless-search Is the warrantless search of a First Class sealed mail Priority package by a United States Postal Service mail carrier during the course and scope of …
22-640 David Wellington v. Fernando Daza, et al. Tenth Circuit 2023-01-10 Denied Response Waived 1st-amendment 4th-amendment civil-rights content-seizure first-amendment fourth-amendment overbreadth qualified-immunity search-warrant tax-code Is a search warrant that authorizes a search for violations of the entire federal tax code (26 U.S.C. §7201), plus any other numerous codes and laws f…
22-625 W.A. Griffin v. Blue Cross Blue Shield Healthcare Plan of Georgia, Inc., et al. Eleventh Circuit 2023-01-09 Denied Response Waived civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's prohibition on unreasonable searches and seizures
22-6473 Michael Dewayne Dennis v. United States Fifth Circuit 2023-01-06 Denied IFP criminal-procedure due-process fourth-amendment privacy privacy-rights reasonable-expectation-of-privacy search sentencing-disparities surveillance warrantless-search whether-long-term-police-use-of-a-surveillance-camera-is-a-fourth-amendment-search
22-609 Carsten Igor Rosenow, aka Carlos Senta v. United States Ninth Circuit 2023-01-04 Denied Response Waived circuit-split electronic-communication electronic-communications fourth-amendment government-action privacy private-search search-and-seizure statutory-interpretation Whether the Ninth Circuit's rigid multi-pronged test for determining government action in relation to electronic communication service providers compo…
22-6442 Brennan Thomas Baker v. Wyoming Wyoming 2023-01-04 Denied Response WaivedIFP abuse-of-discretion cell-phone-recording criminal-evidence criminal-procedure due-process evidence evidentiary-abuse-of-discretion fourth-amendment legal-admissibility surveillance surveillance-footage witness-testimony Did the district court abuse its discretion in admitting the state's cell phone recording of surveillance footage?
22-6449 Carl Anthony Wilson v. Texas Texas 2023-01-04 Denied IFP actual-innocence blood-draw conflict-of-interest constitutional-rights criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel search-warrant unreasonable-search-and-seizure Whether the warrantless blood draw violated the Fourth Amendment
22-6441 James D. Dayvault v. Kansas Kansas 2023-01-03 Denied Response WaivedIFP civil-rights consensual-encounter custody detention due-process family-law fourth-amendment law-enforcement photography reasonable-person reasonable-person-standard seizure Did the Kansas Court of Appeals err when it affirmed the trial court's denying custody for the purposes of Ananda, and did the court err by applying t…
22-603 Jevarreo Kelley-Lomax v. City of Chicago, Illinois Seventh Circuit 2022-12-30 Denied Response Waived bailee-duty bailment civil-rights constitutional-rights due-process fourteenth-amendment fourth-amendment pre-trial-detention property-rights property-seizure Whether the refusal to return lawfully seized property implicates the Fourth Amendment
22-6430 Alex Bugno v. Ohio Ohio 2022-12-30 Denied IFP evidence-suppression exclusionary-rule fourteenth-amendment fourth-amendment good-faith-exception particularity search-warrant seizure Are search warrants that fail to include command sections authorizing the seizure of particular items facially and fatally defective, requiring suppre…
22-6433 Ricky Escobedo v. United States Fifth Circuit 2022-12-30 Denied Response WaivedIFP attorney-client-privilege conflict-of-interest fifth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Violation of attorney-client privilege and right to effective assistance of counsel
22-6378 Angela Dee Garges v. United States Eighth Circuit 2022-12-22 Denied Response WaivedIFP dwelling-search fourth-amendment law-enforcement maryland-v-buie probable-cause protective-sweep reasonable-suspicion search-and-seizure Whether the Eighth Circuit Court's determination that law enforcement officers may search an entire dwelling without probable cause or reasonable susp…
22-563 Randall Greer, Individually and as Personal Representative of the Estate of Christopher Greer, Deceased v. James Haman, et al. Eleventh Circuit 2022-12-20 Denied Response Waived deadly-force fourth-amendment graham-v-connor jury-instruction law-enforcement probable-cause self-defense tennessee-v-garner use-of-force Whether a jury should be instructed on the core principle that a law enforcement officer's use of deadly force in self-defense is not constitutionally…
22-549 Raymond J. Liddy v. United States Ninth Circuit 2022-12-15 Denied Response Waived digital-privacy electronic-evidence fourth-amendment internet-subscriber-information law-enforcement-search personal-data search-and-seizure subscriber-information warrant-requirement Does Internet subscriber information constitute a digital 'paper' or 'effect' under the Fourth Amendment?
22-6312 Kristian Jones v. United States Third Circuit 2022-12-15 Denied Response WaivedIFP 4th-amendment circuit-split constitutional-law criminal-procedure fourth-amendment hotel-guest hotel-guest-rights privacy reasonable-expectation-of-privacy search-and-seizure standing Whether there is a reasonable expectation of privacy in the hotel room of a non-registered guest
22-6305 Kaleb L. Basey v. United States Ninth Circuit 2022-12-14 Denied Response WaivedIFP 4th-amendment campbell-ewald civil-procedure civil-rights constitutional-violation due-process fourth-amendment government-liability property-rights property-seizure rule-41g standing Whether a person seeking return of illegally-seized property under Fed. R. Crim. P. Rule 41(g) has an absolute right to reject the government's offer …
22-6287 Ashley Y. (Yoo Hyang) Kim v. Public Schools of Brookline, et al. First Circuit 2022-12-13 Denied Relisted (2)IFP civil-liberties civil-rights constitutional-law discrimination due-process employment fourth-amendment legal-representation privacy-rights school-search student-surveillance termination Whether the petitioner's termination from employment was unlawful due to discrimination based on nationality, age, gender status, and lack of legal re…
22-6293 Dkyle Jamal Bridges v. United States Third Circuit 2022-12-13 Denied Response WaivedIFP 4th-amendment automobile-exception confrontation-clause confrontation-right fourth-amendment franks-hearing plain-view sentencing-factors sex-trafficking testimonial-hearsay Did the automobile exception to the Fourth Amendment justify the warrantless search of Petitioner's vehicle?
22-6284 Bryan M. Espinoza v. Federal Bureau of Investigation, et al. Second Circuit 2022-12-12 Denied Response WaivedIFP bell-v-hood bivens-action bivens-doctrine constitutional-rights davis-v-passman federal-tort-claims-act fourth-amendment obstruction-of-justice whistleblower-protection whistleblower-protection-act What is the proper cause of action under Bivens for a violation of the Fourth Amendment?
22-6286 John Yang v. United States Seventh Circuit 2022-12-12 Denied Response WaivedIFP 4th-amendment civil-rights criminal-activity fourth-amendment probable-cause reasonable-suspicion search-and-seizure traffic-stop vehicle-seizure Whether the Fourth Amendment permits a police officer to seize a vehicle and its occupants based on limited information
22-6240 Robert Dale Hines v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-12-07 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence-tampering fourth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-negotiations sixth-amendment trial-counsel Whether the Court violated the petitioner's constitutional rights, including due process and effective assistance of counsel
22-6225 Jerome Kieffer v. United States Fifth Circuit 2022-12-06 Denied Response WaivedIFP constitutional-procedure criminal-law due-process federal-jurisdiction fourth-amendment imprisonment-rights religious-land-use rluipa sixth-amendment statutory-interpretation void-for-vagueness Whether the unconstitutionally vague language struck down by the Court in 18 U.S.C. 1030 applies to 18 U.S.C. 2232(a)(1)
22-513 Hyrum James Geddes v. Weber County, Utah, et al. Tenth Circuit 2022-12-02 Denied civil-rights detention-facility due-process excessive-force fourteenth-amendment fourth-amendment objective-reasonableness section-1983 Whether the test of objective reasonableness for excessive force claims under the Fourteenth Amendment is the same as the test under the Fourth Amendm…
22-6210 Aaron Michael Crick v. United States Fourth Circuit 2022-12-02 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing downward-variance fourth-amendment fourth-circuit judicial-discretion motion-denial reversible-error sentencing Whether the Fourth Circuit Court of Appeals erred by denying Mr. Crick's meritorious argument that the district court committed reversible error by de…
22-6187 Demetrio Lifrieri v. James Stinson Second Circuit 2022-12-01 Denied IFP 4th-amendment criminal-procedure due-process evidence-suppression exclusionary-rule fair-trial fourth-amendment murder-prosecution police-search unlawful-evidence unlawful-search Was petitioner's right to a fair trial compromised by the admission of the unlawfully obtained evidence?
22-6163 Noel Brown v. New York New York 2022-11-29 Denied Relisted (2)IFP criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel miranda-rights probable-cause speedy-trial Question not identified
22-6169 Shane Alan Nault v. United States Ninth Circuit 2022-11-29 Denied Response WaivedIFP 4th-amendment fourth-amendment investigatory-stop rodriguez-standard rodriguez-v-united-states search-and-seizure seizure-scope terry-stop traffic-stop Whether seizing an individual seated in a parked car in a private parking lot should be analyzed in the context of a 'traffic stop' under Rodriguez, o…
22-6148 Larry James Bradley v. Florida Florida 2022-11-23 Denied IFP civil-rights commerce-clause due-process enemy-combatant equal-protection fourth-amendment jurisdiction presidential-authority standing statutory-interpretation suspension-clause Whether the lower court erred in its interpretation and application of the relevant civil rights statutes and constitutional provisions
22-481 Daphne Moore v. United States First Circuit 2022-11-22 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) curtilage fourth-amendment home home-curtilage police-technology reasonable-expectation-of-privacy reasonable-expectation-privacy search search-and-seizure surveillance surveillance-camera Whether long-term police use of a surveillance camera targeted at a person's home and curtilage is a Fourth Amendment search
22-486 Texas v. John Wesley Baldwin Texas 2022-11-22 Denied 4th-amendment cell-phone cell-phone-search criminal-conspiracy fourth-amendment illinois-v-gates organized-crime probable-cause riley-standard riley-v-california search-warrant warrant-requirements Whether an officer's uncorroborated belief that co-conspirators who planned a crime over multiple days used their cell phones to do so is a 'bare conc…
22-6142 Taj Collier v. Florida Department of Corrections Eleventh Circuit 2022-11-22 Denied Response WaivedRelisted (2)IFP aedpa constitutional-rights criminal-appeals criminal-appeals-reform-act fifth-amendment fourteenth-amendment fourth-amendment habeas-corpus ineffective-assistance sixth-amendment strickland-standard Whether the Florida courts of appeals provide for evidentiary hearings to determine Strickland's mixed question of law and fact
22-478 David M. Greco v. Matthew J. Platkin, Attorney General of New Jersey, et al. Third Circuit 2022-11-21 Denied Response Waived 4th-amendment civil-procedure civil-rights constitutional-challenge due-process erpo-act fourth-amendment standing state-court-proceedings younger-abstention Whether the fact that the challenged portions of New Jersey's ERPO Act are flagrantly and patently violative of the Fourth Amendment bars the Federal …
22-6127 In Re Harry Sur Green, III, et ux. 2022-11-21 Denied IFP cell-phone-data fourth-amendment fourth-amendment-jurisprudence privacy reasonable-expectation-of-privacy search-and-seizure Whether the government's warrantless seizure of a person's cell phone location data violates the Fourth Amendment's protection against unreasonable se…
22-6075 Raheem Davis, aka Raheen Davis v. United States Second Circuit 2022-11-16 Denied Response WaivedIFP cell-phone-data constitutional-law fourth-amendment fourth-amendment-jurisprudence privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
22-6053 Charles Skaggs, Jr. v. United States Seventh Circuit 2022-11-14 Denied Response WaivedIFP border-search border-searches electronic-device electronic-devices fourth-amendment probable-cause reasonable-suspicion warrant-requirement warrantless-search Does the Fourth Amendment require warrants for border searches of electronic devices?
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…
22-6026 Robert C. Stryker v. Wisconsin Wisconsin 2022-11-09 Denied Response WaivedIFP computer-evidence computer-files criminal-procedure evidence fourth-amendment search-and-seizure social-worker-patient-privilege social-worker-privilege state-court-review warrantless-search Were the petitioner's Fourth Amendment rights violated when the contents of computer files held in evidence against him were revealed in warrantless s…
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…
22-6024 Orentha James Pea v. United States Fifth Circuit 2022-11-08 Denied Response WaivedIFP consent consent-search criminal-procedure fernandez-rule fernandez-v-california fourth-amendment physical-presence randolph-exception randolph-v-california search-and-seizure warrantless-search Whether the Fourth Amendment requires the objecting party to be physically present on the premises at the time of the search for the objection to be v…
22-6007 Jerry Word v. John Christiansen, Warden Sixth Circuit 2022-11-07 Denied Response WaivedIFP civil-procedure due-process evidentiary-hearing fourth-amendment fraud-upon-court fraud-upon-the-court ineffective-assistance-counsel prosecutorial-misconduct remand search-and-seizure standing Whether lower courts may reject a claim of fraud upon the court without addressing the issue or remanding the case
22-5996 Ricky D. Runner v. United States Fourth Circuit 2022-11-04 Denied Response WaivedIFP anonymous-informant cbd-oil fourth-amendment law-enforcement-search plain-view-doctrine probable-cause stem-pipe warrantless-search Whether the district court violated Ricky Runner's rights under the Fourth Amendment
22-5968 Grant Manaku v. United States Ninth Circuit 2022-11-01 Denied Response WaivedIFP criminal-procedure due-process fourth-amendment law-enforcement rule-41 search-warrant warrant-service Did the agents deliberately violate the federal rule of criminal procedure—Rule 41(f)(1)(C)—that requires agents to serve a warrant when that warrant …
22-5925 Christopher Santillanes Ceja v. United States Ninth Circuit 2022-10-27 Denied Response WaivedIFP 4th-amendment criminal-investigation drug-trafficking fourth-amendment investigative-duration law-enforcement probable-cause reasonable-suspicion traffic-stop Was the traffic stop of Mr. Ceja unreasonably prolonged?
22-5898 Daren W. Phillips v. United States Ninth Circuit 2022-10-25 Denied Response WaivedIFP 4th-amendment civil-rights fourth-amendment government-search physical-trespass privacy privacy-expectation property-rights search-and-seizure search-warrant trespass Whether a wholly privacy-based exception to the Fourth Amendment's search warrant requirement can apply to exempt the government's search when it is a…
22-377 Steven Elmer Hinds v. Texas Texas 2022-10-24 Denied Relisted (2) 4th-amendment 5th-amendment 6th-amendment constitutional-amendments due-process equal-protection fifth-amendment fourth-amendment policing-for-profit sixth-amendment Is Texas Penal Code (T.P.C.) § 42.105 repugnant to the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 13th and 14th Amendments to the Constitution?
22-378 Steven Elmer Hinds v. Texas Texas 2022-10-24 Denied Relisted (2) 4th-amendment 6th-amendment civil-rights constitutional-violations due-process equal-protection fourth-amendment policing-for-profit sixth-amendment state-prosecution Is Texas Penal Code (T.P.C.) § 42.105 repugnant to the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 13th and 14th Amendments to the Constitution?
22-5896 Douglas Marshall Jackson v. Mark S. Inch, et al. Eleventh Circuit 2022-10-24 Denied Relisted (2)IFP civil-rights court-order fourth-amendment government-demand unreasonable-searches unreasonable-seizures Whether a government-imposed and implemented demand for a 'court order' violates the Fourth Amendment's prohibition against unreasonable searches and …
22-5846 Michael Pacelli v. United States Fourth Circuit 2022-10-18 Denied Response WaivedIFP 4th-amendment due-process effective-assistance-of-counsel exclusionary-rule fourth-amendment ineffective-assistance jurisdiction search-and-seizure statute-of-limitations warrantless-search Can a law enforcement agency seize evidence or record private phone calls without a warrant, and then use the gathered evidence against a defendant?
22-5858 Heather Nicole Trogdon v. United States Eighth Circuit 2022-10-18 Denied Response WaivedIFP 4th-amendment 5th-amendment criminal-procedure eighth-circuit evidence fourth-amendment inevitable-discovery inventory-search policy probable-cause Does the inevitable discovery doctrine apply when it is based on the expectation that an inventory search of an arrestee's backpack will occur at the …
22-5863 Arlandis Shy v. United States Sixth Circuit 2022-10-18 Denied Response WaivedIFP 4th-amendment 6th-amendment apprendi-v-new-jersey due-process fair-trial fourth-amendment jury-instruction probable-cause search-warrant sixth-amendment unreasonable-search Whether the district court clearly erred by failing to properly instruct the jury, in violation of Apprendi v. New Jersey, and by admitting Defendant …
22-354 Lorenzo Shelton v. United States Sixth Circuit 2022-10-14 Denied Response Waived cell-phone-search circuit-split fourth-amendment law-enforcement parolee parolee-search privacy privacy-protection residence search standing Whether the Fourth Amendment's privacy protections prevent law enforcement from searching places where a parolee has standing but are not unambiguousl…
22-355 Kathy Lynn Carter v. Department of Defense Federal Circuit 2022-10-14 Denied Response Waived administrative-procedure agency-action cell-phone-data due-process fourth-amendment fourth-amendment-jurisprudence merit-system privacy reasonable-expectation-of-privacy search-and-seizure telework-agreement unexcused-leave Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's prohibition on unreasonable sear…
22-5806 Jessica Lynne Gould v. Isaiah Ben Johnson Missouri 2022-10-12 Denied Response WaivedIFP 4th-amendment child's-passport due-process fourth-amendment international-travel parental-rights passport-restriction state-court-authority state-courts warrantless-seizure Does the 4th Amendment protect parents against the warrantless seizure of their child's passport by state courts
22-5809 Sirron Moralez v. United States Sixth Circuit 2022-10-12 Denied Response WaivedIFP constitutional-rights container fourth-amendment law-enforcement-conduct probable-cause search-and-seizure seizure totality-of-the-circumstances traffic-stop vehicle-search Does an empty container with 'THC' on the cover justify an extended detention in a traffic stop and support the seizure of the driver and search of th…
22-5821 Felipe Noriega, Jr. v. United States Eighth Circuit 2022-10-12 Denied Response WaivedIFP civil-rights constitutional-law criminal-procedure due-process fourth-amendment reasonable-suspicion search-and-seizure seizure traffic-stop Whether the Fourth Amendment allows a police officer to extend a concluded traffic stop based on minimal, if any, suspicious factors
22-5774 Dajuan L. Banks v. Ohio Ohio 2022-10-05 Denied IFP court-of-record evidence-forgery forged-document fourth-amendment judicial-record record res-judicata search-warrant Are the rights protected under the Fourth Amendment offended where a search warrant affidavit and warrant were not entered on the record?
22-5735 Thomas A. Scott v. Lonnie Oliver, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2022-10-03 Denied IFP constitutional-rights criminal-procedure due-process fair-trial fifth-amendment fourteenth-amendment fourth-amendment judicial-integrity judicial-review manifest-injustice sixth-amendment Does the judgement of sentence represent a manifest injustice warranting the supervisory powers of this honorable court as it shakes societys confiden…
22-5741 Anthony Delano Hylton, Jr. v. United States Ninth Circuit 2022-10-03 Denied Response WaivedIFP criminal-history criminal-procedure detention-duration fourth-amendment law-enforcement-inquiry prolonged-detention rodriguez-precedent rodriguez-v-united-states traffic-stop Does This Court's Decision in Rodriguez v. United States permit any criminal history inquiry at any traffic stop no matter how long the inquiry takes?
22-5744 Warne Keahi Young v. Hawaii Island Humane Society, et al. Hawaii 2022-10-03 Denied IFP animal-seizure collateral-estoppel fourth-amendment hawaii-state-court intentional-infliction-of-emotional-distress law-enforcement negligence reasonableness reasonableness-standard search-and-seizure Is the standard of reasonableness under the Fourth Amendment the same as the standard of reasonableness under negligence such that a finding of reason…
22-5745 Deron Devaughn Mahone v. Georgia, et al. Eleventh Circuit 2022-10-03 Denied Response WaivedIFP 4th-amendment civil-rights due-process evidence-suppression fourth-amendment material-omission probable-cause qualified-immunity search-and-seizure search-warrant warrant-application Whether a reasonable officer would have known that Officer Stewart's warrant affidavit failed to establish probable cause and that he should not have …
22-5726 Veronica Gonzalez-Carmona v. United States Eighth Circuit 2022-09-30 Denied Response WaivedIFP credibility drug-interdiction fourth-amendment law-enforcement officer-testimony rodriguez-precedent rodriguez-v-united-states safety-valve-relief traffic-stop whether-officer's-interspersed-drug-interdiction-questions-extend-traffic-stop
22-5684 Victor Gavillan Martinez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-09-27 Denied IFP 14th-amendment 4th-amendment 6th-amendment criminal-procedure due-process evidence-suppression fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment warrantless-search Whether Petitioner's Fourth, Sixth, and Fourteenth Amendment Rights to the United States Constitution Require this Court to vacate Petitioner's convic…
22-5697 Robert Capelli v. United States Second Circuit 2022-09-27 Denied Response WaivedIFP civil-procedure constitutional-law criminal-procedure fourth-amendment private-plane search search-and-seizure vehicle-exception warrant-requirement Whether the vehicle exception to the Fourth Amendment's warrant requirement applies to the search of a private plane
22-275 Benjamin Braam, et al. v. Kevin A. Carr, Secretary, Wisconsin Department of Corrections Seventh Circuit 2022-09-23 Denied criminal-justice fourth-amendment gps-tracking lifetime-monitoring post-supervision sex-offender sex-offenders special-needs special-needs-doctrine totality-of-the-circumstances Whether the Wisconsin Department of Corrections' program categorically requiring lifetime GPS tracking of individuals who have been convicted of certa…
22-5653 Deryl Dude Nelson v. Michigan Michigan 2022-09-23 Denied IFP civil-rights criminal-procedure due-process evidence-hearing fourth-amendment fraud judicial-misconduct probable-cause standing state-court-procedure warrant-fraud Did the state court err in not conducting an evidentiary hearing for petitioner's fraud upon the court and Fourth Amendment issue?
22-5620 Ebrahim Kalatehe v. United States Ninth Circuit 2022-09-20 Denied Response WaivedIFP appellate-procedure criminal-procedure due-process evidence-collection fourth-amendment judicial-review pen-register standing third-party-doctrine waiver Whether the government may use information obtained through a pen register against an individual over whom the government did not obtain a pen registe…
22-5583 John Doe v. Harris County, Texas, et al. Fifth Circuit 2022-09-15 Denied Response WaivedIFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its application of the Fourth Amendment's prohibition on unreasonable searches and seizures
22-244 Stephen A. Tanner v. Idaho Department of Fish and Game, et al. Ninth Circuit 2022-09-14 Denied Response Waived executive-branch fourth-amendment game-check-stations roadblocks separation-of-powers wildlife-management Whether the Director and Officers of the State of Idaho Department of Fish and Game violate the Separation of Powers doctrine
22-233 Paul Chretien v. United States Third Circuit 2022-09-13 Denied Response Waived child-pornography fourth-amendment google-cloud probable-cause search-warrant stale-evidence staleness Whether the Fourth Amendment allows a finding of probable cause for a search warrant for child pornography in a private home based solely, and without…
22-236 Jake J. McGovern v. Nebraska Nebraska 2022-09-13 Denied Response Waived cell-phone cell-phone-search exclusionary-rule fourth-amendment good-faith-exception overbroad probable-cause search-and-seizure warrant-scope Is a warrant to search a cell phone overbroad, in violation of the Fourth Amendment, if it authorizes the search of evidence on the phone in addition …
22-207 Volodymyr Kvashuk v. United States Ninth Circuit 2022-09-08 Denied Response Waived and injection of vague 'cybercrime' concepts automatic justification of law enforcement invasi cybercrime electronic-devices electronic-search fourth-amendment home-invasion home-search law-enforcement nexus nexus-analysis search-and-seizure unfounded-presumptions Whether the Ninth Circuit's analytical approach in weighing 'the nature of cybercrime' into its assessment of nexus to search one's home violates the …
22-5508 Hanford Chiu v. United States First Circuit 2022-09-06 Denied Response WaivedIFP criminal-procedure due-process exculpatory-evidence federal-rules-of-evidence fourth-amendment good-faith-exception probable-cause search-warrant Whether a faulty search warrant that was executed without probable cause and without a good faith exception violates Fourth Amendment protections
22-5510 Ronald Lebed, Sr. v. Florida Florida 2022-09-06 Denied Response WaivedIFP constitutional-rights fourteenth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct search-and-seizure sixth-amendment Whether the Fifth District Court of Appeal violated the petitioner's Fourth, Sixth and Fourteenth Amendment rights
22-167 Daniel J. Van Linn v. Wisconsin Wisconsin 2022-08-23 Denied Amici (1)Response Waived circuit-split evidence-admissibility exclusionary-rule fourth-amendment independent-source objective-inquiry reasonable-officer subjective-inquiry Whether a court seeking to determine if a source of evidence is 'genuinely independent' for purposes of the 'independent source' exception to the excl…
22-5373 Berenice Del Angel v. United States Fifth Circuit 2022-08-17 Denied Response WaivedIFP constitutional-limits fourth-amendment law-enforcement rodriguez scope-of-detention seizure traffic-stop warrantless-detention Whether the Fourth Amendment prohibits a police officer from continuing his warrantless detention of a motorist after the officer has announced that h…
22-5286 Jesse James Palato v. Dwayne Hamilton, et al. Ninth Circuit 2022-08-05 Denied Response WaivedRelisted (2)IFP 4th-amendment anonymous-messages anonymous-messaging certificate-of-appealability fourth-amendment probable-cause search-and-seizure social-media probable-cause,anonymous-messages,social-media,4th-amendment,search-and-seizure,certificate-of-appealability
22-5298 Seth Anthony Johnson v. United States Ninth Circuit 2022-08-05 Denied Response WaivedIFP cell-phone-privacy fourth-amendment homeland-security homeland-security-search privacy-interest probation-condition probation-officer search-condition supervised-release warrantless-search Whether the Ninth Circuit improperly ruled that Mr. Johnson's supervised release search condition substantially diminished his weighty privacy interes…
22-5282 Cory Mingo v. Florida Florida 2022-08-04 Denied Response WaivedIFP 4th-amendment 6th-amendment cell-site-location-information criminal-procedure due-process fourth-amendment ineffective-assistance probable-cause search-and-seizure sixth-amendment warrantless-search Whether the Petitioner was deprived of the effective counsel
22-5250 Ella W. Horn v. Experis US Inc. Ninth Circuit 2022-08-02 Denied Response WaivedIFP cell-site-location-information fourth-amendment fourth-amendment-privacy fourth-amendment-reasonableness fourth-amendment-standing warrantless-search Whether the government's warrantless seizure and search of a person's historical cell-site location information violates the Fourth Amendment's prohib…
22-87 Arthur O. Armstrong v. United States District Court for the Eastern District of North Carolina Fourth Circuit 2022-07-29 Denied 14th-amendment 4th-amendment civil-rights conspiracy constitutional-rights due-process fourteenth-amendment fourth-amendment standing Whether respondents acted in a conspiracy to deprive the appellant of liberty and property without due process
22-5213 Clifford Lavern Stokes v. United States Ninth Circuit 2022-07-28 Denied Response WaivedIFP 4th-amendment attenuation-doctrine civil-rights due-process fourth-amendment intervening-circumstance reasonable-suspicion rodriguez-standard search-and-seizure traffic-stop warrant-check Whether a warrant check of a passenger that extends a valid traffic stop is a per se 'fishing expedition' under the attenuation doctrine
22-5205 Layla Coriz v. New Mexico New Mexico 2022-07-27 Denied IFP cell-phone-data due-process fourth-amendment privacy search-and-seizure standing Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
22-5207 Brandon L. Cooper v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-07-27 Denied IFP brady-v-maryland due-process fifth-amendment fourth-amendment habeas-corpus ineffective-assistance-of-counsel Whether the lower court's decision was based on an unreasonable application of clearly established federal law
22-5083 William Wellington Hooper, Jr. v. United States Fourth Circuit 2022-07-13 Denied Response WaivedIFP criminal-procedure double-jeopardy due-process eighth-amendment fair-trial fourth-amendment search-and-seizure sentencing Were Mr. Hooper's cell phones seized in violation of his Fourth Amendment right against unreasonable search and seizure?
22-5080 Jacky Cardale Mayfield v. Oklahoma Oklahoma 2022-07-12 Denied IFP confidential-witness due-process Fourth-Amendment Fourth-Amendment-search In-camera-hearing ineffective-counsel Probable-cause search-warrant Shackling Witness-testimony Fourth-Amendment,Fourth-Amendment-search,Probable-cause,Witness-testimony,In-camera-hearing,Shackling,Eyewitness-identification,Ineffective-assistance…
22-5065 O. L. v. Liliana Jara, et al. Ninth Circuit 2022-07-11 Denied Response WaivedIFP cell-phone-search consent digital-duplication fourth-amendment possessory-interest privacy search-and-seizure seizure When a crime victim's cell phone is searched, what is the scope of consent?
22-13 Nicholas James Imhoff v. United States Ninth Circuit 2022-07-05 Denied Response Waived 4th-amendment fourth-amendment probable-cause reasonable-suspicion rental-car search-and-seizure traffic-stop vehicle-search Whether a person driving a rental car is sufficient factual basis during a routine traffic stop to create reasonable suspicion to perform a vehicle se…
22-5022 Ronald Wayne Thrasher v. United States Ninth Circuit 2022-07-05 Denied Response WaivedIFP 4th-amendment civil-rights confidential-informant due-process fourth-amendment probable-cause search-warrant self-corroboration warrant-particularity When probable cause is based on a confidential informant, is it sufficient for law enforcement to establish the informant's reliability by the informa…
22-5016 Christopher Lee Bryant v. United States Sixth Circuit 2022-07-01 Denied Response WaivedIFP corroboration criminal-procedure fourth-amendment police-investigation probable-cause recently-arrested-person search-and-seizure warrant warrant-requirement Does the Fourth Amendment require police officers to corroborate information obtained from a recently arrested person, whom officers did not know unti…
22-8 Anthony Momphard, Jr., Individually and in His Official Capacity as a Deputy Sheriff of the Macon County Sheriff's Department, et al. v. Melissa B. Knibbs, as Personal Representative of the Estate of Michael Scott Knibbs Fourth Circuit 2022-07-01 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights constitutional-rights deadly-force due-process fourth-amendment law-enforcement police-use-of-force qualified-immunity use-of-force Whether the Fourth Circuit erred in finding that a reasonable officer in Deputy Momphard's position would not have perceived a danger that justified l…
22-5013 In Re Megan Kyte 2022-06-30 Denied IFP 4th-amendment due-process false-arrest fourth-amendment habeas-corpus malicious-prosecution search-and-seizure sixth-amendment unreasonable-search Was petitioner denied her Fourth Amendment right to a pro se habeas corpus
21-8260 Tracy Garrett v. Warden, FCC Coleman-USP II Eleventh Circuit 2022-06-29 Denied Response WaivedIFP 4th-amendment appellate-review certiorari-standard circuit-split consent constitutional-violation federal-question fourth-amendment search-and-seizure supervisory-power warrantless-search Whether the 11th Circuit erred in declining to entertain a 4th Amendment violation issue
21-8238 James Seeley v. United States Second Circuit 2022-06-27 Denied Response WaivedIFP 18-usc-2252a constitutional-interpretation criminal-procedure due-process fourth-amendment proportionality sentencing-commission sentencing-guidelines sixth-amendment statutory-authority statutory-interpretation What is the correct United States Sentencing Guideline for a conviction under 18 U.S.C. 2252A?
21-8210 Ralph William Lee, III v. Maryland Maryland 2022-06-23 Denied Response WaivedRelisted (2)IFP civil-rights confidential-documents constitutional-law constitutional-rights criminal-procedure due-process fourth-amendment right-to-counsel unreasonable-seizure waiver warrantless-search Did the lower court violate Maryland Rule 4-215 and Appellant's constitutional rights by failing to ensure that he knowingly and voluntarily waived hi…
21-8197 Michael James Bosman v. United States Tenth Circuit 2022-06-22 Denied Response WaivedIFP alternatives criminal-procedure fourth-amendment law-enforcement-conduct police-conduct precedent probable-cause reasonableness reasonableness-standard search-and-seizure seizure Did the Tenth Circuit misapply this Court's precedent, and wrongly reject Mr. Bosman's Fourth-Amendment-claim, when it dismissed the availability of a…
21-8200 Daniel Louis Jackson v. United States Eighth Circuit 2022-06-22 Denied Response WaivedIFP fourth-amendment ineffective-assistance kimmelman-v-morrison privacy-rights probable-cause search-and-seizure standing strickland-v-washington warrant-particularity whether-counsel-provided-ineffective-assistance-for-failing-to-file-a-meritorious-motion-to-suppress
21-8202 Eric Watkins v. Officer Shields, et al. Eleventh Circuit 2022-06-22 Denied IFP civil-procedure civil-rights digital-search due-process fourth-amendment government-action probable-cause property-rights search-and-seizure takings territorial-jurisdiction warrant-authority Whether the government's seizure of a person's property without just compensation violates the Takings Clause of the Fifth Amendment
21-8177 Marlin Larice Joseph v. Florida Florida 2022-06-17 Denied IFP constitutional-safeguards cruel-and-unusual-punishment death-penalty due-process eighth-amendment fourth-amendment geographic-arbitrariness sixth-amendment standards-of-decency Does the death penalty violate the Eighth Amendment?
21-8179 Terrance Washington v. Eric Tice, Superintendent, State Correctional Institution at Somerset, et al. Third Circuit 2022-06-17 Denied Response WaivedIFP civil-rights criminal-procedure fourth-amendment probable-cause search-and-seizure warrant-requirement Whether petitioners' Fourth Amendment rights were violated when they were arrested without a warrant and subjected to a warrantless search and seizure
21-8150 Lorenzo Shelton v. United States Sixth Circuit 2022-06-16 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-privacy exclusionary-rule fourth-amendment parole parole-conditions reasonable-suspicion search-and-seizure warrantless-search Whether the lower courts erred in allowing the Petitioner's cell phone to be searched just because he was on State parole
21-8154 Anthony Brian Williamson v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2022-06-16 Denied Response WaivedIFP bulk-data-collection fourth-amendment fourth-amendment-jurisprudence fourth-amendment-protections surveillance-techniques unreasonable-searches-and-seizures Whether the FBI's use of bulk data collection and surveillance techniques violates the Fourth Amendment's protections against unreasonable searches an…
21-8134 Jacquere Doran v. United States Eighth Circuit 2022-06-14 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure district-court fourth-amendment ineffective-assistance ineffective-assistance-of-counsel legal-procedure waiver Whether the District Court Erred in Ruling that Petitioner Waived an Ineffective Assistance of Counsel Claim Based on a Fourth Amendment Violation?
21-1559 Sharon Powell, as Executrix of the Estate of William David Powell, et al. v. Jennifer Snook, as Executrix for the Estate of Patrick Snook Eleventh Circuit 2022-06-14 Denied civil-rights constitutional-rights deadly-force due-process fair-notice fourth-amendment qualified-immunity totality-of-the-circumstances use-of-force When the unconstitutionality of an officer's conduct is obvious, must the court, in addressing the 'clearly established law' prong of a qualified immu…
21-8115 Latoya Nicole Carter v. Virginia Virginia 2022-06-10 Denied Response WaivedIFP civil-rights constitutional-rights fourth-amendment home-entry law-enforcement search-and-seizure trespass unlawful-arrest use-of-force Whether the Fourth Amendment forbids a law enforcement officer from trespassing into a resident's home by shoving his foot into the doorway through th…
21-1540 Nita Gordon, Personal Representative of the Estate of Antonio Gordon v. Keith Bierenga Sixth Circuit 2022-06-08 Denied Relisted (2) 42-usc-1983 4th-amendment civil-rights constitutional-violation excessive-force fourth-amendment police-misconduct police-use-of-force precedent qualified-immunity section-1983 Whether qualified immunity protects government officials when no prior precedent exists recognizing the unconstitutionality of a fact pattern exactly …
21-8081 Moses Clark v. California California 2022-06-07 Denied Relisted (2)IFP civil-rights constitutional-violation criminal-procedure double-jeopardy due-process fourteenth-amendment fourth-amendment habeas-corpus plea-agreement preliminary-hearing prosecutorial-misconduct Whether the state court violated the defendant's Fourth Amendment rights by bringing the defendant before the magistrate within 48 hours after arrest
21-8069 Billy Wayne Lewis v. Texas Texas 2022-06-06 Denied IFP 4th-amendment appellate-review circuit-split constitutional-interpretation criminal-procedure fourth-amendment rodriguez-precedent rodriguez-v-united-states search-and-seizure supreme-court-guidance unreasonable-search Has the Tenth Court of Appeals of the State of Texas made a decision in this instant case that is in direct conflict with this Court's decision and gu…
21-8049 Thomas Tate Tunstall v. Hope Daigle, fka Hope D. Theriot Fifth Circuit 2022-06-03 Denied Response WaivedIFP 11th-amendment 4th-amendment civil-rights due-process eleventh-amendment equal-protection ex-parte-young fourth-amendment section-1983 statute-of-limitations Whether the doctrine of Ex parte Young allows a federal court to exercise jurisdiction over a claim seeking return of illegally seized property
21-1522 Wayne Torcivia v. Suffolk County, New York, et al. Second Circuit 2022-06-03 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-rights fourth-amendment home-entry qualified-immunity special-needs-exception state-actors warrant-requirement Whether a 'special-needs exception' allows warrantless entry into a home
21-1525 Antonio Daron Futrell v. Virginia Virginia 2022-06-03 Denied Response RequestedResponse WaivedRelisted (2) abandonment abandonment-exception cell-phone-privacy cell-phones digital-data digital-privacy fourth-amendment riley-precedent riley-v-california search-and-seizure warrantless-search Whether the abandonment exception to the Fourth Amendment's warrant requirement allows the Government to conduct warrantless searches of the digital d…
21-8033 Jesus Francisco Fernandez v. United States Tenth Circuit 2022-06-02 Denied IFP appellate-review circuit-split criminal-procedure federal-rules federal-rules-of-criminal-procedure fourth-amendment good-cause plain-error plain-error-review pretrial-motions When a defendant raises a derivative theory on appeal that was not raised in a timely suppression motion in district court
21-8037 Larry Blakney v. South Carolina Law Enforcement Division, et al. Fourth Circuit 2022-06-02 Denied Response WaivedIFP civil-rights due-process electronic-privacy fourth-amendment privacy probable-cause search-and-seizure standing traffic-stop warrantless-search Whether the court erred in allowing the warrantless surveillance and search of the petitioner's cell, which violated his Fourth Amendment rights
21-8038 Alberic Nault v. California California 2022-06-02 Denied Response WaivedIFP blood-draw breath-test fourth-amendment medical-condition probable-cause search-and-seizure unconscious warrant-requirement warrantless-search Whether the Fourth Amendment always permits a warrantless blood draw without consideration of the totality of the circumstances
21-8018 Ramon Ortiz Perez v. Giselle Matteson, Warden Ninth Circuit 2022-06-01 Denied Response WaivedIFP court-appointed-counsel criminal-procedure exclusionary-rule fourth-amendment habeas-corpus in-forma-pauperis ninth-circuit search-and-seizure standing supreme-court-rules writ-of-certiorari Whether the Ninth Circuit erred in affirming the district court's denial of petitioner's motion to suppress evidence obtained in violation of the Four…
21-7982 In Re Mo Savoy Hicks 2022-05-27 Denied IFP actual-innocence deceptive-testimony excited-testimony excited-utterance forensic-evidence forensic-exposition fourth-amendment legal-relief miscarriage-of-justice perjury Does the novel issue, Forensic Exposition, demonstrate deceptive testimony and establish actual innocence?
21-7954 Jordan Monroe v. United States First Circuit 2022-05-25 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights district-court-discretion exclusionary-rule fourth-amendment prima-facie-showing probable-cause search-and-seizure warrant warrant-validity Is the warrant herein an invalid search and seizure warrant?
21-7973 In Re Roberto Villarreal 2022-05-25 Denied IFP 4th-amendment 5th-amendment certificate-of-appealability constitutional-rights criminal-procedure due-process fourth-amendment habeas-corpus liberty-interest marijuana-criminalization Whether the Supreme Court will grant a writ of habeas corpus to review the denial of a certificate of appealability for habeas relief
21-1482 Dequantey Maurice Williams v. United States Fourth Circuit 2022-05-25 Denied Response Waived 4th-amendment criminal-procedure evidence fourth-amendment law-enforcement motion-to-suppress plain-view-doctrine probable-cause search-and-seizure vehicle-search Whether the United States District Court For The Middle District Of North Carolina Erred in Denying Mr. Williams's Motion to Supress evidence related …
21-1486 Nancy Catherine Powers v. Alabama Alabama 2022-05-25 Denied Response RequestedResponse WaivedRelisted (2) fourth-amendment premises-warrant probable-cause search-and-seizure search-warrant totality-of-the-circumstances unreasonable-search visitor visitor-rights warrantless-search Whether the search of a purse in the possession of a visitor present at a residence during the execution of a premises warrant violates the Fourth Ame…
21-1465 Austin Channing McGraw v. Kentucky Kentucky 2022-05-20 Denied Response Waived 4th-amendment 5th-amendment constitutional-rights criminal-procedure due-process fifth-amendment fourth-amendment self-incrimination warrantless-search Whether the government can advise a jury that a Defendant invoked his right against self-incrimination, and refused a consensual, warrantless search o…
21-7934 Robert Cash Scheuerman v. Kansas Kansas 2022-05-20 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment fourth-amendment passenger-rights privacy probable-cause search-and-seizure standing vehicle-search Whether passengers are categorically unable to challenge the search of a car in which they are the riding unless they can show an ownership or possess…
21-7919 Raul Ambriz-Villa, Jr. v. United States Seventh Circuit 2022-05-19 Denied Response WaivedIFP civil-rights due-process fourth-amendment police-questioning search-and-seizure traffic-stop Does the Fourth Amendment limit police questioning during a traffic stop?
21-7899 Francis Paul Sicola v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-05-18 Denied IFP criminal-procedure exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
21-7889 Zahkuan Bailey-Sweeting, aka Zahkuan Sweeting-Bailey v. Massachusetts Massachusetts 2022-05-17 Denied Response WaivedIFP 14th-amendment 4th-amendment fourth-amendment individualized-suspicion pat-frisk police-hunch police-stop reasonable-suspicion search-and-seizure traffic-stop unreasonable-search Did the pat-frisk of Mr. Bailey-Sweeting violate his right to be free from unreasonable searches under the Fourth and Fourteenth Amendment?
21-7874 William Meyer v. United States Eighth Circuit 2022-05-16 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights consent due-process exigent-circumstances fourth-amendment home-entry knock-and-talk search-and-seizure warrantless-search Whether a homeowner's repeated denials of consent to search during a 'knock and talk' establishes exigent circumstances, specifically that the destruc…
21-7860 Erick Rahumid Hobbs v. United States Fourth Circuit 2022-05-13 Denied Response WaivedIFP cell-site-location-information exigent-circumstances fourth-amendment fourth-circuit imminent-harm warrantless-search Whether law enforcement's warrantless collection of real-time cell-site location information (CSLI) is reasonable under the 'imminent harm' clause of …
21-7865 Kra Deangelo Brooks v. United States Eighth Circuit 2022-05-13 Denied Response WaivedIFP appellate-review district-court eighth-circuit evidence-law fourth-amendment independent-source judicial-procedure murray-v-united-states national-importance search-warrant Whether an appeals court may 'implicitly find' an 'independent source' absent evidence and findings at the district court level
21-7820 Darron Thomas v. United States Third Circuit 2022-05-10 Denied Response WaivedIFP 4th-amendment civil-procedure civil-rights due-process federal-jurisdiction fourth-amendment judicial-misconduct judicial-recusal mandamus-petition probable-cause standing Whether the lower courts erred in denying the petitioner's request for a writ of mandamus to recuse a judge who engaged in wrongful, excessive, inappr…
21-7821 Mandrail Jamar Woodberry v. United States Fourth Circuit 2022-05-10 Denied Response WaivedIFP constitutional-rights criminal-law digital-privacy due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel plea-bargaining probable-cause sentencing unreasonable-search warrantless-search whether-possession-of-a-firearm-beyond-the-five-year-post-release-period-is-a-crime
21-7808 John Edward McIntyre v. United States Fifth Circuit 2022-05-09 Denied Response WaivedIFP criminal-interdiction criminal-procedure equal-protection fourth-amendment high-crime-neighborhood high-crime-neighborhoods law-enforcement probable-cause racial-profiling targeted-enforcement traffic-stop Whether the holding in Whren v. United States should be overruled in cases where a traffic stop is the result of a targeted criminal interdiction oper…
21-7812 Delton Eugene Warren v. United States Fourth Circuit 2022-05-09 Denied Response WaivedIFP circuit-split fourth-amendment judicial-officer judicial-signature original-public-meaning search-warrant starr-v-united-states warrant-clause Whether search warrants must be signed by the issuing judicial officer
21-1422 Brett Ferris v. Chrystal Scism, Individually and as Administratrix of the Estate of Joshua Scism Second Circuit 2022-05-05 Denied Amici (2) 2nd-amendment civil-rights deadly-force due-process fourth-amendment lethal-force police-procedure qualified-immunity self-defense standing use-of-force Does the doctrine of qualified immunity shield a police officer from suit
21-7779 Gilberto Juarez v. California California 2022-05-04 Denied Relisted (2)IFP cell-phone-data digital-privacy fourth-amendment fourth-amendment-jurisprudence privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
21-7764 Kelvin Jones v. South Carolina South Carolina 2022-05-03 Denied Response WaivedIFP anonymous-complaints fourth-amendment marijuana-evidence marijuana-use probable-cause search-warrant trash-pull Whether the Fourth Amendment prohibits the search of a home pursuant to a search warrant based solely on anonymous complaints of short-term traffic an…
21-1396 Dustin Dillard, et al. v. Vicki Timpa, Individually and as Representative of the Estate of Anthony Timpa, et al. Fifth Circuit 2022-04-29 Denied Response Waived 42-usc-1983 4th-amendment bystander-liability civil-rights excessive-force fourth-amendment law-enforcement-liability mental-health-intervention qualified-immunity section-1983 Whether the Fifth Circuit misapplied the Court's qualified-immunity jurisprudence
21-7734 Bruce Mitchell Nicholson v. United States Eleventh Circuit 2022-04-28 Denied Response WaivedIFP civil-procedure criminal-procedure exclusionary-rule fourth-amendment probable-cause reasonableness search-warrant time-limit Does a violation of a time-limit prescribed in a search warrant render a search unreasonable under the Fourth Amendment?
21-7724 Anthony Fields v. United States District of Columbia 2022-04-27 Denied Response WaivedIFP 4th-amendment court-of-appeals evidence-suppression Faretta-v-California fourth-amendment Koon-v-United-States legal-error precedent-interpretation self-representation traffic-stop Whether the court of appeals' decision affirming the denial of Petitioner's request to exercise his right to self-representation while ignoring comple…
21-7732 Oji Konata Markham v. Vicki Janssen, Warden Eighth Circuit 2022-04-27 Denied IFP brady-violation court-of-appeals due-process fair-trial fourth-amendment ineffective-assistance prejudice probable-cause sixth-amendment warrantless-arrest Whether the court of appeals properly assessed prejudice when it considered the Brady v. Maryland, 373 U.S. 83 (1963) violation
21-7699 Eugene Nicholson v. United States Sixth Circuit 2022-04-26 Denied Response WaivedIFP constitutional-rights exclusionary-rule fourth-amendment fourth-amendment-exclusionary-rule good-faith-exception motion-to-suppress probable-cause search-and-seizure search-warrant Whether the good-faith exception to the exclusionary rule applies when the affidavit supporting a search warrant fails to establish a nexus between th…
21-7681 Oniel McKenzie v. United States Second Circuit 2022-04-22 Denied Response WaivedIFP canine-sniff curtilage fourth-amendment law-enforcement privacy-interest privacy-interests search search-and-seizure storage-unit Whether a warrantless canine sniff of the exterior of a private storage unit to detect contraband inside the unit constitutes a search in violation of…
21-7685 Carlos Delgado, aka Los v. United States Second Circuit 2022-04-22 Denied Response WaivedIFP confidential-informant fourth-amendment franks-hearing law-enforcement probable-cause reckless-disregard roviaro-v-united-states search-and-seizure warrant-affidavit Did the DEA task force agent act with reckless disregard for the truth when omitting material information that militated against a finding of probable…
21-1371 Patricia Morrison v. Quest Diagnostics Inc., et al. Ninth Circuit 2022-04-22 Denied Response Waived administrative-procedures administrative-procedures-act civil-rights dna-act dna-evidence due-process exclusionary-rule fourth-amendment hiv-testing innocence-protection-act Whether a petitioner from an estate may seek access to HIV/DNA testing on newly discovered, preserved, biological exculpatory evidence belonging to a …
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
21-7665 Robert Daniel Solove v. United States Eleventh Circuit 2022-04-20 Denied Response WaivedIFP cell-phone-records cell-site-location comprehensive-chronicle fourth-amendment government-access ip-address ip-address-tracking privacy-rights search search-and-seizure user-movement Whether the government conducts a search under the Fourth Amendment when it accesses historical IP address records for a mobile app that provide a com…
21-7639 Elizabeth Carley v. Dwight Neven, Warden, et al. Ninth Circuit 2022-04-18 Denied Response WaivedIFP constitutional-interpretation constitutional-law effective-assistance-of-counsel fourth-amendment search-and-seizure sixth-amendment statutory-interpretation supreme-court-precedent Whether the Fourth Amendment search and seizure issues and Sixth Amendment effective assistance of counsel issues were correctly interpreted, or contr…
21-7597 Clifford Idris Bell v. United States Sixth Circuit 2022-04-12 Denied Response WaivedIFP confidential-informant criminal-procedure fourth-amendment law-enforcement personal-residence probable-cause search-and-seizure search-warrant warrant Whether the Fourth Amendment prohibits the issuance of a warrant and the subsequent search of a personal residence based solely on a confidential info…
21-7585 Jayson McNeil v. United States Fourth Circuit 2022-04-11 Denied Response WaivedIFP constitutional-rights due-process fifth-amendment fourth-amendment motion-to-suppress search-and-seizure traffic-stop Did the Trial Court err in denial of the Petitioner's Motion to Suppress evidence from a traffic stop and resulting search and seizure that was uncons…
21-1344 Christin Campbell-Martin and Adam Scott Leiva v. United States Eighth Circuit 2022-04-11 Denied and established the arrestee's identity secured the arrestee in a police car 4th-amendment arrest-search criminal-procedure established-identity false-identification fourth-amendment incident-to-arrest police-procedure probable-cause search-and-seizure search-incident-to-arrest secured-arrestee vehicle-search Whether police may search a vehicle incident to arrest when the officers have arrested a recent occupant for providing false identification, secured t…
21-7574 Danyel Black v. United States Eleventh Circuit 2022-04-08 Denied Response WaivedIFP armed-career-criminal-act controlled-substances criminal-procedure fourth-amendment prior-conviction probation-search sentencing-enhancement warrantless-search Whether a Florida controlled substances offense can qualify as a predicate 'serious drug offense' under the Armed Career Criminal Act
21-7577 Nicholas N. Kerr v. Florida Florida 2022-04-08 Denied IFP automobile-exception carroll collins-v-virginia constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment fourth-amendment search-and-seizure Whether Petitioner's Fourth, Fifth, and Fourteenth Amendment Rights to the United States Constitution Require this Court to vacate Petitioner's convic…
21-7556 Jeffrey L. G. Johnson, et al. v. Stephen R. Clark, Judge, United States District Court for the Eastern District of Missouri, et al. Eighth Circuit 2022-04-06 Denied Response WaivedIFP administrative-proceedings civil-rights constitutional-rights damages due-process federal-claim federal-damages fourth-amendment governmental-privilege search-and-seizure Does violation of an individual's Fourth Amendment protection against unreasonable search and seizure give rise to a federal claim for damages
21-7564 Armstead Kieffer v. United States Fifth Circuit 2022-04-06 Denied Response WaivedIFP civil-rights constitutional-vagueness due-process federal-jurisdiction fourteenth-amendment fourth-amendment free-speech patent sixth-amendment standing takings Whether the unconstitutionally vague language, struck down by the Court in 185 OG, violates 35 USC 112(b)
21-1330 Arthur O. Armstrong v. City of Conyers, Georgia Eleventh Circuit 2022-04-06 Denied civil-rights due-process equal-protection equal-protection-clause false-reports fourteenth-amendment fourth-amendment official-discrimination racial-profiling search-and-seizure warrantless-search Whether respondent violated the Fourth and Fourteenth Amendments
21-1318 Gregory Bogomol v. United States Fifth Circuit 2022-04-04 Denied Response Waived 28-usc-2255 evidentiary-hearing federal-procedure fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel knock-and-talk motion-to-suppress warrantless-search What is the proper standard for determining when a federal habeas petitioner is entitled to an evidentiary hearing under 28 U.S.C. § 2255?
21-7502 William Dallas Elmore v. United States Sixth Circuit 2022-03-31 Denied Response WaivedIFP civil-rights conflict-among-courts constitutional-rights due-process fourth-amendment law-enforcement personal-property property-seizure seizure unreasonable-search Does the Fourth Amendment prohibit an unreasonable and ongoing seizure of personal property?
21-7508 Draven Greene v. United States Sixth Circuit 2022-03-31 Denied Response WaivedIFP 4th-amendment caretaker-exception constitutional-rights criminal-evidence evidence-suppression exclusionary-rule fourth-amendment police-misconduct search-and-seizure vehicle-search warrantless-search Whether the Fourth Amendment of the U.S. Constitution extends to occupied vehicles
21-7431 William Nobles v. United States Eleventh Circuit 2022-03-23 Denied Response WaivedIFP constitutional-infirmity exclusionary-rule fourth-amendment good-faith-exception law-enforcement-misconduct magistrate-review probable-cause warrant-requirement warrant-validity Whether the good-faith exception should apply when law enforcement officers bury a crucial fact that they knew or should have known would reveal a war…
21-7416 Trevor Dawson Ewers v. Virginia Virginia 2022-03-18 Denied Response WaivedIFP civil-rights concerted-action constitutional-rights fourteenth-amendment fourth-amendment pretextual-stop reasonable-suspicion seizure traffic-stop Where officers work together in concerted action to 'produce' reasonable suspicion when there is none to affect a traffic stop with the sole purpose o…
21-7417 James Ray Davis v. Christopher Morledge, Judge, et al. Eighth Circuit 2022-03-18 Denied IFP cell-phone-data civil-rights due-process fourth-amendment privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
21-7410 In Re Eduardo Pineda 2022-03-17 Denied Relisted (2)IFP constitutional-liberty due-process ex-parte-watkins fifth-amendment fourth-amendment gonzales-v-raich habeas-corpus liberty marijuana marijuana-prohibition Whether the federal prohibition on the cultivation, possession, and consumption of marijuana violates the petitioner's constitutional rights, includin…
21-7387 Henry E. Wood v. United States Seventh Circuit 2022-03-16 Denied Response WaivedIFP 4th-amendment cellphone circuit-split fourth-amendment law-enforcement mobile-phone parolee parolee-rights search-and-seizure warrant-requirement warrantless-search Whether the Seventh Circuit's decision allowing law enforcement officers to conduct a warrantless search of a parolee's mobile phone upon arrest has c…
21-1251 Eric Ibarguen v. New York New York 2022-03-16 Denied Amici (1)Response Waived circuit-split constitutional-rights fourth-amendment home-invasion home-privacy law-enforcement privacy-rights search-and-seizure social-guests unreasonable-search Whether social guests are entitled to Fourth Amendment protection against unreasonable searches of the home they are visiting
21-7339 Robert Donald Gordon v. United States Sixth Circuit 2022-03-11 Denied Response WaivedIFP civil-rights constitutional-jurisdiction constitutional-limits due-process federal-state-powers fifth-amendment fourth-amendment ineffective-counsel jurisdiction procedural-default standing Did the courts act outside of their jurisdictions?
21-7341 Jerry Fruit v. United States Third Circuit 2022-03-11 Denied Response WaivedIFP clearly-established-federal-law clearly-established-law direct-appeal fourth-amendment full-and-fair-litigation habeas-corpus stone-v-powell trial-litigation Whether habeas corpus petitioners have been afforded the opportunity for full and fair litigation of their Fourth Amendment claim
21-7344 Edwin Calligan v. United States Seventh Circuit 2022-03-11 Denied Response WaivedIFP anticipatory-warrant contraband fourth-amendment judicial-review probable-cause search-warrant triggering-event Whether the United States Court of Appeals for the Seventh Circuit decision conflicts with United States v. Grubbs
21-7324 Caleb Guerrier v. United States Third Circuit 2022-03-09 Denied Response WaivedIFP exigent-circumstances fourth-amendment home-arrest law-enforcement-procedure protective-sweep reasonable-suspicion search-and-seizure warrant-exception warrant-requirement Whether the search of the second floor of the petitioner's home was within the 'protective sweep' exception to the warrant requirement when the police…
21-7287 Ivan Cruz-Rivera v. United States First Circuit 2022-03-08 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment informant informant-tip law-enforcement police-officer probable-cause reasonable-suspicion search-and-seizure Whether it is not necessary to evaluate the basis of knowledge underlying an informant's tip if the informant is a police officer
21-7313 Domonick Deshay Wright v. United States Eighth Circuit 2022-03-08 Denied Response WaivedIFP 4th-amendment civil-rights due-process excessive-force fourth-amendment law-enforcement police-misconduct probable-cause qualified-immunity reasonable-suspicion search-and-seizure traffic-stop Whether the lower courts have sanctioned a dangerous expansion of qualified immunity that shields police officers from liability for violating clearly…
21-1216 Yan Ping Xu v. Suffolk County, New York, et al. Second Circuit 2022-03-08 Denied Response Waived 4th-amendment civil-rights due-process fourth-amendment frivolous frivolous-claim privacy-invasion rooker-feldman rooker-feldman-doctrine standing state-court-order warrantless-seizure Whether the appeal has been properly dismissed because it 'lacks an arguable basis either in law or in fact' Neitzke v. Williams, 490 U.S. 319, 325 (1…
21-7298 Dennis Allen Conte, III v. Maryland Maryland 2022-03-07 Denied IFP 4th-amendment civil-rights constitutional-law constitutional-rights due-process fourth-amendment law-enforcement probable-cause search-and-seizure standing Did the lower courts violate Mr. Conte's constitutional rights, including his Fourth Amendment rights?
21-7277 Sadeen Jones v. Pennsylvania Pennsylvania 2022-03-04 Denied IFP carpenter-v-united-states cell-site-location-information criminal-procedure fourth-amendment inevitable-discovery initial-illegal-search probable-cause search-and-seizure search-warrant warrant-requirement Is this matter so identical to Carpenter v. United States that like that case, this Petition for WRIT OF CERTIORARI should be reviewed, and granted re…
21-7279 Charlie Foster v. United States Eighth Circuit 2022-03-04 Denied Response WaivedIFP civil-rights constitutional-law detention due-process fourth-amendment law-enforcement probable-cause search-and-seizure traffic-stop Whether a law enforcement officer may extend a traffic stop by asking for a driver's license and registration after confirming no traffic violation oc…
21-7274 Kaleb L. Basey v. United States Ninth Circuit 2022-03-03 Denied Response WaivedIFP 18-usc-2703 digital-privacy electronic-communications email-preservation fourth-amendment probable-cause reasonable-jurists search-and-seizure warrantless-search Whether reasonable jurists could disagree with the district court's decision that the initial and continuous, nine-month warrantless preservation of B…
21-1204 City of Chico, California, et al. v. Estate of Tyler S. Rushing, et al. Ninth Circuit 2022-03-03 Denied arrest-procedure civil-rights excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity use-of-force Does the Fourth Amendment prevent law enforcement officers from deploying a Taser to safely arrest a suspect who violently attacked the officers but w…
21-1199 Sally Gaetjens v. City of Loves Park, Illinois, et al. Seventh Circuit 2022-03-02 Denied Response Waived civil-rights due-process emergency-aid exigent-circumstances fourth-amendment home-entry probable-cause standing warrant-requirement Whether the exigent circumstances doctrine extends to situations where there is time to obtain a warrant or other judicial process?
21-1181 Lyndsey Ballinger, et al. v. City of Oakland, California Ninth Circuit 2022-02-28 Denied Amici (3) dolan-v-city-of-tigard due-process fourth-amendment nollan-v-california-coastal-commission property-rights seizure state-action takings tenant-rights unconstitutional-conditions Whether the unconstitutional conditions tests in Nollan v. California Coastal Commission and Dolan v. City of Tigard apply to an ordinance that requir…
21-1190 Ramon Rios, III v. Texas Texas 2022-02-28 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment arrest fourth-amendment home-search law-enforcement plain-view-doctrine protective-sweep surveillance warrantless-search Does the Fourth Amendment prohibit a warrantless protective sweep of a home following the arrest of a resident outside his home under surveillance?
21-1179 Eric Lund v. Jeffrey Datzman, et al. Ninth Circuit 2022-02-25 Denied Response RequestedResponse WaivedRelisted (2) 42-usc-1983 civil-rights exclusionary-rule fourth-amendment harmless-error heck-v-humphrey Whether the Heck v. Humphrey bar on § 1983 suits is categorically inapplicable when a convicted individual brings a Fourth Amendment claim seeking dam…
21-7182 Ernest Judge Smith, III v. Florida Florida 2022-02-24 Denied IFP due-process exigent-circumstances fourteenth-amendment fourth-amendment knock-and-announce law-enforcement-tactics probable-cause search-and-seizure unreasonable-search warrantless-arrest Isn't the Fourth and Fourteenth Amendments violated when exigent circumstances are created through police officers use of unreasonable law enforcement…
21-7201 Michael Dewayne Jones v. Oklahoma Oklahoma 2022-02-24 Denied IFP constitutional-law criminal-procedure federal-enclave fourteenth-amendment fourth-amendment state-jurisdiction Did the State of Oklahoma violate Petitioner's Fourth and Fourteenth Amendment rights when they prosecuted this Petitioner's crime which happened on a…
21-1165 Janhoi Cole v. United States Seventh Circuit 2022-02-23 Denied Response Waived civil-rights constitutional-rights criminal-procedure fourth-amendment investigation officer-conduct rodriguez-rule rodriguez-v-united-states traffic-stop unrelated-crimes Whether the extension of a traffic stop for an officer to ask detailed questions about the driver's travel plans violates the Fourth Amendment
21-7153 Arthur Miles v. United States First Circuit 2022-02-17 Denied Response WaivedIFP constitutional-rights fourth-amendment inception-of-stop law-enforcement narrow-shoulder probable-cause reasonable-suspicion traffic-stop weather-conditions Can facts observed or learned by a police officer after he decided to initiate a traffic stop, which traffic stop was delayed a short distance only ba…
21-7114 Robert Noel Smith v. Florida Florida 2022-02-15 Denied Response WaivedIFP 4th-amendment exigent-circumstances felony-fleeing fourth-amendment fresh-pursuit home-entry lange-v-california misdemeanant-pursuit probable-cause vehicle-registration warrantless-search Can State courts lawfully hold evidence admissible obtained from a warrantless search, seizure, and arrest where an officer entered the residence of a…
21-1125 Matthew Schantz v. Benny Deloach Eleventh Circuit 2022-02-15 Denied Response Waived 4th-amendment civil-rights deadly-force fourth-amendment objective-reasonableness police-pursuit qualified-immunity summary-judgment traffic-stop use-of-force Does the Fourth Amendment allow police to use deadly force to prevent the escape of a joyriding motorcyclist?
21-7104 Jeffrey Ryan Simmermaker v. Cedar County Sheriff's Department, et al. Eighth Circuit 2022-02-11 Denied Response WaivedIFP 42-usc-1983 civil-procedure civil-rights confidential-informant due-process fourth-amendment heck-bar heck-barr probable-cause search-warrant section-1983 standing Did the court err in its HECK BARR determination?
21-7095 Paul Anthony Darrah v. United States Sixth Circuit 2022-02-10 Denied IFP enterprise enterprise-existence first-amendment fourth-amendment free-speech jury-instruction jury-instructions necessity-requirement rico-conspiracy title-iii-wiretap wiretap-authorization Should the jury have been allowed to convict on the hypothetical existence of a RICO enterprise?
21-7100 Alkiohn Dunkins v. Pennsylvania Pennsylvania 2022-02-10 Denied IFP cellsite-information constitutional-protections criminal-procedure due-process fourth-amendment law-enforcement privacy privacy-rights search-and-seizure standing Whether the lower courts erred by denying the petitioner's motion to suppress cell-site information
21-7101 Martavis Shawn Demar James v. United States Eighth Circuit 2022-02-10 Denied Response WaivedIFP cell-site-location-information fourth-amendment fourth-amendment-search fourth-amendment-seizure reasonable-expectation-of-privacy standing Whether the Fourth Amendment protects an individual's reasonable expectation of privacy in the historical cell site location information of their cell…
21-7089 LeAndre Jordan v. Ohio Ohio 2022-02-09 Denied Amici (1)Response WaivedIFP 4th-amendment civil-rights constitutional-reasonableness exigent-circumstances fourth-amendment law-enforcement probable-cause unreasonable-seizure warrant-requirement warrantless-arrest Are warrantless, probable cause arrests reasonable when no exigency or contemporaneous crimes are present to excuse the failure to obtain a warrant?
21-1099 Thomas Clayton Steres v. Kevin Curran, Warden, et al. Ninth Circuit 2022-02-08 Denied Response Waived cell-phone-search certificate-of-appealability constitutional-rights criminal-procedure fourth-amendment habeas-corpus ineffective-assistance plea-bargaining right-to-counsel sixth-amendment Whether Thomas Steres received ineffective assistance of counsel
21-1091 Edwin Espejo v. Washington Washington 2022-02-07 Denied clear-and-present-danger community-care-exception community-caretaking domestic-violence due-process fourth-amendment police-entry reasonable-suspicion search-and-seizure Does the community care exception to the fourth amendment allow police officers to remain in a person's home when they have determined that there is n…
21-1092 Aaron Evan Perry v. Tennessee Tennessee 2022-02-07 Denied Response Waived 4th-amendment agency-law civil-rights constitutional-protections constitutional-rights fourth-amendment loss-prevention private-enforcement private-search public-interest state-action state-action-doctrine Whether the distinction between state and private actors has blurred in retail crime investigations
21-7016 Tony Gonzalez v. Rhode Island Rhode Island 2022-02-01 Denied Response WaivedIFP abuse-of-discretion brady-violation cellphone-search criminal-procedure due-process fourth-amendment jury-selection jury-venire motion-to-suppress sixth-amendment standing Did the trial Justice err, when the Jury Venire challenge, had been inappropriately addressed, concerning a proper sixth Amendment challenge? And Tria…
21-7024 Edgar Manuel Sierra-Serrano v. United States Eighth Circuit 2022-02-01 Denied Response WaivedIFP 4th-amendment civil-rights due-process exceptions fourth-amendment judicial-review probable-cause search-and-seizure standard-of-review warrantless-search Has the progeny of 'probable-cause' and the innovations of 'exceptions' to the Fourth-Amendment concerning the justification to advance in a warrantle…
21-7038 Jeremy William Lillich v. United States Eighth Circuit 2022-02-01 Denied Response WaivedIFP criminal-procedure detention fourth-amendment identification reasonable-suspicion search-and-seizure terry-stop warrant-execution Did the lower courts depart from the accepted course of judicial proceedings by allowing detention based on dispelled reasonable suspicion?
21-7004 Adam L. Ware v. United States Seventh Circuit 2022-01-28 Denied Response WaivedIFP affidavit-deficiency civil-procedure deterrence exclusionary-rule fourth-amendment good-faith-exception recurring-negligence standing systemic-negligence Should the good-faith exception apply when an affiant has been repeatedly warned not to submit deficient affidavits?
21-6994 Fernando Lara v. United States Fourth Circuit 2022-01-27 Denied Response WaivedIFP cell-phone exclusionary-rule fourth-amendment privacy probable-cause search-and-seizure Whether the result of an alleged search of Petitioner's cell phone violated his Fourth Amendment rights
21-6961 Mauro C. Palacio v. Justin Caraway, et al. Fifth Circuit 2022-01-26 Denied Response WaivedIFP appellate-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-admission fifth-amendment fourth-amendment judicial-discretion procedural-error Whether the Court of Appeals erred in holding that the petitioner abandoned, through failure to brief, a separate claim that he is subject to an illeg…
21-6939 Clarence Tramiel Beard v. United States Fifth Circuit 2022-01-24 Denied Response WaivedIFP detention fourth-amendment investigatory-detention law-enforcement-procedure mail mail-seizure package-transportation reasonable-suspicion transportation united-states-v-place whether-the-investigatory-detention-and-subsequent-transportation-of-an-item-seized-from-the-mail-intrudes-on-a-possessory-interest-protected-by-the-f…
21-1032 Jason T. Berry v. Federal Bureau of Investigation, et al. First Circuit 2022-01-21 Denied Response WaivedRelisted (2) 4th-amendment cell-phone-intrusion civil-procedure en-banc-review evidence exceptional-importance fbi-abuses fourth-amendment mandate-recall pro-se pro-se-litigation standing Whether additional evidence of claims occurring while a judgment is pending and immediately after case closure merit recall of a mandate
21-6890 Robert William Moats v. United States Fourth Circuit 2022-01-20 Denied Response WaivedIFP civil-rights consensual-encounter consent constitutional-rights criminal-procedure detention fourth-amendment police-detention probable-cause search-and-seizure Whether the majority opinion of the United States Fourth Circuit of Appeals, which held that the defendant had a consensual encounter with police and …
21-6912 Jamar Jones v. United States Seventh Circuit 2022-01-20 Denied Response WaivedIFP appellate-review cell-phone-data constitutional-rights counsel-performance criminal-procedure fourth-amendment fourth-amendment-jurisprudence ineffective-assistance plea-withdrawal privacy reasonable-expectation-of-privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
21-6913 Timothy Dewayne Littlejohn v. Sergeant Bowman, et al. Eleventh Circuit 2022-01-20 Denied Response WaivedRelisted (2)IFP cell-phone-data complaint-amendment digital-privacy district-court-discretion fourth-amendment fourth-amendment-jurisprudence judicial-error leave-to-amend privacy pro-se-pleading procedural-due-process search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
21-6904 Michel Thomas v. Stafflink, Inc., dba Link Staffing Services, et al. Fifth Circuit 2022-01-19 Denied Response WaivedIFP exclusionary-rule fourth-amendment probable-cause qualified-immunity reasonable-suspicion search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
21-6885 Miguel Gonzalez Segovia v. United States Third Circuit 2022-01-18 Denied Response WaivedIFP 4th-amendment evidence-suppression evidentiary-hearing exclusionary-rule fourth-amendment pretrial-motion probable-cause search-and-seizure vehicle-stop Whether the Court erred when it denied Mr. Gonzalez Segovia's pretrial motion to suppress evidence seized pursuant to the vehicle stop
21-6899 John B. Alberts v. Grady Perry, Warden Sixth Circuit 2022-01-18 Denied Response WaivedIFP automobile-exception container criminal-procedure fourth-amendment ineffective-assistance ineffective-assistance-of-counsel laptop-computer laptop-evidence private-property search-and-seizure Whether Trial Counsel was Ineffective for Failing to Move to Suppress Computer Evidence on the Ground that a Search Pursuant to the Automobile Excepti…
21-1014 T. O., a Child, et al. v. Fort Bend Independent School District, et al. Fifth Circuit 2022-01-18 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 14th-amendment civil-rights constitutional-rights due-process excessive-force fourth-amendment pedagogical-purpose public-school qualified-immunity school-officials Whether a public school student is barred from bringing an excessive-force claim alleging a violation of his federal constitutional rights whenever th…
21-6857 Reginald E. Blandford v. New York New York 2022-01-14 Denied IFP drug-sniff founded-suspicion fourth-amendment law-enforcement new-york reasonable-suspicion traffic-stop vehicle-search Whether the Fourth Amendment allows police to extend a traffic stop to conduct a drug sniff without reasonable suspicion of criminal activity
21-6867 Gwendolyn Thorpe v. OneMain Financial Virginia 2022-01-14 Denied Relisted (2)IFP 14th-amendment attorney-misconduct case-reversal civil-procedure disbarment disciplinary-action due-process fourteenth-amendment fourth-amendment procedural-irregularity rule-8 rule-8-violation Question not identified
21-6841 Ada Maria Benson v. Hemet Police Department Ninth Circuit 2022-01-13 Denied Relisted (2)IFP 14th-amendment 42-usc-1983 4th-amendment civil-rights civil-rights-violation color-of-law due-process fourteenth-amendment fourth-amendment police-misconduct probable-cause Whether 42 USC 1983 can protect a law-abiding educated senior-citizen with disabilities from abduction (arrest) without probable-cause or warrant by a…
21-6824 Dwight Frederick Barnes v. United States Eighth Circuit 2022-01-12 Denied Response WaivedIFP constitutional-law criminal-procedure fourth-amendment geolocation-warrant good-faith-doctrine nexus search-and-seizure warrant-requirements warrantless-searches Can the good faith doctrine allow a police officer to rely on a geolocation warrant that lacks any showing of nexus in the application between the lis…
21-6827 Ryan Thomas Pick v. Virginia Virginia 2022-01-12 Denied Response WaivedIFP civil-rights criminal-procedure due-process eighth-amendment electronic-surveillance fifth-amendment fourth-amendment free-speech miranda-rights search-and-seizure sixth-amendment standing 4th-amendment-rights,electronic-communication-privacy-act,5th-amendment-rights,6th-amendment-rights,8th-amendment-rights,sex-offender-registration
21-987 Owolabi Salis v. Alejandro N. Mayorkas, Secretary of Homeland Security Second Circuit 2022-01-11 Denied Response Waived civil-rights constitutional-rights double-jeopardy due-process first-amendment fourth-amendment jurisdiction subject-matter-jurisdiction witness Whether facts brought by a witness before a jury and tried by that jury can be reexamined by the same witness before another body who was also a witne…
21-6788 Bernard Lindsey v. United States First Circuit 2022-01-10 Denied Response WaivedIFP appellate-review cell-phone-search cell-phones drug-crimes drug-investigation fourth-amendment probable-cause search-and-seizure search-warrant warrant-particularity Whether the mere presence of two cell phones in the petitioner's home provided sufficient grounds to search their entire contents
21-975 Idaho v. Aaron James Howard Idaho 2022-01-06 Denied Response RequestedRelisted (2) dog fourth-amendment law-enforcement narcotics-detection probable-cause search search-and-seizure seizure vehicle vehicle-search When officers lawfully deploy a narcotics-detection dog on the exterior of a vehicle and, without any direction, prompting, or facilitation by officer…
21-976 Gregory Thomas Wilson v. Florida Florida 2022-01-06 Denied attorney-client-privilege civil-rights expectation-of-privacy fourth-amendment jail-visitation legal-rights reasonable-expectation-of-privacy sixth-amendment surveillance Whether an attorney has a reasonable expectation of privacy when meeting with clients in the jail attorney visitation room
21-6761 Patrick Killen, Jr. v. United States Eleventh Circuit 2022-01-04 Denied Response WaivedIFP 4th-amendment 5th-amendment 6th-amendment due-process fifth-amendment fourth-amendment mlat mlat-evidence search-warrant sixth-amendment Whether this Court should visit the issue of allowing law enforcement to gather information initiated by the United States to use a Mutual Legal Assis…
21-952 Lamont Lendell Bagley v. Virginia Virginia 2021-12-29 Denied detention fourth-amendment investigatory-detention protective-search protective-search-exception roadside-encounter terry-stop traffic-stop unoccupied-vehicle vehicle-search warrant-requirement Whether the protective search exception to the Fourth Amendment's warrant requirement extends to an unoccupied vehicle if the former occupant is detai…
21-947 Tettus Davis, et ux. v. Jonathon Hodgkiss Fifth Circuit 2021-12-28 Denied Response Waived 4th-amendment civil-procedure civil-rights fourth-amendment franks-challenge interlocutory-appeal probable-cause qualified-immunity search-warrant section-1983 summary-judgment Franks-v-Delaware-violation
21-940 Kentucky v. Jared McCarthy Kentucky 2021-12-27 Denied Amici (1)Response Waived blood-test criminal-procedure due-process evidence evidence-admission fourth-amendment impaired-driving mandatory-minimum search-and-seizure Whether the Fourth Amendment prohibits the admission of a defendant's refusal of a blood test in an impaired-driving prosecution
21-941 Aldo Daniel Gastelum v. United States Eighth Circuit 2021-12-27 Denied circuit-split consensual-search fourth-amendment police-detention probable-cause reasonable-suspicion search-and-seizure state-supreme-court-rulings voluntary-consent whether-search-is-consensual
21-6717 Kenneth Lamont Sanders v. United States Eighth Circuit 2021-12-23 Denied Response WaivedIFP 4th-amendment civil-rights community-caretaking domestic-disturbance due-process emergency-aid fourth-amendment greenlaw-v-united-states party-presentation warrantless-search Whether the 'principle of party presentation' is violated
21-6726 Mark Jason Davis v. Florida Florida 2021-12-23 Denied IFP 4th-amendment drug-detection fourteenth-amendment fourth-amendment k9-sniff police-dog private-property probable-cause search search-and-seizure search-warrant Whether an open-air sniff conducted by a police K9 on private property without a warrant or probable cause constitutes a search
21-934 Lana Weinbach v. The Boeing Company, et al. Eighth Circuit 2021-12-23 Denied Response WaivedRelisted (2) amendment-interpretation capable-of-ascertainment constitutional-rights due-process eighth-circuit escheat-laws fifth-amendment fourteenth-amendment fourth-amendment legal-scrutiny ninth-amendment Whether the Eighth Circuit exceeded its scope in determining a capable-of-ascertainment criterion, and in so doing, infringed upon constitutional-righ…
21-921 Mark A. Witaschek v. District of Columbia District of Columbia 2021-12-22 Denied administrative-summons carpenter-v-united-states digital-privacy fourth-amendment good-faith-exception government-surveillance probable-cause tax-evasion third-party-doctrine Whether the Fourth Amendment's third-party doctrine should be overruled, limited, or held inapplicable
21-922 James Combs v. Indiana Indiana 2021-12-22 Denied Response Waived fourth-amendment open-view-doctrine plain-view-doctrine pre-textual-search private-property vehicle-search warrantless-search Whether the Fourth Amendment's plain view and/or open view doctrines permit a police officer, uninvited and without a warrant, to enter upon private p…
21-6682 Marcus L. Short v. Nebraska Nebraska 2021-12-21 Denied Response WaivedIFP constitutional-law fourth-amendment good-faith good-faith-exception judicial-review leon-standard probable-cause search-warrant united-states-v-leon Whether a reviewing court should ignore the Fourth Amendment analysis and go directly to a good faith analysis under United States v. Leon when an aff…
21-6683 David M. Vines v. City of Black Diamond, Washington, et al. Washington 2021-12-21 Denied Response WaivedIFP arrest-without-warrant civil-rights constitutional-rights fourth-amendment free-speech police-misconduct warrantless-arrest warrantless-search whistleblower whistleblower-protection Whether the State of Washington and the police have decided an important question of Federal law, namely the Fourth Amendment, e.g. arrest without a W…
21-898 Blake Conyers, et al. v. City of Chicago, Illinois Seventh Circuit 2021-12-17 Denied Response RequestedResponse WaivedRelisted (2) circuit-split due-process fifth-amendment fourth-amendment inventory-search municipal-policy property-rights property-seizure May a municipality, consistent with the Fourth and Fifth Amendments and pursuant to an explicit policy, destroy or sell property seized during the inv…
21-901 Casondra Pollreis, on Behalf of Herself and Her Minor Children, W. Y. and S. Y. v. Lamont Marzolf Eighth Circuit 2021-12-17 Denied Amici (3)Response Waived children's-rights civil-rights constitutional-protections fourth-amendment fourth-amendment-expansion law-enforcement-conduct probable-cause search-and-seizure terry-v-ohio Does the Fourth Amendment permit the search and seizure without probable cause of two compliant children, handcuffed and at gunpoint, even after the c…
21-6646 Pedro Alvarado v. United States Fifth Circuit 2021-12-16 Denied Response WaivedIFP 18-usc-111 18-usc-924 borden-v-united-states consent-search criminal-conviction criminal-law fourth-amendment ruse-search statutory-interpretation violent-crime Whether Alvarado's conviction qualifies as a violent crime
21-6599 Jeffrey Clinton Michalik v. United States Fifth Circuit 2021-12-15 Denied Response WaivedIFP civil-rights constitutional-rights custodial-interrogation fifth-amendment fourth-amendment law-enforcement-seizure miranda-warnings seizure Does the holding in Torres v. Madrid require Miranda warnings before custodial interrogation?
21-6615 Fabian I. Sanchez v. United States Tenth Circuit 2021-12-15 Denied Response WaivedIFP civil-rights detention fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure seizure Whether a person may be detained on a hunch after the officer's suspicions have been dispelled
21-6619 Jeremiah Y. Nation v. Scott R. Frakes, Director, Nebraska Department of Correctional Services Eighth Circuit 2021-12-15 Denied Response WaivedIFP appellate-jurisdiction certificate-of-appealability constitutional-violation evidentiary-hearing fourth-amendment habeas-corpus judicial-process legal-review procedural-grounds procedural-review state-court state-court-petition Should a Certificate of Appealability be issued on a Fourth Amendment claim in a Habeas Corpus petition where there was a dispute in the U.S. District…
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
21-6600 Willis Wheeler v. United States Third Circuit 2021-12-14 Denied Response WaivedIFP circuit-split fourth-amendment key-insertion law-enforcement multi-unit-dwelling privacy probable-cause reasonable-expectation search warrantless-search Whether a law enforcement officer's warrantless insertion of keys into a locked apartment door, within a secured multi-unit dwelling, to gain informat…
21-874 Arthur O. Armstrong v. United States District Court for the Eastern District of North Carolina Fourth Circuit 2021-12-14 Denied 14th-amendment 4th-amendment civil-rights due-process equal-protection equal-protection-clause false-reports fourteenth-amendment fourth-amendment official-discrimination search-and-seizure Whether respondents acted in a conspiracy to violate petitioner's constitutional rights
21-6558 Keith Anthony Rosario v. Pennsylvania Pennsylvania 2021-12-10 Denied Response WaivedIFP apparent-authority consent consent-search fourth-amendment law-enforcement reasonable-belief residence search warrant-requirement Does the apparent authority exception to the Fourth Amendment's warrant requirement permit a police officer to reasonably believe a seventeen-year-old…
21-6523 Edward Soybel v. United States Seventh Circuit 2021-12-07 Denied Response WaivedIFP carpenter-v-united-states fourth-amendment internet-protocol ip-address pen-register privacy-expectation probable-cause reasonable-expectation-of-privacy search third-party-doctrine Whether the use of a pen register to identify internet protocol (IP) addresses is a Fourth Amendment search requiring a warrant
21-6535 Jennifer Smith v. William Paul Nichols, et al. Sixth Circuit 2021-12-07 Denied Response WaivedIFP 4th-amendment bivens bivens-action civil-rights constitutional-injury due-process extraterritorial-warrant fourth-amendment monell search-and-seizure search-warrant section-1983 Does forgery, drug distribution, perjured affidavits, defective extraterritorial search warrants, improper execution of search warrants, coupled with …
21-6546 Jorge Delgado-Rivera v. Massachusetts Massachusetts 2021-12-07 Denied Response WaivedIFP cell-phone-privacy constitutional-rights digital-privacy evidence-suppression exclusionary-rule fourth-amendment reasonable-expectation-of-privacy search-and-seizure text-messages Does the Fourth Amendment prevent the government from using a person's sent text messages against them when those messages are obtained through an unc…
21-841 Michael Smallwood v. William Paul Nichols, et al. Sixth Circuit 2021-12-07 Denied Response Waived 4th-amendment civil-rights constitutional-rights due-process equal-protection fourth-amendment government-agency government-liability liberty-interest search-and-seizure standing Can state and federal agencies use private entities as agents to commit unlawful search and seizure and deprivation of liberty interest to medical car…
21-835 Otha Ray Flowers v. United States Fifth Circuit 2021-12-06 Denied 4th-amendment criminal-procedure fourth-amendment high-crime-area illinois-v-wardlow law-enforcement reasonable-suspicion terry-stop terry-v-ohio Whether conduct that is consistent with either lawful or unlawful behavior, and in which law-abiding members of the general public routinely engage, c…
21-6502 Bobby Griffin v. Connecticut Connecticut 2021-12-03 Denied Response WaivedIFP coerced-confession coercive-interrogation constitutional-rights due-process exclusionary-rule false-confession fourth-amendment interrogation-tactics probable-cause warrantless-search Whether Griffin's constitutional rights were violated by the admission of his statement to police and the rifle and ammunition obtained from his home
21-6478 Endalkachew Merid v. Virginia Virginia 2021-12-02 Denied IFP caniglia-v-strom community-caretaking exigent-circumstances fourth-amendment police-entry reasonable-belief suicide-intervention warrantless-entry warrantless-search Whether the warrantless entry and search of Merid's apartment violated the Fourth Amendment
21-6436 Korey Stewart v. United States Second Circuit 2021-11-30 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights criminal-procedure due-process fourth-amendment probable-cause search-and-seizure speedy-trial Whether a reasonable law enforcement officer could have concluded that the evidence provided to the agents of the Drug Enforcement Administration cons…
21-6449 Pizarro Thomas v. United States Fifth Circuit 2021-11-30 Denied Response WaivedIFP 4th-amendment criminal-conduct criminal-procedure fourth-amendment law-enforcement-conduct police-policy reasonable-suspicion terry-stop terry-v-ohio warrantless-seizure Was there reasonable suspicion for Terry stop?
21-789 Casey Benton v. Mary Bradley, as Administrator of the Estate of Troy Robinson, et al. Eleventh Circuit 2021-11-29 Denied clearly-established-law constitutional-rights deadly-force excessive-force fourth-amendment law-enforcement qualified-immunity taser-deployment tennessee-v-garner Whether a police officer is entitled to qualified immunity for deploying a taser to stop a fleeing person on top of an eight-foot wall
21-770 Shelby Hawkins v. Johnny Banks, III Eighth Circuit 2021-11-24 Denied Response RequestedRelisted (2) civil-rights eighth-circuit excessive-force fourth-amendment police-conduct probable-cause qualified-immunity reasonable-force use-of-force Whether the use of force was reasonable
21-6377 Anthony Harris v. J. Philip Morgan, Warden, et al. Fourth Circuit 2021-11-23 Denied IFP constitutional-rights fourteenth-amendment fourth-amendment habeas-corpus probable-cause search-and-seizure warrantless-search Whether the court violated the petitioner's Fourth Amendment and Fourteenth Amendment rights under the U.S. Constitution when the court denied the pet…
21-6392 Janet Berry v. William Paul Nichols, et al. Sixth Circuit 2021-11-23 Denied Response WaivedIFP 42-usc-1983 4th-amendment bivens-claim civil-rights digital-privacy fourth-amendment medical-records search-and-seizure standing state-actors warrantless-search Where a BERT is created by the government accompanied with private entities acting as state actors under the color of law, via an invalid warrantless …
21-6395 Seitu Sulayman Kokayi v. United States Fourth Circuit 2021-11-23 Denied Response WaivedIFP constitutional-rights electronic-surveillance first-amendment fisa-surveillance foreign-intelligence-surveillance-act fourth-amendment probable-cause standing Whether electronic surveillance of a U.S. citizen under FISA violates FISA and/or the First and/or Fourth Amendments
21-6364 Kenneth R. Friend v. United States Eighth Circuit 2021-11-22 Denied Response WaivedRelisted (2)IFP 18-usc-2518 authorization-defect dahda-v-united-states deputy-assistant-attorney-general deputy-attorney-general fourth-amendment good-faith-exception warrant-requirement wiretap-statute Does the good-faith-exception apply to wiretap-statute-violations?
21-6368 Suzanne Elizabeth Wexler v. Texas Texas 2021-11-22 Denied Response WaivedIFP civil-rights due-process fifth-amendment fourth-amendment investigative-detention miranda miranda-custody police-authority search-warrant terry-stop Whether Fourth Amendment reasonableness concerns have any bearing on a determination of custody under Miranda
21-6370 Omil Cotto, aka Omil Gomez, aka Omil Alfredo Gomez v. United States Tenth Circuit 2021-11-22 Denied Response WaivedIFP 4th-amendment cell-phone-seizure cellphones criminal-procedure fourth-amendment overbreadth probable-cause road-rage search-and-seizure search-warrant warrant warrant-overbreadth Whether the search warrant was constitutionally overbroad in authorizing the seizure of 'any cellphones' in the house when officers had no reason to b…
21-752 Rex Hammond v. United States Seventh Circuit 2021-11-19 Denied Amici (1) 4th-amendment carpenter-v-united-states cell-site-location-information exclusionary-rule fourth-amendment good-faith-exception real-time-tracking search warrant-requirement wireless-carrier Whether a government agent's direction to a wireless carrier to send a signal to a person's phone, so that the phone reveals the person's precise loca…
21-6290 George Steven Burch v. Wisconsin Wisconsin 2021-11-16 Denied Response WaivedIFP consent consent-search data-retention digital-privacy fourth-amendment law-enforcement search-and-seizure smartphone-data warrantless-search Whether the Fourth Amendment tolerates the government duplicating, retaining, and warrantlessly searching the entire digital contents of a smartphone …
21-6304 Neng Por Yang v. Ann Marie Holland Minnesota 2021-11-16 Dismissed IFP 14th-amendment 4th-amendment due-process equal-protection fourteenth-amendment fourth-amendment harassment-restraining-order judicial-jurisdiction pro-se Whether the Minnesota Court of Appeals decision to continue the enforcement of a fraudulent and pretentious state harassment restraining order to an i…
21-6305 Eric Volk v. State Bar of California California 2021-11-16 Denied Response WaivedIFP civil-rights constitutional-rights digital-evidence disciplinary-proceedings due-process evidence fourth-amendment law-enforcement legal-representation professional-conduct search-and-seizure warrant-requirement Can The Spate bar of CAIIFOCWA cJos2 . a Complaint an my BHerreo Ms. Lance Brown, Where rules ef profcfsyone| Condect, dnd ng Ave proces Whrk Ve oat l…
21-715 In Re Jody Tremayne Wafer 2021-11-15 Denied Relisted (2) 4th-amendment 5th-amendment constitutional-liberty criminal-justice drug-crime drug-policy due-process fifth-amendment fourth-amendment habeas-corpus Is the incarceration of the petitioner for a marijuana-related offense a violation of their constitutional rights?
21-6251 Jason Wattie Buzzard and Paul William Martin v. United States Fourth Circuit 2021-11-12 Denied Response WaivedIFP 4th-amendment civil-rights criminal-investigation fourth-amendment police-questioning prolonged-detention reasonable-suspicion search-and-seizure traffic-stop unlawful-detention Whether a police officer conducting a traffic stop unlawfully prolongs that stop, in violation of the Fourth Amendment, by asking the occupants of the…
21-700 Keith Smith v. City of Chicago, Illinois, et al. Seventh Circuit 2021-11-12 GVR Response RequestedResponse WaivedRelisted (3) 42-usc-1983 accrual-rule bail bail-conditions circuit-split civil-rights fourth-amendment legal-procedure pretrial-detention seizure seizure-definition Does a claim for wrongful pre-trial detention accrue upon favorable termination or release on bail?
21-6223 Aaron Martin Mercado-Gracia v. United States Tenth Circuit 2021-11-09 Denied IFP 4th-amendment consent fourth-amendment police-questioning race racial-profiling reasonable-person reasonable-person-standard totality-of-circumstances traffic-stop Whether the person's race is a factor in determining if a person objectively believed he could refuse an officer's request to answer more questions af…
21-6177 Richard Leroy Parker v. United States Eighth Circuit 2021-11-04 Denied Response WaivedIFP and whether complying with that order is valid co causation civil-rights consent due-process fourth-amendment law-enforcement medical-examiner seizure Whether a law enforcement officer's order to 'just kinda stay here' results in a seizure under the Fourth Amendment, and whether complying with that o…
21-6186 Faruq Rose v. United States Fourth Circuit 2021-11-04 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-court-of-appeals constitutional-rights criminal-procedure fourth-amendment reasonable-expectation-of-privacy search-and-seizure warrantless-search Whether the majority opinion of the United States Fourth Circuit Court of Appeals, which held that the petitioner had no reasonable expectation of pri…
21-6150 Jacques S. Gholston v. United States Seventh Circuit 2021-11-03 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights fourth-amendment illinois-v-caballes police-investigation rodriguez-v-united-states time-extension traffic-stop unreasonable-seizure Whether a traffic stop unreasonably prolonged beyond the time needed to address the purpose of the stop violates the Fourth Amendment regardless of wh…
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…
21-6158 Delilah Colarte v. Florida Florida 2021-11-02 Denied Response WaivedIFP 4th-amendment constitutional-limits fourth-amendment passenger-identification rodriguez-limits rodriguez-v-united-states seizure-duration traffic-stop warrant-check Whether law enforcement can require passengers to identify themselves during a traffic stop
21-6140 Leonard Morrison v. United States Fifth Circuit 2021-11-01 Denied Response WaivedIFP 4th-amendment community-caretaking consent exigent-circumstances fourth-amendment home-search implied-consent law-enforcement probable-cause search-and-seizure warrantless-entry Whether a court can find voluntary 'implied consent' to a warrantless home entry when the officer did not request permission to enter and was unaware …
21-6143 Stephen Cameron Zyszkiewicz v. California California 2021-11-01 Denied Response WaivedRelisted (2)IFP civil-rights controlled-substances-act equal-protection first-amendment fourteenth-amendment fourth-amendment freedom-of-religion marijuana-prohibition religious-freedom state-federal-conflict Whether there is a conflict of state and federal law with regards to marijuana/hashish and/or mescaline
21-6125 Roberto Griego Jimenez v. Texas Texas 2021-10-29 Denied IFP corroboration credibility criminal-informant fourth-amendment law-enforcement magistrate-warrant probable-cause quid-pro-quo reliability Did the trial court and Texas Court of Appeals err in their Fourth Amendment analysis?
21-6109 Jackie Harris v. United States Eighth Circuit 2021-10-28 Denied Response WaivedIFP constitutional-rights due-process fourth-amendment judicial-authority probable-cause reasons-for-granting search-warrant statutory-interpretation waiver-of-rights when-lower-court-removes-waiver-and-assigns-counsel-for-appeal
21-6117 Joshua Drake Howard v. United States Eleventh Circuit 2021-10-28 Denied Response WaivedIFP carpenter-v-united-states fourth-amendment gps-monitoring gps-tracking law-enforcement-monitoring location-data reasonable-expectation-of-privacy reasonable-expectation-privacy united-states-v-jones united-states-v-knotts warrantless-surveillance does extended, non-trespassory GPS monitoring that is quantifiably more invasive than a rudimentary beeper qualify as a Fourth Amendment search?
21-617 Christopher N. Payne v. Jahal Taslimi, et al. Fourth Circuit 2021-10-27 Denied Amici (2)Response Waived circuit-split civil-rights constitutional-rights due-process fourth-amendment inmate-privacy medical-confidentiality penological-interests prejudice privacy qualified-immunity Do inmates have a constitutional right to privacy in their HIV status?
21-6086 William Keith Watson v. United States Eleventh Circuit 2021-10-26 Denied Response WaivedIFP 4th-amendment 5th-amendment conflicting-testimony credibility deputy-testimony due-process fourth-amendment stop-and-frisk supervisory-jurisdiction suppression-hearing sworn-deposition testimony Whether the Eleventh Circuit erred in affirming the denial of the motion to suppress despite a deputy's conflicting testimony under oath
21-6006 Cory Wayne Kilgore v. United States Tenth Circuit 2021-10-19 Denied Response WaivedIFP 4th-amendment address-connection appellate-review child-pornography criminal-procedure fourth-amendment prior-conviction probable-cause search-warrant Did the Tenth Circuit err in holding that the search warrant affidavit provided adequate basis for probable cause?
21-6016 Zelda Ware v. City of Atlanta, Georgia, et al. Eleventh Circuit 2021-10-19 Denied IFP civil-rights due-process excessive-force fourth-amendment law-enforcement qualified-immunity search-warrant state-agency Whether a court order directing a state agency to pick up a child is the functional equivalent of a search warrant
21-5959 Darwin J. Fifield, Sr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-10-14 Denied IFP civil-rights coerced-statement counsel-ineffectiveness due-process excessive-force fifth-amendment fourth-amendment involuntary-confession law-enforcement self-representation sixth-amendment Whether law enforcement's unprovoked excessive use of force during an arrest should invalidate as coerced by threat or force a Petitioner's later stat…
21-5968 Timothy Stemen v. Florida Florida 2021-10-14 Denied IFP 4th-amendment civil-rights due-process evidence fifth-amendment fourth-amendment ineffective-counsel police-misconduct search-and-seizure self-incrimination Did law enforcement violate the petitioner's due process rights under the 14th Amendment regarding the recordings
21-5976 Jude Joseph David Lovchik v. Virginia Virginia 2021-10-14 Denied Response WaivedIFP circuit-split criminal-investigation criminal-procedure dna-evidence dna-testing expectation-of-privacy forensic-evidence fourth-amendment search-and-seizure search-warrant Whether the police were required to obtain a search warrant before submitting trash items to a forensic lab to extract DNA and create a DNA profile fo…
21-541 Travis Tuggle v. United States Seventh Circuit 2021-10-13 Denied Amici (6) curtilage fourth-amendment home home-privacy law-enforcement privacy search search-and-seizure surveillance Whether long-term, continuous, and surreptitious video surveillance of a home and its curtilage constitutes a search under the Fourth Amendment
21-532 Jacob Matthew Johnson v. Texas Texas 2021-10-12 Denied Amici (2)Response Waived calls-for-service criminal-activity fourth-amendment fourth-amendment-jurisprudence law-enforcement reasonable-suspicion warrantless-search Whether three or four unadorned 'calls for service' to an area can constitute a specific and articulable fact significantly associating said area with…
21-533 Brad Martin, Individually and as an Employee of the Arizona Department of Public Safety, et al. v. Carlos Castro Ninth Circuit 2021-10-12 Denied Amici (1) clearly-established-law fourth-amendment k9-deployment law-enforcement qualified-immunity reasonable-force totality-of-circumstances use-of-force violent-crime when-law-enforcement-officer-deploys-k9-to-restrain-fleeing-suspect
21-5924 In Re Jose Victor Hernandez-Cuellar 2021-10-08 Denied IFP 6th-amendment civil-rights constitutional-law constitutional-rights due-process equal-protection fourth-amendment immigrant-status immigration judicial-misconduct sixth-amendment Does a immigrant in the United States of America, whether here legally with visa or illegally, receive Constitutionally guaranteed Rights?
21-514 Robert Bello v. Rockland County, New York, et al. Second Circuit 2021-10-06 Denied Response Waived civil-rights due-process firearm-surrender fourteenth-amendment fourth-amendment handgun-ownership mental-health property-rights Whether the Fourth Amendment is implicated where law enforcement refuses to release firearms surrendered for mental health reasons to a nonprohibited …
21-5898 Ernest Gabriel Verdugo v. United States Ninth Circuit 2021-10-05 Denied Response WaivedIFP abandoned-address criminal-procedure fourth-amendment independent-access law-enforcement motel-room probable-cause residence residence-definition search-and-seizure Whether police officers establish probable cause that a motel room is a suspect's 'residence' when they learn that he has abandoned his reported addre…
21-5902 Alhakka Campbell v. United States Fourth Circuit 2021-10-05 Denied IFP cell-phone-search cell-phones digital-privacy electronic-data-seizure fourth-amendment law-enforcement-search particularity-requirement privacy search-and-seizure warrant-particularity warrant-requirements Whether a warrant that authorizes police to seize a smart phone and search it for 'all electronic data' is invalid because it is insufficiently partic…
21-5904 Joseph Woods v. Donita McIntosh, Superintendent, Clinton Correctional Facility Second Circuit 2021-10-05 Denied Response WaivedIFP civil-procedure due-process fourth-amendment habeas-corpus ineffective-assistance prosecutorial-misconduct search-and-seizure standing Can a court render a decision without first deciding on a question of law or fact requested by the petitioner?
21-5839 Antonio Darnell Mays v. Tracy Johnson Seventh Circuit 2021-10-01 Denied Response WaivedIFP civil-rights criminal-procedure due-process exclusionary-rule false-documents false-evidence false-statements fourth-amendment fundamental-question probable-cause search-and-seizure warrantless-search Whether the United States Court of Appeals made its decisions on the basis of false statements, documents, and evidence, and whether the petitioner wa…
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…
21-5834 Mechele R. Parker v. Sara LaRosa, et al. District of Columbia 2021-09-30 Denied Response WaivedIFP 4th-amendment civil-rights damages federal-cause-of-action fourth-amendment law-enforcement rico-act unlawful-search unlawful-searches-and-seizures What is the U.S. Supreme Court's Ruling On All Members To A Conspiracy?
21-5819 Rahem Lipford v. United States Fourth Circuit 2021-09-29 Denied Response WaivedIFP curtilage fourth-amendment home-privacy search-and-seizure trash-pull trespass Whether a trash pull which took place at Lipford's home, from a location where trash cans were not kept when they were put out for regular collection,…
21-5823 Salvador Vasquez v. United States Ninth Circuit 2021-09-29 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment marijuana-decriminalization probable-cause search-and-seizure state-law state-marijuana-laws vehicle-search warrantless-search When a state has decriminalized marijuana possession and use, does evidence of marijuana use inside a car—combined with nonspecific indications that t…
21-460 April Diane Myres v. United States Ninth Circuit 2021-09-27 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure due-process evidence evidence-admission fourth-amendment probable-cause self-incrimination warrantless-search Whether the Fourth Amendment permits the Government to introduce testimony, based only on the defendant's not consenting to warrantless fingerprinting…
21-5732 In Re Artoska Gillispie 2021-09-23 Denied IFP 4th-amendment cell-site-location-information fourth-amendment habeas-corpus ineffective-assistance misidentification personal-location-information probable-cause suggestive-identification warrant has-prejudice-been-shown
21-5768 Jeffrey William Forget v. United States Eleventh Circuit 2021-09-23 Denied Response WaivedIFP drug-interdiction fourth-amendment inventory-search k-9-unit passenger-seat-belt traffic-stop warrantless-search Whether the traffic stop was unlawfully extended
21-5760 Anthony Auriemma v. Broomfield Municipal Court, et al. Third Circuit 2021-09-22 Denied Relisted (2)IFP appellate-review civil-rights constitutional-rights due-process fourth-amendment illegal-searches illegal-trials inhumane-conditions judicial-misconduct retaliation Whether the petitioner's constitutional rights under the Fourth, Fifth, Sixth, Seventh, Eighth, Eleventh, and Fourteenth Amendments were violated thro…
21-5736 Brandon Joshua Bailey v. Florida Florida 2021-09-21 Denied IFP fourteenth-amendment fourth-amendment gps gps-tracking location-records probable-cause search search-and-seizure vehicle warrant-requirement Whether the government conducts a search under the Fourth Amendment when it accesses a vehicle's historical GPS location records
21-5691 Juan Guzman Zuniga, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-17 Denied IFP civil-rights constitutional-rights criminal-procedure due-process exclusionary-rule federal-courts fourth-amendment habeas-corpus probable-cause search-and-seizure standing warrantless-search Whether the denial of a writ of habeas corpus by the district court was proper
21-5707 Jamaal Gittens v. Melissa T. Pavlack, Judge, Court of Common Pleas of Pennsylvania, Lehigh County Third Circuit 2021-09-17 Denied Relisted (2)IFP cell-phone-data fourth-amendment fourth-amendment-jurisprudence privacy reasonable-expectation-of-privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
21-5679 Toye Tutis v. United States Third Circuit 2021-09-16 Denied Response WaivedIFP cell-site-simulator criminal-procedure fourth-amendment plea-agreement plea-bargaining privacy privacy-rights search-and-seizure wiretap wiretap-order Whether employment of a 'cell-site simulator' constituted a Fourth Amendment violation?
21-410 Gregorio Gigliotti and Angelo Gigliotti v. United States Second Circuit 2021-09-15 Denied Response WaivedRelisted (2) 4th-amendment 4th-amendment-violation constitutional-standard criminal-investigation criminal-procedure foreign-law-enforcement fourth-amendment joint-investigation law-enforcement wiretapping Whether the Fourth Amendment is violated when foreign law enforcement officials engage in wiretapping at the behest of United States officials pursuan…
21-402 Akari Williams v. United States Fifth Circuit 2021-09-14 Denied Response Waived certificate-of-appealability exigent-circumstances fourth-amendment general-search-warrant ineffective-assistance-of-counsel motion-to-suppress Is a defendant entitled to a certificate of appealability to challenge a denied 28-U.S.C-2255 motion on ineffective-assistance-of-counsel when an atto…
21-5653 In Re Matthew Phillips 2021-09-14 Denied IFP criminal-procedure exclusionary-rule fourth-amendment probable-cause reasonable-expectation-of-privacy search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
21-5658 Elias G. Montalvo v. Isidro Baca, Warden, et al. Ninth Circuit 2021-09-13 Denied Response WaivedIFP constitutional-search criminal-procedure due-process fourth-amendment habeas-corpus jury-instructions lesser-included-offense motion-to-suppress open-murder voluntary-manslaughter Did the trial court commit reversible error by failing to instruct the jury on Voluntary Manslaughter as a lesser-included offense of Open Murder?
21-391 Paul Alexander, aka David Paul Hayes v. United States Fourth Circuit 2021-09-10 Denied Response Waived circuit-conflict circuit-split constitutional-search derivative-evidence exclusionary-rule fourth-amendment fourth-circuit harmless-error suppression supreme-court-precedent Is the Fourth Circuit in violation of Supreme Court precedent and in conflict with other circuits when, in conducting a harmless error review, it inte…
21-383 Wyoming v. William Thomas Mahaffy, V Wyoming 2021-09-09 Denied constitutional-law de-minimis-extension duration-of-stop fourth-amendment fourth-amendment-jurisprudence police-inquiry reasonable-suspicion traffic-stop unrelated-questioning Did the Rodriguez Court's rejection of de minimis extensions to traffic stops abrogate or limit Johnson, thereby prohibiting officers from posing any …
21-374 Steven Edward Struve v. Iowa Iowa 2021-09-08 Denied Response RequestedResponse WaivedRelisted (2) cellphone-use civil-rights fourth-amendment investigatory-stop law-enforcement reasonable-suspicion texting-while-driving traffic-stop Whether police officers have reasonable suspicion under the Fourth Amendment to initiate a traffic stop for briefly holding a cellphone
21-5602 Charles E. Garza, Jr. v. Nebraska Nebraska 2021-09-08 Denied Response WaivedIFP 4th-amendment constitutional-rights expectation-of-privacy fourth-amendment privacy probable-cause residence search-and-seizure vehicle-search warrant warrant-scope Whether petitioner had expectation of privacy in parked vehicle
21-5617 Akube Wuromoni Ndoromo v. Merrick B. Garland, Attorney General, et al. District of Columbia 2021-09-08 Denied Response WaivedIFP 14th-amendment 4th-amendment 5th-amendment 6th-amendment amendment-protections civil-rights constitutional-rights due-process fifth-amendment fourth-amendment government-seizure Does the Federal Government have the authority to seize individuals' bank accounts?
21-5568 Carl Anthony Wilson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-03 Denied Relisted (2)IFP blood-evidence blood-search constitutional-rights criminal-procedure due-process exculpatory-evidence fourth-amendment jury-selection prosecutorial-misconduct retroactivity Was evidence favorable to the defendant excluded?
21-341 William J. Cost, et al. v. Borough of Dickson City, Pennsylvania, et al. Third Circuit 2021-09-02 Denied 4th-amendment 911-call civil-rights domestic-disturbance due-process emergency-assistance exigent-circumstances fourth-amendment search-and-seizure warrantless-entry Whether the court of appeals erred when it held exigent circumstances existed based solely on a 911 call about a domestic disturbance from a disgruntl…
21-5544 Thomas Charles Scott v. Stuart Sherman, Warden Ninth Circuit 2021-09-01 Denied Response WaivedIFP due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment Were petitioner's rights under the Fourth and Sixth Amendments violated by trial counsel's failure to challenge a search warrant obtained via intentio…
21-5552 Brian Green v. Clinton Perry, Warden Eleventh Circuit 2021-09-01 Denied IFP constitutional-violation fourteenth-amendment fourth-amendment habeas-corpus ineffective-assistance-of-counsel ineffective-counsel jury-selection procedural-default sixth-amendment warrantless-search warrantless-search-and-seizure Whether the Eleventh Circuit erred in holding that no constitutional violations in Green's trial
21-308 Tim Sundy v. Friendship Pavilion Acquisition Company, LLC, et al. Georgia 2021-08-31 Denied Response Waived constitutional-rights court-record custody due-process first-amendment fourteenth-amendment fourth-amendment Whether the willful refusal and/or failure of a court of record to maintain a complete record is a form of custody, depriving a litigant of due proces…
21-292 Robert H. Healy v. Ledura Watkins Sixth Circuit 2021-08-30 Denied Response Waived appellate-jurisdiction civil-rights constitutional-tort due-process fourth-amendment malicious-prosecution section-1983 statute-of-limitations Whether malicious prosecution is a cognizable tort for § 1983 suit
21-5519 Steven P. BuBenchik, Jr. v. Douglas Fender, Warden Sixth Circuit 2021-08-30 Denied Response WaivedIFP 4th-amendment appellate-review civil-rights constitutional-claim due-process exigent-circumstances fourth-amendment ineffective-assistance search-warrant standing warrantless-search Whether the Constitution or laws require a trial court to fabricate facts outside sworn testimony to justify a warrantless entry
21-5528 Gabriel Samar Martinez v. United States Eleventh Circuit 2021-08-30 Denied Response WaivedIFP can give rise to reasonable suspicion to justify standing alone 4th-amendment 4th-amendment-jurisprudence anonymous-tip corroboration fourth-amendment law-enforcement probable-cause reasonable-suspicion seizure terry-stop vehicle-stop Whether an uncorroborated anonymous tip, standing alone, can give rise to reasonable suspicion to justify a seizure
21-287 Benjamin Caleb Trott v. Maryland Maryland 2021-08-26 Denied Response Waived anonymous-tip drunk-driving fourth-amendment reasonable-suspicion terry-stop vehicle-stop Whether the Fourth Amendment permits balancing drunk-driving risk against stop intrusiveness
21-5487 Norman Michael Achin v. Virginia Virginia 2021-08-26 Denied IFP 4th-amendment 6th-amendment due-process electronic-surveillance fourth-amendment impersonation law-enforcement-conduct privacy privacy-rights warrant-requirement Does intercepting private electronic messages and cell phone communications without a warrant by impersonating another adult or by impersonating an im…
21-5456 Yarlin Garcia v. United States First Circuit 2021-08-24 Denied Response WaivedIFP 4th-amendment criminal-procedure district-court evidence-suppression exclusionary-rule fourth-amendment legal-standard motion-to-suppress search-and-seizure standard-of-review Whether the District Court erred by denying Mr. Garcia's Motion to Suppress?
21-5467 Michael Denton v. Ron Haynes, Warden, et al. Ninth Circuit 2021-08-24 Denied Response WaivedIFP 14th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment habeas-corpus search-and-seizure sentencing Whether the Ninth Circuit Court of Appeals erred in denying Petitioner's request for a certificate of appealability
21-5433 Alex White v. California California 2021-08-20 Denied Response WaivedIFP civil-rights fourth-amendment law-enforcement mistake-of-law pretext pretext-stop reasonable-mistake traffic-stop vehicle-code vehicle-equipment Where police officers admitted that their equipment violation stop of the vehicle in which petitioner was a passenger was a pretext to conduct gang in…
21-5389 Juan J. Martinez v. Texas Texas 2021-08-18 Denied IFP admissible-evidence collateral-proceedings constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment ineffective-assistance probable-cause right-to-counsel search-and-seizure trial-counsel Whether the petitioner received ineffective assistance of trial counsel in excluding otherwise admissible evidence?
21-5394 Michael Nathaniel Boyd v. United States Sixth Circuit 2021-08-18 Denied Response WaivedIFP civil-rights constitutional-violation due-process evidence-suppression false-evidence fourth-amendment ineffective-assistance ineffective-assistance-of-counsel search-and-seizure search-warrant Whether the court should grant certiorari, vacate the circuit's ruling, and demand further consideration in light of Strickland v. Washington and Napu…
21-5379 Jerome Mack v. New York New York 2021-08-16 Denied Response WaivedIFP carpenter-precedent carpenter-v-united-states cell-site-location-information fourth-amendment probable-cause suppression warrant warrantless-search Does expressing a finding of probable cause in a court order authorizing the acquisition of cell site information effectively make the court order a w…
21-5385 Albert M. Kun v. State Bar of California, et al. Ninth Circuit 2021-08-16 Denied Response WaivedRelisted (2)IFP bankruptcy bankruptcy-procedure constitutional-rights due-process excessive-fine fifth-amendment fourth-amendment state-bar timbs-standard timbs-v-indiana Whether the approximately $40,000 fine assessed by the State Bar is an excessive fine under Timbs v. Indiana 586 U.S.—(2019) for a $460-financial viol…
21-5362 Robert Lee Crawford v. United States Ninth Circuit 2021-08-13 Denied Response WaivedIFP confrontation-clause due-process fourth-amendment fourth-amendment-violation law-enforcement-misconduct misrepresentation pretextual-stop seizure warrantless-search Is the Fourth Amendment violated by a warrantless off-site forced entry search of a gunsafe preceded by a warrantless seizure facilitated by officer m…
21-5364 Tyrone Cammon v. United States Sixth Circuit 2021-08-13 Denied Response WaivedIFP 4th-amendment arrest-warrant civil-rights fourth-amendment minnesota-v-olson payton-v-new-york probable-cause protective-sweep search-and-seizure steagald-v-united-states third-party-residence warrantless-entry Whether Steagald v. United States protects an arrestee in a third party's residence
21-5352 Vernon D. Nelson v. United States Fifth Circuit 2021-08-12 Denied IFP border-patrol circuit-split criminal-activity drug-offense fourth-amendment immigration-enforcement law-enforcement-authority search-and-seizure seizure Whether a Fourth Amendment violation occurs when Border Patrol agents seize a person solely on suspicion of a drug-related offense, with no suspicion …
21-5360 Danta Omar Roberts v. United States Fourth Circuit 2021-08-12 Denied Response WaivedIFP criminal-procedure direct-appeal fourth-amendment fourth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-representation procedural-review standard-of-review trial-counsel Whether the Fourth Circuit erred by ruling that the record did not conclusively demonstrate any deficiencies in trial counsel's representation, and Mr…
21-198 Anthony W. Knights v. United States Eleventh Circuit 2021-08-11 Denied Amici (2) constitutional-analysis eleventh-circuit fourth-amendment free-to-leave free-to-leave-test race race-consideration reasonable-person reasonable-person-standard seizure Whether a court analyzing if a Fourth Amendment seizure has occurred is categorically barred from considering a person's race
21-184 Kevin Byrd v. Ray Lamb Fifth Circuit 2021-08-10 Denied Amici (6)Response RequestedResponse WaivedRelisted (3) abbasi-standard bivens bivens-action circuit-split civil-rights federal-officer-liability federal-officials fourth-amendment judicial-remedy Under Abbasi, may line-level federal officers be sued for violating the Fourth Amendment?
21-187 Hamdi Mohamud v. Heather Weyker Eighth Circuit 2021-08-10 Denied Amici (2)Relisted (2) bivens bivens-remedy circuit-split civil-rights constitutional-violation fourth-amendment law-enforcement-overreach qualified-immunity ziglar-v-abbasi Whether a constitutional remedy is available against federal officers for individual instances of law enforcement overreach in violation of the Fourth…
21-5323 Scott Trader v. United States Eleventh Circuit 2021-08-10 Denied Response WaivedIFP carpenter-v-united-states cell-phone-records fourth-amendment government-surveillance ip-address privacy privacy-rights search search-and-seizure warrantless-search Whether the Government conducts a search under the Fourth Amendment when it accesses historical I.P. address records for a mobile app that provide a c…
21-5338 Michael Vincent Moore v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-10 Denied IFP constitutional-rights dna-evidence due-process evidence-admissibility fifth-amendment fourteenth-amendment fourth-amendment mistrial probable-cause prosecutorial-misconduct trial-procedure Whether the prosecutor's submission of an affidavit for probable cause listing a tan animal hair found in a wicker trunk, when the DNA report received…
21-5325 Raul Adrian Torres v. United States Ninth Circuit 2021-08-09 Denied Response WaivedIFP arrestee criminal-procedure fourth-amendment handcuffs law-enforcement probable-cause search-and-seizure search-incident-to-arrest secured Whether a search of a backpack or other bag that was being carried by an arrestee is permissible as a search incident to arrest even after officers ha…
21-5328 James Robert Dowty v. United States Eighth Circuit 2021-08-09 Denied Response WaivedIFP crime-scene-search criminal-procedure custody-testimony due-process equal-protection fourth-amendment government-witnesses judicial-bias police-procedure sequestration Whether the District Court violated the Fourteenth Amendment right to due process of law
21-175 P. Z. v. New Jersey New Jersey 2021-08-06 Denied Response RequestedRelisted (2) constitutional-rights due-process firearm-possession fourth-amendment heller mcdonald public-safety scrutiny-level second-amendment What is the proper level of scrutiny for the Second Amendment right to possess firearms in the home?
21-5321 Jerome Kieffer v. United States Fifth Circuit 2021-08-06 Denied Response WaivedIFP cell-phone-privacy civil-rights constitutional-procedure criminal-procedure due-process fourteenth-amendment fourth-amendment free-speech government-seizure standing Whether the unconstitutionally vague language of 18 USC 1001 applies to 18 USC 1343(a)(1)
21-5287 Cherosco Brewer v. United States Sixth Circuit 2021-08-04 Denied Response WaivedIFP civil-rights fourth-amendment reasonable-suspicion rodriguez-v-united-states terry-v-ohio traffic-stop Whether a traffic stop that is otherwise lawful fails the duration test of Rodriguez v. United States and is unconstitutionally prolonged, even if the…
21-5289 Gregory Moore, Individually, and on Behalf of J. M., et al. v. County of Orange, California, et al. Ninth Circuit 2021-08-04 Denied IFP child-seizure civil-rights due-process federal-funds fourth-amendment fraud res-judicata rooker-feldman standing warrant-requirement Whether Rooker-Feldman should be uniformly applied across federal districts
21-147 Erik Egbert v. Robert Boule Ninth Circuit 2021-08-03 Judgment Issued Amici (21)Relisted (2) bivens bivens-doctrine civil-rights constitutional-damages federal-officer-liability first-amendment first-amendment-retaliation fourth-amendment immigration immigration-enforcement reconsider-bivens Whether a Bivens cause of action exists for First Amendment retaliation
21-5283 Richard Todd Haas v. United States Fourth Circuit 2021-08-03 Denied Response WaivedIFP fourth-amendment franks-hearing law-enforcement materiality materiality-analysis probable-cause recklessness search-and-seizure search-warrant Did the Fourth Circuit err in refusing to engage in a materiality analysis of the information omitted from the affidavits to determine whether the omi…
21-5265 Terry Reed v. United States Sixth Circuit 2021-07-30 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure fourth-amendment good-faith-doctrine good-faith-exception probable-cause search-and-seizure warrant-exception warrant-requirement Whether the good faith exception to the warrant requirement extends so far as to excuse an officer's reliance upon an affidavit he drafted with the on…
21-5223 Donnell Bledsoe v. CBS Television Network, et al. Ninth Circuit 2021-07-28 Denied Relisted (2)IFP civil-procedure constitutional-rights content-moderation copyright-infringement data-collection digital-privacy fair-use fourth-amendment intellectual-property privacy-policy social-media user-consent Whether the plaintiff's copyright and other intellectual property rights were violated by the defendants' unauthorized use of the plaintiff's content …
21-5227 Sergio Bahena v. Illinois Illinois 2021-07-28 Denied Response WaivedIFP appellate-review arrest-warrant civil-rights constitutional-law due-process fourth-amendment home-search investigative-alerts search-and-seizure Did the Appellate Court of Illinois violate Petitioners Fourth Amendment to the U.S. Constitution, by denying his petition due to the differentiation …
21-5224 Julian Terence Martin, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-27 Denied IFP criminal-procedure exclusionary-rule fourth-amendment probable-cause reasonable-expectation-of-privacy search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
21-5163 Gregory Scott Stephen v. United States Eighth Circuit 2021-07-21 Denied Response WaivedIFP child-pornography criminal-procedure eighth-circuit fourth-amendment government-agent private-citizen search-and-seizure search-warrant sentencing-guidelines standing Was the United States Court of Appeals for the Eighth Circuit's conclusion that a private citizen can never be established as a government agent absen…
21-5137 Samantha Delane Rajapakse v. Credit Acceptance Corporation, et al. Sixth Circuit 2021-07-19 Denied Response WaivedIFP civil-rights comprehensive-consumer-credit-reporting-act consumer-protection credit-reporting due-process fair-billing-act fair-credit-reporting fair-credit-reporting-act fourth-amendment magnuson-moss-act repossession sixth-circuit-jurisdiction Does the Sixth Circuit have the authority and jurisdiction to astray from the Court of Appeals and the Supreme Court to affirm the District Court judg…
21-42 Sylvia Black v. Peace Officer Christine Vitello, et al. Second Circuit 2021-07-13 Denied civil-procedure civil-rights due-process fourth-amendment illegal-entry judicial-authorization law-enforcement-misconduct search-and-seizure standing warrant-forgery Whether peace officers violated the plaintiffs' Fourth Amendment rights by forging a judge's signature on a warrant to enter the plaintiffs' premises …
21-5078 James Michael Johnson v. United States Fourth Circuit 2021-07-13 Denied Response WaivedIFP civil-rights due-process fourth-amendment government-overreach personal-property search-and-seizure Whether the government's warrantless seizure and indefinite retention of a person's personal property violates the Fourth Amendment's prohibition on u…
21-16 Robert Paul Magtulis Cledera v. United States, et al. Fifth Circuit 2021-07-08 Denied Response Waived 4th-amendment bivens civil-rights constitutional-law due-process fourth-amendment law-enforcement reasonable-expectation-of-privacy redressability search-and-seizure standing Does a Petitioner need to be charged with a crime and arrested for him to have Locus Standi
21-5027 Shane LaGrange v. United States Eighth Circuit 2021-07-07 Denied Response WaivedIFP circuit-court constitutional-rights exclusionary-rule fourth-amendment fourth-amendment-search-and-seizure law-enforcement police-conduct reasonable-suspicion traffic-stop Whether the Fourth Amendment permits reasonable suspicion for a traffic stop based on facts the officers did not believe created reasonable suspicion
21-5038 Donnell Bledsoe v. Stockton Police Department, et al. Ninth Circuit 2021-07-07 Denied Relisted (2)IFP civil-rights constitutional-law criminal-procedure due-process excessive-force exclusionary-rule fourth-amendment police-misconduct qualified-immunity search-and-seizure section-1983 Whether the Fourteenth Amendment and 42 U.S.C. § 1983 prohibit law enforcement officers from using excessive force against individuals who are handcuf…
21-1 Shilo Abell v. United States First Circuit 2021-07-06 Denied Response Waived civil-rights due-process fourth-amendment mandatory-victim-restitution-act marital-property pension-rights Whether Congress intended to deprive married spouses of rights to their husband's pensions which are afforded to divorced spouses under Massachusetts …
21-5022 Sheron Gabriel Terrell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-06 Denied IFP due-process fourth-amendment franks-hearing franks-v-delaware ineffective-assistance ineffective-assistance-of-counsel probable-cause suppression-hearing warrant-affidavit Did Terrell make a substantial preliminary showing that the omissions made by Affiant from his warrant affidavit were recklessness by the proof of omi…
21-5008 Brittany Crownhart v. Anne Magill Collins Tenth Circuit 2021-07-02 Denied IFP civil-rights constitutional-law due-process federal-procedure fourth-amendment judicial-review property-rights search-and-seizure statutory-interpretation warrantless-search Whether the Fourth Amendment was violated by the warrantless search and seizure of the petitioner's property
20-8472 Rocky Leandro Orosco v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-01 Denied IFP criminal-procedure direct-appeal due-process evidence-suppression exclusionary-rule fourth-amendment ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress warrantless-search Is Mr. Orosco entitled to a hearing to challenge the 'obtainment' of his cell phone?
20-8445 Christian Kalen Crawford v. Florida Florida 2021-06-29 Denied IFP 4th-amendment 5th-amendment blood-draw criminal-procedure detention due-process fourth-amendment probable-cause search-and-seizure traffic-stop Whether law enforcement officers may extend the detention of a driver involved in an accident resulting in the death of another person in order to wai…
20-8418 Bruce Harland Butler v. Michigan Michigan 2021-06-28 Denied IFP 4th-amendment carpenter-v-united-states cell-site-location-information civil-rights constitutional-rights due-process fourth-amendment ineffective-assistance-of-counsel retroactivity standing Whether the lower court's decision was contrary to clearly established United States Supreme Court precedent?
20-8421 Braulio Perez v. United States Eleventh Circuit 2021-06-25 Denied IFP 4th-amendment 5th-amendment 6th-amendment 911-call armed-career-criminal body-camera body-camera-footage constitutional-rights'\n'Issue 4 criminal-history criminal-law criminal-procedure criminal-procedure'\n'Issue 2 criminal-procedure'\n'Issue 3 criminal-procedure'\n'Issue 4 enhancement evidence fair-trial fifth-amendment firearm fourth-amendment motion-to-suppress search-and-seizure self-incrimination sentencing sentencing-enhancement statements statutory-interpretation witness witness-testimony Issue 1
20-1796 Justin Strolis v. Lucas Heise Eleventh Circuit 2021-06-24 Denied civil-rights co-defendant-identification fourth-amendment malicious-prosecution probable-cause qualified-immunity summary-judgment witness-identification Whether the Eleventh Circuit erred in applying a presumption of credibility to a co-defendant's identification of the plaintiff in a malicious prosecu…
20-1784 Ohio v. Daniel Deuble Ohio 2021-06-23 Denied 4th-amendment digital-communication fourth-amendment identity-corroboration law-enforcement law-enforcement-sting probable-cause search-and-seizure social-media Whether probable cause existed to detain a person suspected of soliciting sexual activity from a law enforcement officer posing as a minor
20-1788 City of New York, New York, et al. v. Jarrett Frost Second Circuit 2021-06-23 Denied Response RequestedResponse WaivedRelisted (4) civil-procedure civil-rights due-process evidence-fabrication fourth-amendment pretrial-detention probable-cause section-1983 Whether a § 1983 plaintiff may pursue a due process-based claim challenging a pretrial detention supported by probable cause, independent of the dispu…
20-8411 C. T. v. Orange County Social Services Agency California 2021-06-23 Denied IFP 4th-amendment 6th-amendment child-endangerment child-welfare civil-rights due-process fourth-amendment medical-privacy medical-treatment parental-rights sixth-amendment Does the act of forcefully administering psychotropic medications to a child before trial violate the IV and VI amendments in the absence of a court o…
20-8383 Franklin Antonio Rios v. United States Fourth Circuit 2021-06-22 Denied Response WaivedIFP criminal-history criminal-history-category drug-conspiracy firearm-charges first-step-act fourth-amendment mandatory-minimum mandatory-minimum-sentences offense-level sentencing-guidelines Whether the district court erred in raising the petitioner's criminal-history-category and offense-level to achieve a comparable sentence after the Fi…
20-8352 David Alexandre v. United States First Circuit 2021-06-21 Denied Response WaivedIFP 4th-amendment circuit-split criminal-activity criminal-procedure fourth-amendment nexus-requirement probable-cause search-warrant supreme-court Did the United States Court of Appeals for the First Circuit erroneously hold the government was not required to establish probable cause to the belie…
20-8366 Larry Dean Garrett, Jr. v. United States Eleventh Circuit 2021-06-21 Denied Response WaivedIFP coercion confrontation-clause criminal-procedure exclusionary-rule false-statements fourteenth-amendment fourth-amendment jury-bias plea-negotiation search-and-seizure sixth-amendment Did the district court err by suppressing evidence illegally seized with a warrant obtained by the use of false statements violating Petitioners' Four…
20-8315 Joel Barcelona v. M. Escotto Rodriguez, et al. Eleventh Circuit 2021-06-16 Denied IFP civil-rights constitutional-rights deadly-gas due-process excessive-force fourth-amendment law-enforcement mental-health petitioner use-of-force Whether the respondents, M. Rodriguez, et al., used excessive force by using a deadly gas spray to deter petitioner, which violated petitioner's const…
20-8335 George A. Christian, Jr. v. Oklahoma Oklahoma 2021-06-16 Denied Response RequestedRelisted (2)IFP constitutional-law criminal-procedure due-process fourth-amendment search-and-seizure standing Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures
20-1745 Richard Sylvester v. United States First Circuit 2021-06-16 Denied 4th-amendment burden-of-proof community-caretaking fourth-amendment investigatory-motive law-enforcement-procedure police-policy probable-cause subjective-intent totality-of-circumstances vehicle-impound vehicle-impoundment whether-vehicle-impound-complies-with-4th-amendment
20-1747 Erich Sorenson v. Massachusetts Massachusetts 2021-06-16 Denied Amici (3)Response Waived 4th-amendment civil-rights constitutional-protection curtilage due-process fourth-amendment home-privacy law-enforcement search-and-seizure standing warrantless-arrest Whether the hallway area immediately adjacent to an apartment, in a private multi-family dwelling that is not open to the public, is part of the curti…
20-1755 Dean Hotop, et al. v. City of San Jose, California Ninth Circuit 2021-06-16 Denied Amici (2) business-records compelled-disclosure criminal-sanctions due-process fourth-amendment judicial-review landlord landlord-rights search search-and-seizure Does City of San Jose Ordinance 30032 require a landlord to produce and transmit business records to the City under threat of criminal sanctions witho…
20-1737 Luke Noel Wilson v. California California 2021-06-15 Denied Response RequestedResponse WaivedRelisted (2) electronic-search email email-scanning fourth-amendment google law-enforcement private-search-doctrine search-warrant warrant-requirement Does the private search doctrine place Google's automated electronic scan of all email on its system outside the protection of the Fourth Amendment fo…
20-8321 William Mixton v. Arizona Arizona 2021-06-15 Denied Response WaivedIFP administrative-subpoena carpenter-exception carpenter-v-united-states fourth-amendment katz-standard katz-v-united-states positive-law-model privacy-expectation reasonable-expectation-of-privacy third-party-doctrine Should the third-party doctrine be overruled as inconsistent with Katz v. United States?
20-8303 Dong Sheng Huang v. Jalea Joechelle Hill, et al. Fifth Circuit 2021-06-14 Denied Response WaivedIFP civil-procedure civil-rights false-imprisonment fourteenth-amendment fourth-amendment malicious-prosecution section-1983 warrantless-arrest Whether fourth amendment and fourteenth amendment claims were dismissed wrongly at Rule 12(b)(6) motion stage
20-8261 Francisco Felix v. United States Ninth Circuit 2021-06-09 Denied Response WaivedIFP civil-rights exigent-circumstances fourth-amendment law-enforcement probable-cause search-and-seizure search-warrant wiretap Whether the wiretap application failed to satisfy the requisite Fourth Amendment standard that requires exigent circumstances for an application to be…
20-8243 Spencer Richard Andrews v. Michigan Michigan 2021-06-08 Denied IFP 4th-amendment appellate-review consent consent-scope digital-privacy fourth-amendment ineffective-assistance ineffective-assistance-of-counsel privacy-rights search-and-seizure smartphone smartphone-search Did the Michigan court of appeals erroneously expand the defendant's consent to retrieve a telephone number from his smartphone into a consent to sear…
20-1685 Scott Fulford, et al. v. George Wingate Fourth Circuit 2021-06-04 Denied civil-liability fourth-amendment law-enforcement-training qualified-immunity reasonable-suspicion terry-stop totality-of-circumstances totality-of-the-circumstances Whether the Fourth Amendment requires that seemingly innocent factors be eliminated from the totality of the circumstances analysis for a Terry stop, …
20-8212 Dany L. Brandao v. United States First Circuit 2021-06-03 Denied Response WaivedIFP criminal-procedure fourth-amendment home home-search narcotics narcotics-prosecution probable-cause prosecution search search-and-seizure vehicle Should the Fourth Amendment prohibit a search of a person's home when all drug sales occurred elsewhere?
20-8179 Chad Alan Soderman v. United States Eighth Circuit 2021-06-01 Denied Response WaivedIFP fourth-amendment fourth-amendment-violation investigative-detention police-investigation reasonable-suspicion rodriguez-standard rodriguez-v-united-states supervisory-power traffic-stop Whether the Fourth Amendment was violated under Rodriguez v. United States, 575 U.S. 348 (2015) where individual acts by police to investigate a crime…
20-8180 Benjamin Ross v. United States Sixth Circuit 2021-06-01 Denied Response WaivedRelisted (2)IFP 4th-amendment 4th-amendment-violation fourth-amendment pretextual-stop probable-cause reasonable-suspicion rodriguez-precedent rodriguez-v-united-states traffic-stop Whether the Fourth Amendment requires reasonable, articulable suspicion and probable cause to justify a pretextual traffic stop?
20-1668 City of Tahlequah, Oklahoma, et al. v. Austin P. Bond, as Special Administrator of the Estate of Dominic F. Rollice, Deceased Tenth Circuit 2021-06-01 Judgment Issued Amici (6)Relisted (4) deadly-force fourth-amendment intoxicated-individual officer-safety police-conduct qualified-immunity seizure use-of-force Whether use-of-force that is reasonable can nonetheless violate the Fourth-Amendment
20-1670 William J. Golz v. Marcia L. Fudge, Secretary of Housing and Urban Development Tenth Circuit 2021-06-01 Denied Response WaivedRelisted (2) deed-of-trust equitable-estoppel federal-housing-administration fha-loan forcible-entry foreclosure fourth-amendment housing-law mortgage-foreclosure standing Whether a Federal Housing Administration (FHA) loan is an important national policy which gives license to a lender's forcible entry and seizure of an…
20-8160 Tamaran Edward Bontemps v. United States Ninth Circuit 2021-05-28 Denied Response WaivedIFP 4th-amendment civil-rights criminal-procedure due-process fourth-amendment law-enforcement police-stop reasonable-suspicion search-and-seizure terry-stop terry-v-ohio Whether a sweatshirt bulge alone gives an objectively reasonable and particularized suspicion to stop a person under Terry v. Ohio
20-8165 Mitchell N. Nicholas v. Territory of the Virgin Islands Third Circuit 2021-05-28 Denied Response WaivedIFP circuit-court civil-rights constitutional-rights due-process exclusionary-rule federal-investigation fourth-amendment grand-jury miscarriage-of-justice standing unreasonable-searches Whether the federal courts have jurisdiction to issue grand jury subpoenas when the petitioner was never the subject of a federal investigation
20-8156 Ricardo Renteria v. United States Ninth Circuit 2021-05-27 Denied Response WaivedIFP civil-procedure constitutional-rights fourth-amendment law-enforcement probable-cause reasonable-suspicion specific-facts statute-violation traffic-stop Whether reasonable suspicion to support a traffic stop under the Fourth Amendment requires a showing of specific facts that the suspect violated the r…
20-1646 Steven K. Stanley v. Angel Quiros, Commissioner, Connecticut Department of Correction Connecticut 2021-05-26 Denied Response Waived 4th-amendment criminal-procedure evidence fourth-amendment habeas-corpus phone-number-obfuscation privacy privacy-expectation res-judicata search-and-seizure Does the intentional use of the *67 feature create a justifiable expectation of privacy?
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…
20-8129 Joseph Miller v. United States Seventh Circuit 2021-05-25 Denied Response WaivedIFP brady-v-maryland brady-violation certificate-of-appealability constitutional-right constitutional-rights direct-appeal evidentiary-hearing fifth-amendment fourth-amendment ineffective-assistance-of-counsel slack-v-mcdaniel Whether an attorney's failure to advise a client of the adverse ramifications of raising certain claims on direct appeal constitutes a substantial den…
20-8110 Lawrence Edward Jackson, Jr. v. Maryland Maryland 2021-05-24 Denied IFP constitutional-rights criminal-procedure due-process equal-protection excessive-fines fourth-amendment probable-cause search-and-seizure takings wrongful-conviction Whether the imposition of mandatory fees on the basis of a wrongful conviction violates the Fifth and Fourteenth Amendments
20-8112 Richard Knider Jackson v. United States Sixth Circuit 2021-05-24 Denied Response WaivedRelisted (2)IFP due-process fourth-amendment indefinite-retention personal-property search-and-seizure warrantless-seizure Whether the government's warrantless seizure and indefinite retention of a person's personal property violates the Fourth Amendment's prohibition on u…
20-8083 Derrick Baer v. United States Third Circuit 2021-05-20 Denied Response WaivedIFP constitutional-rights due-process fourteenth-amendment fourth-amendment fourth-amendment-violation franks-hearing law-enforcement-delay search-and-seizure supreme-court-precedent Whether the decision of the Third Circuit denying petitioner's request for a Franks hearing conflicts with the United States Supreme Court's decision …
20-8089 Emem Ufot Udoh v. Minnesota Department of Human Services, et al. Eighth Circuit 2021-05-20 Dismissed Response WaivedIFP civil-procedure civil-rights constitutional-rights davis-v-monroe-county-board due-process fourteenth-amendment fourth-amendment haines-v-kerner municipal-liability pro-se-litigation qualified-immunity standing Whether pro-se-litigants are held to the same legal standards as counseled-litigants
20-1628 Daniel Tekle v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2021-05-20 Denied 4th-amendment constitutional-rights due-process equal-protection fourth-amendment probable-cause search-and-seizure void-judgment warrantless-search Question not identified
20-1629 George Wingate v. Scott Fulford, et al. Fourth Circuit 2021-05-20 Denied civil-rights constitutional-arrest due-process fourth-amendment law-enforcement police-misconduct qualified-immunity standing Whether the Court should permit the qualified immunity defense to extend to a court-invented, hypothetical and demonstrably counter-factual justificat…
20-1607 Michigan v. Anthony Michael Owen Michigan 2021-05-19 Denied Response RequestedResponse WaivedRelisted (2) circuit-split exclusionary-rule fourth-amendment heien-standard legal-uncertainty police-conduct reasonable-mistake-of-law speed-limit traffic-stop Should this Court resolve a split on whether Heien v. North Carolina applies to situations where the law is clear but the circumstances make applying …
20-8057 Raymond Idemudia Aigbekaen v. United States Fourth Circuit 2021-05-18 Rehearing Response WaivedRelisted (3)IFP border-search civil-rights electronic-devices electronic-privacy forensic-examination fourth-amendment reasonable-suspicion warrantless-search Whether a warrantless forensic search at a border by agent of the United States of electronic cell phones and computers, lacking a reasonable suspicio…
20-8065 Arthur Greaves v. United States Third Circuit 2021-05-18 Denied Response WaivedIFP 4th-amendment 5th-amendment criminal-procedure due-process fourth-amendment miranda-doctrine miranda-warning new-york-v-quarles private-property public-safety-exception search-and-seizure Does the public safety exception to the Miranda doctrine as set forth in New York v. Quarles, apply to private property, simply based on allegations t…
20-8027 Anthony G. Bryant v. Executive Office for United States Attorneys Fourth Circuit 2021-05-14 Denied Response WaivedIFP civil-rights constitutional-law criminal-procedure fourth-amendment search-and-seizure standing Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
20-8029 Steven D. Warren, Jr. v. Indiana Indiana 2021-05-14 Denied Response WaivedIFP brady-violation civil-rights drug-trafficking due-process fourth-amendment nexus probable-cause search-and-seizure search-warrant warrant warrant-application Whether a search warrant application that fails to provide any particularized nexus between an individual's alleged drug trafficking activity and the …
20-8030 Reginald Tremaine Wilson v. North Carolina North Carolina 2021-05-14 Denied IFP civil-asset-forfeiture civil-rights constitutional-challenge criminal-procedure due-process evidence fourth-amendment property-rights seizure sentencing standing Whether the court can compare Wilson's vagueness on an element to suggest possession with intent to sell and deliver
20-8014 Kelvin Baez v. United States Eighth Circuit 2021-05-13 Denied Response WaivedIFP 4th-amendment civil-rights due-process evidence-admission exclusionary-rule fourth-amendment inevitable-discovery inevitable-discovery-doctrine police-procedure search-and-seizure unlawful-search warrant-requirement Did the Court of Appeals err in expanding the inevitable-discovery doctrine to affirm the admission of evidence obtained during an unlawful search?
20-7996 Roland Leroy Reese-Bey v. Juan Guerrero, et al. Ninth Circuit 2021-05-12 Denied Response WaivedIFP 14th-amendment 4th-amendment 5th-amendment civil-rights constitutional-rights due-process fourth-amendment jurisdiction right-to-travel summary-judgment traffic-stop Where jurisdiction was questioned and never established, in an arrest and prosecution resulting from an alleged and unwarranted traffic stop with viol…
20-7979 Talmadge Adib Talib v. Juan Guerrero, et al. Ninth Circuit 2021-05-10 Denied Response WaivedIFP 14th-amendment 4th-amendment 5th-amendment civil-rights constitutional-rights due-process fifth-amendment fourth-amendment jurisdiction jurisdiction-challenge summary-judgment Where jurisdiction was never established, in an arrest and prosecution resulting from an alleged and unwarranted traffic stop with violations of right…
20-1551 Arthur O. Armstrong v. North Carolina, et al. North Carolina 2021-05-10 Denied civil-rights conspiracy due-process fourteenth-amendment fourth-amendment land-encroachment land-use property-rights takings Whether respondents transgressed the Fourth and Fourteenth Amendments
20-1558 Vinay Yadav v. Texas Texas 2021-05-10 Denied civil-rights conspiracy-against-civil-rights constitutional-rights due-process evidence-tampering fourth-amendment ninth-amendment sixth-amendment thirteenth-amendment Whether COA/Texas-courts contravene the U.S. Constitution and Federal laws
20-1539 Daniel Rivas-Villegas v. Ramon Cortesluna Ninth Circuit 2021-05-05 Judgment Issued Amici (1)Relisted (3) civil-rights constitutional-violation excessive-force fourth-amendment graham-v-connor law-enforcement ninth-circuit plumhoff-v-rickard qualified-immunity supreme-court-precedent Did the Ninth Circuit depart from this Court's decisions in Graham v. Connor and Plumhoff v. Rickard in denying qualified immunity to petitioner based…
20-7914 Danny Ray Williams v. United States Fifth Circuit 2021-05-03 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-search consent consent-search custodial-interrogation digital-privacy forensic-evidence forensic-search fourth-amendment search-and-seizure Whether an officer must expressly state that he is seeking consent for a forensic, not just a manual, search of a cell phone
20-7896 John Matthew Gayden, Jr. v. United States Eleventh Circuit 2021-04-30 Denied IFP actual-prejudice criminal-investigation due-process fourth-amendment pre-indictment-delay prescription-drug-monitoring prescription-drug-monitoring-program search-and-seizure warrant-requirement warrantless-search Whether the Fourth Amendment permits a law enforcement officer to search the Florida Prescription Drug Monitoring Program without a warrant
20-1505 Zainab Merchant, et al. v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. First Circuit 2021-04-28 Denied Amici (2) border-search border-searches digital-contraband electronic-device electronic-devices fourth-amendment probable-cause reasonable-suspicion warrant-requirement Does the Fourth Amendment require that searches of electronic devices at the U.S. border be conducted pursuant to a warrant based on probable cause, o…
20-7821 In Re John A. Toth 2021-04-22 Denied IFP administrative-law civil-rights due-process equal-protection federal-jurisdiction fourteenth-amendment fourth-amendment habeas-corpus ineffective-counsel standing unlawful-detention Whether the lower court erred in dismissing petitioner's claims alleging violations of their constitutional rights
20-7827 Glen D. Plourde v. Stephen C. Bellavia Maine 2021-04-22 Denied IFP civil-rights due-process eighth-amendment equal-protection fifth-amendment fourth-amendment judicial-bias police-misconduct torture Whether the petitioner's Fifth Amendment rights to substantive and procedural due process were infringed upon due to the father-son relationship betwe…
20-7799 Susan W. Vaughan v. Shannon Foltz, et al. Fourth Circuit 2021-04-20 Denied Response WaivedIFP civil-rights constitutional-rights due-process familial-association family-law fourth-amendment liberty-deprivation qualified-immunity standing state-statute Is Troxel v Granville correctly applied to a case that has nothing to do with grandparents' visitation requests, but is used, nevertheless, as grounds…
20-1471 Jonathan Lozada, Deputy Sheriff, in His Individual Capacity v. Dudley Teel, as Personal Representative of the Estate of Susan Teel Eleventh Circuit 2021-04-20 Denied Response RequestedRelisted (2) 4th-amendment civil-rights due-process excessive-force fourth-amendment graham-factors law-enforcement obvious-factual-clarity-rule qualified-immunity use-of-force Whether the Graham factors apply to a law enforcement officer's use of force during a call for service that does not involve commission of a crime
20-1441 George Beecher v. New Jersey New Jersey 2021-04-15 Denied Response Waived 4th-amendment fourth-amendment patient-privacy patient-records prescription-monitoring privacy-expectation reasonable-expectation-of-privacy reasonable-search state-pdmp-laws third-party-doctrine Did the New Jersey Supreme Court err in adopting a ruling that a defendant prescriber does not have a reasonable expectation of privacy in patient pre…
20-1442 Andrew Stoveken v. New Jersey New Jersey 2021-04-15 Denied Response Waived fourth-amendment prescription-records privacy-rights state-database statutory-mandate third-party-doctrine warrant-requirement Does the Third Party Doctrine exempt pharmacy prescription records contained in a State-run database from the warrant requirement of the Fourth Amendm…
20-1443 Candace Aguilera, aka Candace Sgaggio v. City of Colorado Springs, Colorado, et al. Tenth Circuit 2021-04-15 Denied 4th-amendment civil-rights fourth-amendment free-exercise implied-license indigenous-rights private-property search-and-seizure spiritual-property standing How long can government agents stay on private spiritual property after implied license is revoked?
20-1445 Nathan Ray Foreman v. Texas Texas 2021-04-15 Denied Response Waived affidavit computer-evidence criminal-procedure evidence-seizure fourth-amendment probable-cause search-and-seizure surveillance-equipment warrant-application Whether the decision of the Texas Court of Criminal Appeals constitutes an unreasonable application of this Court's clearly established precedent, by …
20-1438 Tina Cates v. Bruce D. Stroud, et al. Ninth Circuit 2021-04-14 Denied Amici (2)Response RequestedRelisted (2) civil-rights constitutional-law courts-of-appeals due-process fourth-amendment legal-doctrine precedent qualified-immunity search-and-seizure standing Whether the unanimous conclusion of multiple other courts of appeals suffices to clearly establish the law for purposes of qualified immunity
20-7716 Milton Mosley v. United States Third Circuit 2021-04-12 Denied Response WaivedIFP civil-rights criminal-procedure fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio Whether the lower courts' finding that suspicion of criminal activity was not 'specific, individualized, and reasonable' is contrary to Terry v. Ohio
20-7703 Gary Lamont Robinson v. United States Fourth Circuit 2021-04-09 Denied Response WaivedIFP appellate-review circuit-court-procedure criminal-sentencing district-court fourth-amendment fourth-circuit individualized-assessment judicial-discretion procedural-reasonableness sentencing-review Whether the Fourth Circuit's decision is in conflict with the Court's decision in Gall v. United States
20-7704 Daghrib Shaheed, et al. v. Stephan Kroski, et al. Second Circuit 2021-04-09 Denied IFP 4th-amendment civil-entry-order civil-rights family-court fourth-amendment law-enforcement-procedure new-york-state probable-cause qualified-immunity search-warrant Is a civil New York State Family Court Investigation Entry Order the equivalent of a search warrant?
20-7651 Gonzalo Curiel v. California California 2021-04-02 Denied IFP exclusionary-rule fourth-amendment inevitable-discovery inevitable-discovery-rule police-misconduct probable-cause search-and-seizure warrant-requirement warrantless-search Whether the prosecution must prove that the alleged alternative police conduct was an ongoing legitimate investigation simultaneously occurring at the…
20-7626 Robert Frank Miller v. United States District of Columbia 2021-04-01 Denied Response WaivedIFP appellate-review appellate-standards criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-discretion probable-cause waiver Whether certiorari should be granted to clarify that probable cause must be based on actual facts, rather than mere assumptions interposed by the cour…
20-7643 Nafis Antuan Faison v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2021-04-01 Denied IFP 28-usc-2254 arrest-warrant constitutional-standard expectation-of-privacy fourth-amendment habeas habeas-corpus minnesota-v-olson probable-cause standing third-party-residence Whether the federal court impermissibly added an element to the expectation-of-privacy standard for a third-party overnight guest, in violation of 28 …
20-7612 Michael D. Johnson v. Indiana Indiana 2021-03-31 Denied Amici (2)Response WaivedIFP actual-suspicion circuit-split criminal-procedure fourth-amendment law-enforcement objective-standard reasonable-suspicion search-and-seizure terry-frisk terry-stop May a court uphold a Terry frisk where the frisking officer did not actually suspect that the detainee was armed and dangerous?
20-1362 Davdrin Goffin v. Robbie K. Ashcraft, et al. Eighth Circuit 2021-03-30 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-rights deadly-force excessive-force fourth-amendment police-shooting probable-cause qualified-immunity search-and-seizure tennessee-v-garner use-of-force Is an officer entitled to qualified immunity for shooting an unarmed fleeing suspect?
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
20-1358 Arthur O. Armstrong v. United States Court of Appeals for the Fourth Circuit Fourth Circuit 2021-03-26 Denied 14th-amendment 4th-amendment civil-rights conspiracy constitutional-violation deprivation-of-liberty detention due-process fourteenth-amendment fourth-amendment Whether appellees acted in a conspiracy to deprive appellant of liberty or property without due process of law
20-7574 Robert K. Rymer v. United States Court of Appeals for the Seventh Circuit Seventh Circuit 2021-03-26 Denied IFP 6th-amendment brady-violation civil-rights confrontation-clause due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether Rymer's state trial violated his right to effective assistance of counsel and due process under the Sixth and Fourteenth Amendments
20-7550 John Roosevelt Baccus v. South Carolina Department of Corrections Fourth Circuit 2021-03-24 Dismissed Response WaivedIFP civil-procedure civil-rights due-process fourth-amendment search-and-seizure standing Whether the court below erred in dismissing Petitioner's claims without adjudicating the merits
20-1336 Denis Quinette v. Dilmus Reed, et al. Eleventh Circuit 2021-03-24 Denied Response Waived 42-usc-1983 civil-rights constitutional-rights cruel-and-unusual-punishment due-process fourth-amendment inmate-abuse qualified-immunity supervisory-liability Whether jail command supervisors are entitled to qualified immunity for repeated supervisory failures resulting in a foreseeable, inevitable, and unco…
20-1340 Amanuel Gebrengus Atsemet v. Texas Texas 2021-03-24 Denied circuit-court-split constitutional-right-to-travel constitutional-rights fourth-amendment license-plate-profiling marijuana-legalization reasonable-suspicion right-to-travel totality-of-circumstances When applying the 'totality of the circumstances' test for reasonable suspicion in a state that has criminalized marijuana, does the consideration of …
20-1324 Charles McManemy v. Bruce Tierney, et al. Eighth Circuit 2021-03-23 Dismissed Response RequestedResponse WaivedRelisted (2) civil-procedure civil-rights clearly-established-law due-process eighth-circuit excessive-force fourth-amendment law-enforcement-conduct qualified-immunity standing Is the test for clearly established law being properly applied within the Eighth Circuit?
20-7538 Frankie Lewis Jones v. Georgia Georgia 2021-03-23 Denied IFP civil-rights constitutional-rights criminal-procedure due-process fourth-amendment interstate-agreement personal-detention probable-cause search-and-seizure sentencing statute-of-limitations warrantless-search Does FH petitioner receive dismissal on a conviction and sentence for violation of interstate agreement on detainers
20-7542 Calvin Lewis Carter, III v. Illinois Illinois 2021-03-23 Denied IFP court-procedure criminal-procedure defendant-rights evidentiary-rulings fourth-amendment judicial-interpretation legal-challenge privacy procedural-rules search seizure standing Whether the petitioner's observation of 'by' char' from outside a residential building violates the Fourth Amendment's prohibition on unreasonable sea…
20-7524 Mathew Ryan Byrd v. United States Fourth Circuit 2021-03-22 Denied Response WaivedIFP civil-rights constitutional-challenge criminal-procedure due-process federal-sentencing fourth-amendment habeas-corpus judicial-review parolee probationer search-and-seizure Whether the Fourth Amendment prohibits the warrantless search and seizure of a person's home and personal effects based solely on the person's status …
20-1319 Victor Manuel Solorzano v. United States Fifth Circuit 2021-03-22 Denied Response Waived constitutional-rights due-process equal-protection exclusionary-rule fourth-amendment judicial-integrity judicial-review plain-error search-and-seizure unreasonable-search whether-the-fifth-circuit-court-of-appeals-erred-in-its-plain-error-analysis
20-1299 Eric S. Clark v. City of Williamsburg, Kansas Tenth Circuit 2021-03-19 Denied Response Waived castle curtilage fourth-amendment general-warrant home implied-license law-enforcement physical-intrusion search search-and-seizure warrant-requirement Should the court adopt the original meaning of the Fourth Amendment by holding that a search of a home(castle) is unreasonable when the implied licens…
20-7503 Mark Randall Jones v. United States Fifth Circuit 2021-03-19 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence-admissibility fourth-amendment fourth-amendment-violation gut-feeling mail-chute post-office warrantless-search warrantless-seizure Whether the Warrantless Seizure of Packages from the Mail Chute at the U.S. Post Office Based on Nothing More than a 'Gut Feeling' Violates the Fourth…
20-7512 Forrest R. Cox, III v. Nebraska Nebraska 2021-03-19 Denied Response WaivedIFP case-law constitutional-rights criminal-procedure federal-statute fourth-amendment good-faith-doctrine immutable-evidence independent-source-doctrine search-warrant Whether the Nebraska Supreme Court erred in applying the good-faith doctrine to a search warrant executed after the federal statute and relevant case …
20-7464 Stephen D. Long v. Ohio Ohio 2021-03-17 Denied Response WaivedIFP 4th-amendment anonymous-informant criminal-procedure exclusionary-rule fourth-amendment probable-cause search-warrant standing totality-of-the-circumstances Can a search warrant issue for a private residence based solely on the uncorroborated statement of an anonymous citizen informant?
20-7482 Lavellous Purcell v. United States Second Circuit 2021-03-17 Denied IFP electronic-data-privacy federal-rules-of-evidence fourth-amendment general-warrants internet-privacy interstate-commerce mann-act particularity-requirement probable-cause search-and-seizure search-warrant Whether a search warrant ordering Facebook to hand over the defendant's entire account to law enforcement for review, without limiting either Facebook…
20-1280 Joseph Cotropia v. Mary Chapman Fifth Circuit 2021-03-15 Denied Response Waived civil-rights constitutional-law fair-warning fourth-amendment government-immunity per-se-unreasonable probable-cause qualified-immunity search-and-seizure warrantless-search warrantless-searches Whether the presumption that warrantless searches are per se unreasonable is so obvious a violation of the Fourth Amendment that the presumption gives…
20-7444 Toddrey Bruce v. United States Eleventh Circuit 2021-03-12 Denied Response WaivedIFP anonymous-911-call circuit-split fourth-amendment high-crime-area law-enforcement navarette-v-california probable-cause reasonable-suspicion second-amendment traffic-stop Whether the 'absence of additional suspicious conduct' can dispel reasonable suspicion of unlawful gun use
20-7423 Jose Jesus Cruz v. United States Tenth Circuit 2021-03-11 Denied Response WaivedIFP 4th-amendment destruction-of-evidence evidence-destruction exigent-circumstances fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure Is it reasonable for law enforcement to enter a suspect's home under the exigent-circumstances exception when there is no genuine exigency?
20-7436 Frederick Dale Knight v. Florida Florida 2021-03-11 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights criminal-procedure due-process fourth-amendment probable-cause reasonable-expectation-privacy search-and-seizure traffic-stop Does a noncriminal traffic stop and subsequent observation through the window of a stopped vehicle revealing a cylindrical brown object give rise to p…
20-7415 Keith Griffin v. New York New York 2021-03-10 Denied Response WaivedIFP 4th-amendment curtilage fishing-expedition fourth-amendment home-privacy implied-license probable-cause search-and-seizure standing warrantless-search Whether police can search the curtilage of a home without evidence of a crime
20-7416 James Lee Herman, Jr. v. United States Fourth Circuit 2021-03-10 Denied Response WaivedIFP 4th-amendment driving-under-the-influence exclusionary-rule fourth-amendment inevitable-discovery inevitable-discovery-doctrine probable-cause search-and-seizure traffic-stop Whether police officers who violated a driver's Fourth Amendment rights had probable cause to arrest the driver for driving under the influence and wo…
20-7384 Samuel Rasheen Rymond Toliver v. K. Adner Second Circuit 2021-03-09 Denied Response WaivedIFP 1st-amendment 4th-amendment civil-rights constitutional-rights court-of-appeals due-process exhaustion-of-remedies first-amendment fourth-amendment free-speech solitary-confinement Was the treatment of the Petitioner on 5/30/17, being forced into Solitary Confinement for asserting his U.S.C.A. Const. First Amendment Unconstitutio…
20-1247 Gerald Dix v. Edelman Financial Services, LLC, et al. Seventh Circuit 2021-03-09 Denied Response Waived 4th-amendment civil-rights constitutional-rights due-process eviction eviction-procedure fourth-amendment law-enforcement police-conduct police-seizure seizure Whether the Fourth Amendment protects a person and property from seizure by police using force and threats to arrest to effect an eviction in contrave…
20-7355 Cleophus Reed, Jr. v. United States Eighth Circuit 2021-03-08 Denied IFP criminal-procedure exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures
20-7356 Eron Michael Spivey v. Texas Texas 2021-03-08 Denied IFP custodial-interrogation exclusionary-rule fifth-amendment fourth-amendment involuntary-detention law-enforcement-questioning probable-cause wong-sun wong-sun-doctrine Do authorities violate the Fourth Amendment when they involuntarily detain, in back of a patrol car for three hours, then at the police station for tw…
20-7329 Justin L. Knight v. Nebraska Nebraska 2021-03-05 Denied Response WaivedIFP criminal-conviction criminal-procedure evidence-suppression fourteenth-amendment fourth-amendment investigative-stop reasonable-suspicion search-and-seizure traffic-stop Whether the police had reasonable suspicion for an investigative stop
20-7319 Jamaa I. Johnson v. United States Fourth Circuit 2021-03-03 Denied Response WaivedIFP cell-phone-data fourth-amendment fourth-amendment-jurisprudence privacy reasonable-expectation-of-privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
20-7290 Michael Scott Hanuman v. United States Eighth Circuit 2021-03-02 Denied Response WaivedIFP criminal-procedure emergency-aid emergency-aid-doctrine fourth-amendment law-enforcement protective-sweep reasonable-suspicion search-and-seizure Does the Fourth Amendment permit law enforcement officers to conduct a protective sweep search of a private home under the Buie 'reasonable suspicion'…
20-1204 Mark Ringland v. United States Eighth Circuit 2021-03-02 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) digital-evidence electronic-privacy fourth-amendment fourth-amendment-jurisprudence reasonable-expectation search search-and-seizure trespass united-states-v-jacobsen Whether compelling someone's emails from his or her electronic service provider and opening them is a trespass, and therefore a 'search,' under the Fo…
20-1198 Jerry Wiltz v. Texas Texas 2021-03-01 Denied Response Waived 4th-amendment abandonment abandonment-doctrine cell-phone cell-phone-privacy civil-rights fourth-amendment privacy privacy-rights search-and-seizure standing warrant-requirement Whether a person can abandon their privacy right to an item by merely leaving it behind without evidence of intentional abandonment
20-1202 William J. Miller v. United States Sixth Circuit 2021-03-01 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) email-privacy fourth-amendment government-intrusion government-search private-actor property-based property-rights reasonable-expectation search search-and-seizure Whether the property-based approach to the Fourth Amendment applies to the government's warrantless search of email attachments compelled from a priva…
20-7265 Jonathan Lindsey v. Illinois Illinois 2021-03-01 Denied Response WaivedIFP curtilage dwelling-search fourth-amendment fourth-amendment-rights narcotics-detection reasonable-expectation-of-privacy search-and-seizure warrantless-search Whether the government's warrantless use of a narcotics detection dog on a dwelling without curtilage violates the resident's Fourth Amendment right a…
20-7260 Al Rue Hopkins v. Florida Florida 2021-02-26 Denied Response WaivedIFP 4th-amendment blood-draw dui dui-investigation exigency-exception exigent-circumstances fourth-amendment probable-cause search-and-seizure warrant-requirement Whether Florida statues 316.1933(1)(a) violates Petitioner's right to be free from unreasonable searches and seizures
20-7268 Jason P. Briscoe v. United States Tenth Circuit 2021-02-26 Denied Response WaivedIFP civil-rights constitutional-review criminal-procedure fourth-amendment police-discretion pretextual-stop pretextual-stops probable-cause traffic-violation whren-v-united-states Whether this Court's decision in Whren v. United States, 517 U.S. 806 (1996), which permits pretextual traffic stops so long as the police have probab…
20-7272 Tyslen J. Baker v. United States Sixth Circuit 2021-02-26 Denied Response WaivedIFP arrest-warrant civil-rights constitutional-rights criminal-procedure fourth-amendment law-enforcement probable-cause search-and-seizure Does a police officer violate a defendant's Fourth Amendment rights by executing an arrest warrant consisting of bare bones allegations lacking in pro…
20-1189 Brian E. Hardin v. Indiana Indiana 2021-02-26 Denied Response Waived constitutional-rights exclusionary-rule fourth-amendment law-enforcement probable-cause search-and-seizure search-warrant vehicle-search Whether law-enforcement officers violate the Fourth Amendment by searching a person's vehicle when the person drives that vehicle up to his house whil…
20-1181 Kyle Stephen Thompson v. Maryland Maryland 2021-02-25 Denied Response Waived de-novo-review evidentiary-hearing fourth-amendment franks-hearing franks-v-delaware materiality-prong probable-cause search-warrant standard-of-review When a court considers a request for a Franks hearing by excising the challenged statements in the warrant application, does the court review the rema…
20-1166 Jorel Shophar, et ux. v. United States, et al. Tenth Circuit 2021-02-24 Denied Response Waived 14th-amendment 4th-amendment child-welfare child-welfare-act constitutional-rights due-process federal-courts fourteenth-amendment fourth-amendment seizure state-seizures Is the 1974 Child Welfare Act of Child Protective Services violating U.S. Citizens Constitutional Rights
20-7234 Kerrin Barrett v. PAE Government Services, Inc., et al. Fourth Circuit 2021-02-24 Denied Response WaivedRelisted (2)IFP community-caretaking emergency-doctrine exigent-circumstances fourth-amendment probable-cause search-and-seizure warrantless-seizure warrantless-seizures Whether the temporal scope of the emergency doctrine governing warrantless seizures for 'community caretaking' extends beyond the immediate circumstan…
20-7241 Rene Gosselin v. Massachusetts Massachusetts 2021-02-24 Denied Response WaivedIFP criminal-defendant evidence-law fourth-amendment medical-records privacy privacy-rights standing third-party-doctrine Does a criminal defendant have a Fourth Amendment right of privacy in his medical provider's records, such that the Third Party Doctrine does not appl…
20-7210 Tesfa Connell v. New York New York 2021-02-23 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment 4th-amendment-warrant-requirement community-caretaking fourth-amendment impoundment inventory-search law-enforcement-discretion standardized-criteria vehicle-impoundment vehicle-search warrant-requirement Whether the Fourth Amendment mandates that standardized criteria govern an officer's antecedent decision to impound a legally and safely parked car
20-7189 Bernard Thomas v. United States Second Circuit 2021-02-22 Denied Relisted (2)IFP brief-filing counsel-assignment criminal-justice-act criminal-procedure exclusionary-rule federal-defenders fourth-amendment harmless-error local-rule search-and-seizure standing Whether the district court erred in denying the defendant's motion to suppress evidence obtained in violation of the Fourth Amendment
20-7208 Bruce Harold Hendler v. United States Fifth Circuit 2021-02-22 Denied Response WaivedIFP circuit-split detention exclusionary-rule fourth-amendment search-and-seizure supervisory-powers Whether the decision of the United States Court of Appeals for the Fifth Circuit affirming the denial of a motion to suppress a detention and seizure …
20-7187 Haseeb Malik v. United States Ninth Circuit 2021-02-19 Denied Response WaivedIFP 4th-amendment constitutional-rights fourth-amendment law-enforcement marijuana-legalization probable-cause search-and-seizure state-law-enforcement vehicle-search Does the Fourth Amendment prohibit local state law enforcement from searching a vehicle to look for a personal use amount of marijuana in states where…
20-7119 Javier Alejandro Moline-Borroto v. United States Fifth Circuit 2021-02-11 Denied Response WaivedIFP 4th-amendment 5th-amendment checkpoint-seizure civil-rights due-process fourth-amendment investigatory-encounter prolonged-detention reasonable-suspicion search-and-seizure terry-stop terry-v-ohio Whether the lower courts erred by finding that the officer had reasonable suspicion to transform a suspicionless checkpoint seizure into a prolonged i…
20-7097 Alree B. Sweat, III v. City of Las Cruces, New Mexico, et al. New Mexico 2021-02-10 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence-law fourth-amendment ineffective-assistance-of-counsel motion-to-suppress post-conviction-relief property-rights search-and-seizure takings Whether the New Mexico Supreme Court erred in denying petitioner's motion for post-conviction relief based on ineffective assistance of counsel
20-7074 Jimmy Lee Nave, Jr. v. Frank Vanihel, Warden Seventh Circuit 2021-02-09 Denied Response WaivedRelisted (2)IFP criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause warrantless-arrest witness-identification Did the District Court err by relying on evidence received after Mr. Nave's warrantless arrest to determine the veracity of statements made by the aff…
20-7095 Gary S. Colldock v. United States Ninth Circuit 2021-02-09 Denied Response WaivedIFP dark-web drug-trafficking fourth-amendment probable-cause search-warrant staleness Whether the information in the application for the warrant to place the GPS device on Colldock's vehicle was 'stale'
20-7078 Brandon Cordell Bennett v. United States Ninth Circuit 2021-02-08 Denied Response WaivedIFP 4th-amendment criminal-procedure evidence-suppression exclusionary-rule fourth-amendment judicial-review material-omission materiality probable-cause search-warrant WHETHER OMITTED INFORMATION FROM A SEARCH WARRANT APPLICATION MUST NEGATE OR CONTRADICT ALLEGED FACTS SUPPORTING PROBABLE CAUSE IN ORDER TO BE MATERIA…
20-1079 Richard E. Boggs v. United States Fourth Circuit 2021-02-08 Denied Response Waived 4th-amendment 5th-amendment administrative-law civil-procedure civil-rights federal-procedure fifth-amendment fourth-amendment internal-revenue-enforcement irs-authority judicial-review Does 26 U.S.C. §7608 establish the relevant requisite authority of IRS agents?
20-1082 Raymond Gardner v. Matthew T. Mglej Tenth Circuit 2021-02-08 Denied civil-rights constitutional-rights fourth-amendment fourth-amendment-search identification identification-statute law-enforcement qualified-immunity terry-stop Whether it was clearly established in 2011 that an arrest under Utah Code Section 76-8-301.5() for refusal to hand over an identification document vio…
20-1067 Maria M. Rosas v. Advocate Health and Hospitals Corporation, dba Advocate Christ Medical Center, et al. Seventh Circuit 2021-02-04 Denied Response Waived civil-rights damages disability equitable-tolling fourth-amendment section-1983 statute-of-limitations Whether the statute of limitations on a § 1983 claim seeking damages under the Fourth Amendment for deprivation of liberty can be equitably tolled whe…
20-1053 Ronald Dewayne Pitts v. Ohio Ohio 2021-02-03 Denied Response Waived affidavit credibility-reliability due-process evidence-suppression fourth-amendment judicial-scrutiny probable-cause search-warrant undisclosed-sources Whether a Search Warrant Affidavit that failed to set forth probable cause can survive meaningful scrutiny
20-1060 Jose Oliva v. Mario Nivar, et al. Fifth Circuit 2021-02-03 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) bivens bivens-remedy civil-rights constitutional-remedy constitutional-violation federal-police fourth-amendment law-enforcement search-and-seizure Whether claims against federal police for Fourth Amendment violations committed during standard law enforcement operations fall within an established …
20-7002 Ryan C. Lander v. United States Second Circuit 2021-02-01 Denied Response WaivedIFP 4th-amendment 6th-amendment civil-rights constitutional-rights due-process fourth-amendment free-speech government-seizure plea-bargaining search-and-seizure warrantless-search Is it constitutional to prosecute citizens for cybercrime under the interstate-commerce clause
20-7003 Justin Anthony Kudla v. Minnesota Minnesota 2021-02-01 Denied IFP 4th-amendment criminal-activity criminal-procedure fourth-amendment law-enforcement police-intrusion reasonable-suspicion terry-stop terry-v-ohio traffic-stop Did the district court error by denying the suppression motion?
20-6989 Rodney Louis Sims v. Kimberly A. Seibel, Warden Ninth Circuit 2021-01-29 Denied Response WaivedIFP cell-phone-data criminal-appeal due-process evidence-admissibility fourth-amendment fourth-amendment-jurisprudence ninth-circuit privacy prosecutorial-conduct reasonable-expectation-of-privacy search-and-seizure witness-testimony Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's prohibition on unreasonable sear…
20-6990 Allyn Akeem Smith v. Arizona Arizona 2021-01-29 Denied IFP 4th-amendment Batson-challenge cell-site-location-information csli exclusionary-rule fourth-amendment good-faith-exception jury-selection search-and-seizure standing Does the good faith exception to the exclusionary rule obviate an illegal seizure of CSLI?
20-1043 United States v. Miguel Angel Cano Ninth Circuit 2021-01-29 Denied Relisted (2) border-crime border-related-crimes border-search digital-contraband digital-evidence electronic-device fourth-amendment physical-smuggling warrant-exception Whether the Ninth Circuit erred in concluding that the scope of a search of an electronic device under the border-search exception to the Fourth Amend…
20-1027 Joshua Coleman v. Louisiana Louisiana 2021-01-28 Denied Response Waived dog-sniff fourth-amendment probable-cause reasonable-suspicion traffic-stop unreasonable-seizure unreasonable-seizures Does the Fourth Amendment protection against unreasonable seizures tolerate a dog sniff which prolongs a stop, which occurs after all purposes for the…
20-6960 DeAndre McMichaels v. Illinois Illinois 2021-01-28 Denied Response WaivedIFP 2nd-amendment 4th-amendment concealed-carry fourth-amendment law-enforcement public-carry reasonable-suspicion search-and-seizure terry-stop terry-v-ohio Whether an officer's belief that a person is armed allows the officer to infer for purposes of a Terry search that the person is 'presently dangerous'…
20-6968 Kenton Lance Light v. Texas Texas 2021-01-28 Denied IFP abandonment automobile-exception evidence fourth-amendment methamphetamine probable-cause search-and-seizure Whether the Fourth Amendment was violated when police searched a container on the basis that Petitioner abandoned the item without any evidence that P…
20-6983 Demarcus Cole v. Kevin Myers, Warden Sixth Circuit 2021-01-28 Denied Response WaivedIFP cellular-phone-evidence certificate-of-appealability criminal-procedure fourth-amendment habeas-corpus illegal-evidence ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress trial-counsel Did the Court of Appeals err in denying a Certificate of Appealability on trial counsel was ineffective, when counsel failed to file a pre-trial Motio…
20-1006 City of Hayward, California, et al. v. Jessie Lee Jetmore Stoddard-Nunez Ninth Circuit 2021-01-27 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) civil-rights due-process excessive-force fourth-amendment qualified-immunity section-1983 seizure use-of-force Whether an accelerating fleeing driver's sudden turn deprives a threatened shooting officer of qualified-immunity
20-1005 Sara Dees v. San Diego County, California Ninth Circuit 2021-01-26 Denied Response Waived 42-usc-1983 child-seizure civil-rights due-process family-law fourteenth-amendment fourth-amendment liberty-interest parental-rights section-1983 Is a parent's Fourteenth Amendment liberty interest in the care, custody, control, and management of their child violated when government authorities …
20-993 Jeremy Mickens v. Arkansas Arkansas 2021-01-26 Denied Response Waived 4th-amendment civil-rights criminal-procedure dog-sniff due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure traffic-stop Whether a police officer may extend a traffic stop to conduct a dog sniff
20-995 Anthony Vetri v. United States Third Circuit 2021-01-26 Denied Response Waived 4th-amendment aiding-and-abetting cellphone-data cellphone-privacy criminal-procedure digital-privacy evidence-search fourth-amendment particularity probable-cause search-and-seizure warrant-requirements Whether the Fourth Amendment requires more stringent privacy considerations in authorizing a warrant for the seizure of a cellphone and the manner its…
20-996 Raymond Marling v. Frank Vanihel, Warden Seventh Circuit 2021-01-26 Denied Response Waived 4th-amendment circuit-split closed-container fourth-amendment incriminating-evidence inventory-search officer-discretion standardized-criteria warrantless-search Does a police department's policy sufficiently limit officer discretion during an inventory search if it enables an officer to choose to open a closed…
20-6937 Darris Altony Newsome v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2021-01-26 Denied IFP constitutional-rights criminal-procedure double-jeopardy fourth-amendment habeas-corpus ineffective-assistance-of-counsel mistrial parole Whether the court erred in dismissing the petitioner's writ of habeas corpus as unauthorized and successive
20-982 Sharon Lynn Brown v. Polk County, Wisconsin, et al. Seventh Circuit 2021-01-25 Denied Amici (2)Relisted (3) body-cavity-search civil-rights exigent-circumstances fourth-amendment pre-trial-detainee pretrial-detainee probable-cause search search-and-seizure warrant-requirement Whether the Fourth Amendment permits jail officials to conduct a physical, penetrative search of the vagina and/or anus of a pretrial detainee without…
20-6905 Christopher Payton May-Shaw v. United States Sixth Circuit 2021-01-22 Denied Response RequestedResponse WaivedRelisted (2)IFP curtilage fourth-amendment fourth-amendment-jurisprudence pole-camera reasonable-expectation-of-privacy surveillance warrantless-search Was the warrantless long-term surveillance of the parking lot and carport adjacent to Petitioner's apartment building through the use of a pole camera…
20-6898 Lewis Anderson v. California Ninth Circuit 2021-01-15 Denied IFP civil-procedure civil-rights constitutional-violations due-process federal-jurisdiction federal-petition fourth-amendment habeas-corpus search-and-seizure standing suppress-writ-of-habeas-corpus Whether the district court erred in dismissing petitioner's federal petition for writ of habeas corpus based on a time bar procedure that commands the…
20-6901 Antonio Sierra v. Jack Daneri, et al. Pennsylvania 2021-01-15 Denied IFP 4th-amendment civil-rights criminal-procedure due-process fourth-amendment habeas-corpus rules-of-court standing state-court-error unreasonable-seizure Whether petitioner sufficiently asserted federal rights in the case being heard by state courts who defeated by rules of court, in error, petitioner's…
20-951 Mary Stewart, as Administrator of the Estate of Luke O. Stewart, Sr., Deceased v. City of Euclid, Ohio, et al. Sixth Circuit 2021-01-15 Denied Amici (6) 42-usc-1983 civil-rights constitutional-violation deliberate-indifference fourth-amendment municipal-liability qualified-immunity section-1983 Where a municipal employee has violated the Constitution, must a plaintiff point to 'clearly established law' (such as would overcome a defense of qua…
20-6827 Abdul Majid v. United States Ninth Circuit 2021-01-14 Denied Response WaivedIFP appellate-review deference-to-lower-court fourth-amendment marijuana-legalization motion-to-suppress probable-cause search-and-seizure standard-of-review vehicle-search warrantless-search Whether the Court of Appeals can override the District Court's factual findings and expand the scope of a warrantless search
20-6863 Tommy Findley v. United States Eleventh Circuit 2021-01-13 Denied Response WaivedIFP circuit-split federal-court-review first-amendment fourth-amendment internet-access probable-cause state-law-application supervised-release warrant-application warrant-probable-cause Whether a federal court is required to apply controlling state law in determining whether facts omitted from a warrant application vitiate probable ca…
20-6873 Joshua Harrell v. California California 2021-01-13 Denied Response WaivedIFP civil-rights constitutional-law constitutional-rights due-process fourteenth-amendment fourth-amendment seizure unreasonable-search unreasonable-seizure Whether the unreasonable search and seizure prejudicially violated the Fourth and Fourteenth Amendments to the United States Constitution?
20-6839 Henry Alexander Townsend v. Jeri Taylor, Superintendent, Eastern Oregon Correctional Institution Ninth Circuit 2021-01-12 Denied Response WaivedRelisted (2)IFP absent-homeowner common-authority fourth-amendment search-and-seizure third-party-consent warrant-requirement Whether the Fourth Amendment's prohibition on unreasonable searches and seizures requires the government to obtain a warrant before conducting a searc…
20-6813 Manuel Diaz v. United States Fifth Circuit 2021-01-08 Denied Response WaivedIFP 4th-amendment 5th-amendment child-pornography circuit-split fourth-amendment probable-cause search-warrant warrantless-arrest Whether an officer has probable cause to obtain a search warrant or to make a warrantless arrest for the offense of possession of child pornography ba…
20-6814 Rodney Johnson v. Illinois Illinois 2021-01-08 Denied IFP 4th-amendment family-home fourth-amendment parolee-search parolees police-misconduct privacy-rights samson-precedent search suspicionless-search warrantless-search Whether Illinois has lowered the bar of reasonableness for the search of parolees beyond this Court's holding in Samson v. California, 547 U.S. 843 (2…
20-919 Richard Spinnenweber, et al. v. Dan Williams Eleventh Circuit 2021-01-08 Denied Response Waived arrest civil-rights criminal-arrest criminal-procedure district-court due-process fourth-amendment judicial-determination law-enforcement legal-standard probable-cause Whether the district court erred in holding that there was probable cause to believe the plaintiffs had committed the crime for which they were arrest…
20-896 Teresa M. Graham v. Shannon L. Barnette, et al. Eighth Circuit 2021-01-07 GVR Response RequestedRelisted (2) circuit-split community-caretaking fourth-amendment home-entry home-search qualified-immunity search-and-seizure warrant-requirement whether-the-community-caretaking-exception-extends-to-the-home
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
20-6774 Craig B. Snoddy v. United States Sixth Circuit 2021-01-05 Denied Response WaivedIFP 4th-amendment colorado-v-bertine fourth-amendment inventory-search investigative-search search-and-seizure south-dakota-v-opperman supreme-court-precedent vehicle-search warrantless-search Whether the court of appeals' decision not to suppress evidence found in a warrantless vehicle search conflicts with Supreme Court precedent on invent…
20-6753 Andre Martel Winn v. United States Ninth Circuit 2021-01-04 Denied Response WaivedIFP circuit-split civil-rights due-process electronic-device-search electronic-devices fourth-amendment inevitable-discovery search-and-seizure supervisory-powers warrant warrant-validity Whether the Ninth Circuit's application of the inevitable-discovery-exception
20-6763 Arnold Maurice Mathis v. Zulaika Zoe Vizcarrondo Eleventh Circuit 2021-01-04 Denied Response WaivedIFP compensatory-damages false-arrest fourteenth-amendment fourth-amendment qualified-immunity statute-of-limitations warrantless-search Whether the Court of Appeals for the Eleventh Circuit correctly dismissed Petitioners Counts ILand IIL of the Original Complaint for false arrest on t…
20-6740 Darnell Lewis Peak v. Pennsylvania Pennsylvania 2020-12-31 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment impoundment inventory-search pennsylvania-law police-procedure private-property vehicle-impoundment Whether the inventory search was illegal under 75 Pa.C.S. § 6309(a) as no public interest was threatened
20-870 John W. Orem, et ux. v. Matthew Gillmore, et al. Fourth Circuit 2020-12-31 Denied Response Waived 42-usc-1983 4th-amendment civil-procedure civil-rights fourth-amendment medical-privacy probable-cause qualified-immunity search search-and-seizure Whether the Respondent State Trooper's lack of probable cause to search was sufficiently clear, when all reasonable inferences are made in Petitioner'…
20-6721 Monwell Dwight Booth v. United States Ninth Circuit 2020-12-30 Denied Response WaivedIFP appellate-procedure appellate-review civil-rights constitutional-law constitutional-rights district-court fourth-amendment legal-standard search-and-seizure standard-of-review Whether the court erred in affirming the district court's decision that petitioner's Fourth Amendment rights were not violated?
20-6733 John Christopher Ferguson v. United States Fifth Circuit 2020-12-30 Denied Response WaivedIFP 4th-amendment affidavit exclusionary-rule fourth-amendment good-faith-exception jurisdiction jurisdictional-limits law-enforcement search-warrant warrant-affidavit Whether the good faith exception to the exclusionary rule applies where law enforcement knew or should have known the affidavit would lead to a mistak…
20-6725 Larry Durant v. South Carolina South Carolina 2020-12-29 Denied Response WaivedIFP brady-violation cell-phone-data criminal-sexual-conduct digital-privacy fourth-amendment fourth-amendment-jurisprudence judicial-instruction jury-coercion privacy search-and-seizure sixth-amendment trial-procedure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
20-6701 Benjamin Pedraza, III v. Ohio Ohio 2020-12-23 Denied Response WaivedIFP cell-phone-data constitutional-rights criminal-procedure eighth-amendment fifth-amendment fourteenth-amendment fourth-amendment law-enforcement-procedure privacy-expectation search-and-seizure warrantless-search Whether a third party has expectation of privacy in cell-phone data obtained without a warrant
20-6704 Agustin Calderon v. Texas Texas 2020-12-23 Denied IFP cell-phone-data digital-privacy fourth-amendment fourth-amendment-jurisprudence privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
20-6693 Tarcisio Valencia-Barragan v. United States Ninth Circuit 2020-12-22 Denied Relisted (2)IFP attenuation-doctrine flight fourth-amendment illegal-stop police-authority seizure Whether a suspect's flight alone, after submitting to police authority, is sufficient to establish attenuation from an illegal stop and seizure to pur…
20-840 Kenneth Knowles v. Officer Jason Michael Hart Eleventh Circuit 2020-12-22 Denied 2nd-amendment 4th-amendment civil-rights deadly-force due-process fourth-amendment police-entry second-amendment self-defense standing use-of-force Does the Fourth Amendment authorize the use of deadly force against a citizen exercising her Second Amendment right to wear a holstered, licensed hand…
20-825 Christopher Brewer v. Teresa Hooks, et al. Eleventh Circuit 2020-12-18 Denied 4th-amendment causal-connection fourth-amendment informant informant-testimony probable-cause qualified-immunity search-warrant section-1983 Whether probable cause or arguable probable cause exists to seek a search warrant where an officer relies upon an informant who turns himself in, admi…
20-823 Robert Lee Crider v. Texas Texas 2020-12-17 Denied blood-extraction bodily-intrusion chemical-analysis fourth-amendment fourth-amendment-violation search search-and-seizure warrant warrant-scope Whether a Fourth Amendment violation occurs when the government extracts a blood sample by compelled intrusion into a person's body and then chemicall…
20-6648 Gezo Goeong Edwards, aka Gezo Edwards, aka Zo v. United States District of Columbia 2020-12-17 Denied Response WaivedIFP civil-rights constitutional-rights due-process exclusionary-rule fourth-amendment habeas-corpus privacy search-and-seizure standing state-court-conviction Whether the government's warrantless acquisition of cell-site location information violates the Fourth Amendment
20-785 Eboni Nicole Baldwin v. Latoisha Dorsey Fifth Circuit 2020-12-10 Denied Response Waived 14th-amendment 4th-amendment civil-rights deliberate-indifference due-process fourteenth-amendment fourth-amendment medical-care medical-care-delay pre-gerstein-arrestee state-actor-liability How many hours of delayed mental health care is reasonable before a state actor can be held liable for deliberately indifferent or objectively unreaso…
20-6580 Joseph W. Peeples, III v. United States Second Circuit 2020-12-09 Denied Response WaivedIFP arrest civil-rights constitutional-rights criminal-procedure detention due-process evidence-admissibility fourth-amendment search-and-seizure travel warrantless-search Whether the Fourth and Fourteenth Amendments, along with the Federal Rules of Criminal Procedure, allow any person suspected of a crime to freely trav…
20-6588 Kenneth Scott Gordon v. United States Ninth Circuit 2020-12-09 Denied Response WaivedIFP adversarial-testing appellate-procedure certificate-of-appealability criminal-defense effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel meaningful-adversarial-testing prosecutions-case sixth-amendment Should a certificate of appealability issue due to ineffective assistance of appellate counsel?
20-6591 Jose Delores Vanegas v. United States Fourth Circuit 2020-12-09 Denied Response WaivedIFP constitutional-rights conviction due-process fifth-amendment fourth-amendment judicial-discretion prosecutorial-misconduct remand whether-the-trial-court-abused-its-discretion
20-6544 Randall S. Overton v. Matt Macauley, Warden Sixth Circuit 2020-12-07 Denied Response WaivedIFP cell-phone-data fourth-amendment fourth-amendment-jurisprudence privacy reasonable-expectation-of-privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
20-6551 Andy Williams v. United States Second Circuit 2020-12-07 Denied Relisted (2)IFP constitutional-law criminal-procedure fourth-amendment inventory-search probable-cause reasonable-suspicion rehaif-v-united-states warrantless-search Was the second warrantless search of the car -which followed the completed inventory search and was prompted by an officer's later-developed suspicion…
20-6495 Michael Alford v. United States Eleventh Circuit 2020-12-02 Denied Response WaivedIFP 4th-amendment 5th-amendment civil-rights constitutional-rights due-process fourth-amendment government-seizure personal-property property-return property-rights riley-v-california search-and-seizure Whether the court erred in refusing to return personal property
20-6472 Raquel Cortez v. United States Tenth Circuit 2020-12-01 Denied Response WaivedIFP 4th-amendment border-patrol civil-rights due-process fourth-amendment law-enforcement reasonable-suspicion search-and-seizure traffic-stop Whether the same rule applies when an officer extends a traffic stop to allow border patrol agents to arrive without reasonable suspicion or other law…
20-6475 Samer Walid Abdalla v. United States Sixth Circuit 2020-11-30 Denied Response WaivedIFP fourth-amendment judicial-authorization law-enforcement neutral-magistrate particularity probable-cause residence search-warrant warrant-specificity Whether the Fourth Amendment was violated when officers executed a search warrant that authorized the search of a different residence in a different t…
20-6480 Maurice Freeman v. United States Eighth Circuit 2020-11-30 Denied Response WaivedIFP 4th-amendment bailey-v-united-states detention fourth-amendment immediate-vicinity michigan-v-summers police-authority premises-search probable-cause reasonable-suspicion search-and-seizure search-warrant Does the rule of Michigan v. Summers extend to individuals on a public street near the residence?
20-6444 Ronnie Eugene Fuston v. Oklahoma Oklahoma 2020-11-27 Denied IFP cell-site-location-information fourth-amendment good-faith-exception probable-cause state-statute statutory-interpretation warrant-requirement Whether the state appellate court erroneously applied the good-faith-exception to the warrant-requirement despite a state-statute requiring a finding …
20-6445 Cristofer Jose Gallegos-Espinal v. United States Fifth Circuit 2020-11-27 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-search consent consent-form forensic-search fourth-amendment government-surveillance perpetuity riley-precedent riley-v-california Whether verbal consent to 'look through' a cell phone, followed by written consent on an outmoded pre-Riley consent form, permits the government to pe…
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…
20-6453 Marcos Alejandro Gonzalez Flores v. United States Ninth Circuit 2020-11-25 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process fourth-amendment search-and-seizure suppression-hearing suppression-motion witness-testimony Whether the Sixth Amendment's Confrontation Clause, the Fifth Amendment's Due Process Clause, or some other authority guarantees a criminal defendant …
20-6454 Mark David Zimmerman v. Texas Texas 2020-11-25 Denied IFP 4th-amendment constitutional-law constitutional-rights fourth-amendment fruit-of-the-poisonous-tree k-9-search probable-cause reasonable-suspicion search-and-seizure traffic-stop Whether the lower court erred in denying Petitioner's motion to suppress evidence obtained during a traffic stop under the Fourth Amendment search-and…
20-733 Terrill A. Rickmon, Sr. v. United States Seventh Circuit 2020-11-25 Denied 4th-amendment circuit-split due-process emergency-exception fourth-amendment individualized-suspicion reasonable-suspicion terry-stop terry-v-ohio Does the sound of gunshots create an emergency so that the 'individualized suspicion' required by Terry attaches to anyone near the shots?
20-6421 In Re Timothy J. Richards 2020-11-24 Denied IFP civil-rights due-process fourth-amendment government-overreach property-rights search-and-seizure Whether the government's warrantless seizure and indefinite retention of a person's personal property violates the Fourth Amendment's prohibition on u…
20-6404 Henry T. Liggins v. Bob Vashaw, Warden Sixth Circuit 2020-11-23 Denied Relisted (2)IFP appellate-procedure civil-rights constitutional-rights criminal-procedure due-process evidence fourth-amendment ineffective-assistance-of-counsel judicial-review legal-standing statutory-interpretation Whether the petitioner's constitutional rights were violated due to the alleged misconduct of the court and prosecution during his criminal trial
20-6400 Kenneth Lamont Sanders v. United States Eighth Circuit 2020-11-20 GVR Response RequestedResponse WaivedRelisted (4)IFP child-welfare civil-rights community-caretaker community-caretaker-exception domestic-intervention domestic-violence fourth-amendment law-enforcement-procedure warrantless-entry welfare-check Whether the community caretaker exception to the Fourth Amendment allowed warrantless entry
20-6343 Ashley Fernandes v. Massachusetts Massachusetts 2020-11-16 Denied Response WaivedIFP 4th-amendment criminal-procedure digital-devices digital-search-warrant electronic-evidence evidence fourth-amendment general-warrants probable-cause search-and-seizure search-warrant Whether a search warrant can authorize an unlimited search of all of a suspect's digital devices based on an affidavit describing the type of crime be…
20-6300 Bryan Mitchell Lietzau v. Arizona Arizona 2020-11-13 Denied IFP cell-phone cell-phone-privacy fourth-amendment privacy-rights probation probation-search reasonable-suspicion search warrantless-search Does the Fourth Amendment require reasonable suspicion for a probation officer to conduct a warrantless search of a probationer's person or property?
20-6309 Emilio Urena-Villa v. United States Ninth Circuit 2020-11-13 Denied Response WaivedIFP constitutional-claim constitutional-law counsel-performance criminal-procedure fourth-amendment ineffective-assistance ineffective-assistance-of-counsel kimmelman-v-morrison motion-to-suppress strickland-standard strickland-v-washington Whether appointed counsel was ineffective for failure to file viable motion to suppress pursuant to Fourth Amendment claim
20-6315 Darris Altony Newsome v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2020-11-13 Denied IFP criminal-charges criminal-procedure double-jeopardy due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause sixth-amendment victim-testimony witness-testimony Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated due to trial counsel's conduct involving dishonesty tha…
20-6320 Dianne Michele Carter v. Thomas Pellicane, et al. Fourth Circuit 2020-11-13 Denied Response WaivedIFP bench-warrant civil-procedure constitution constitutional-supremacy due-process fourth-amendment religious-establishment separation-of-powers service-of-process standing superior-law Whether the Constitution or an ordinary act of the legislature governs the case
20-659 Larry Thompson v. Pagiel Clark, et al. Second Circuit 2020-11-13 Judgment Issued Amici (17)Response RequestedResponse WaivedRelisted (3) circuit-split civil-procedure civil-rights criminal-procedure due-process exigent-circumstances favorable-termination fourth-amendment section-1983 standing warrantless-entry Whether the rule that a plaintiff must await favorable termination before bringing a Section 1983 action alleging unreasonable seizure pursuant to leg…
20-645 Standing Akimbo, LLC, et al. v. United States Tenth Circuit 2020-11-12 Denied Relisted (13) 16th-amendment 4th-amendment controlled-substances-act fifth-amendment fourth-amendment preemption self-incrimination state-rights supremacy-clause tax-law Does Colorado's state-legal cannabis sales violate the Controlled Substances Act?
20-653 Henry Hamilton v. City of Hayti, Missouri, et al. Eighth Circuit 2020-11-12 Denied Response Waived arrest-warrant arrest-warrants discretionary-authority fourth-amendment gerstein-v-pugh judicial-immunity municipal-court probable-cause quasi-judicial-immunity Did the court clerk unconstitutionally exercise a judicial function under the Fourth Amendment and Gerstein v. Pugh
20-6262 Daniel Twian Brown v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-11-10 Denied IFP certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment fourth-amendment ineffective-counsel warrantless-arrest Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability
20-6265 Alfredo Aguilar Jr. v. United States Fifth Circuit 2020-11-10 Denied Response WaivedIFP 4th-amendment border-search cell-phone cell-phone-privacy forensic-examination fourth-amendment privacy riley-precedent riley-v-california warrant warrantless-search Whether a warrantless forensic search of a cell phone at a border port of entry is an unreasonable search
20-636 Shase Howse v. Thomas Hodous, et al. Sixth Circuit 2020-11-10 Denied and strike him in the neck when he poses no threa and whether a Fourth Amendment malicious prosecut tackle him circuit-split civil-rights excessive-force false-arrest fourth-amendment malicious-prosecution qualified-immunity unlawful-arrest Whether the law is clearly established that an officer cannot arrest a person whom the officer has no reason to believe committed a crime, tackle him …
20-595 Dennis Lemma, Sheriff, Seminole County, Florida v. Seana Barnett Eleventh Circuit 2020-11-05 Denied 4th-amendment civil-rights constitutional-reasonableness detention detention-duration due-process dui dui-arrest fourth-amendment law-enforcement probable-cause Is it constitutionally unreasonable for a jail to detain for eight hours any driver arrested with probable cause for driving under the influence of al…
20-6236 Fuad Ndibalema v. Mark A. Levine Vermont 2020-11-05 Denied Response WaivedIFP adequate-remedy civil-procedure constitutional-law declaratory-relief due-process fourteenth-amendment fourth-amendment legal-remedy property-rights Whether the Existence of another Adequate Remedy does preclude a Judgment for Declaratory Relief
20-6238 Demon O'Neil Parker v. United States Fourth Circuit 2020-11-05 Denied Response WaivedIFP abuse-of-discretion cell-site-location-information constitutional-review criminal-sentencing first-step-act fourth-amendment fourth-amendment-violation reasonable-expectation-of-privacy rehabilitation search-and-seizure sentence-reduction standing Whether the Fourth Amendment's prohibition on unreasonable searches and seizures applies to the government's acquisition of historical cell-site locat…
20-6216 Michael E. Torres v. United States Third Circuit 2020-11-04 Denied Response WaivedIFP armed-career-criminal-act arrest criminal-procedure drug-conviction fourth-amendment fourth-amendment-seizure investigative-detention probable-cause reasonable-suspicion Did the Third Circuit err in viewing the police conduct as no more than a brief investigative detention and thus justified by reasonable suspicion ins…
20-585 Greg Vasquez, et al. v. Maritza Amador, Individually and as Representative of the Estate of Gilbert Flores and as Next Friend of Minor R. M. F., et al. Fifth Circuit 2020-11-03 Denied Amici (1)Response RequestedRelisted (2) civil-rights deadly-force fourth-amendment law-enforcement police-intervention police-use-of-force qualified-immunity reasonableness-standard suicide-by-cop use-of-force Reasonableness-of-force-under-4th-Amendment
20-6194 Brian E. Vodicka v. Michael B. Tobolowsky, Executor of the Estate of Ira E. Tobolowsky, et al. Texas 2020-11-03 Denied IFP 4th-amendment carpenter-v-united-states cell-phone-data civil-rights digital-privacy due-process fourth-amendment mandamus-petition riley-v-california search-and-seizure supreme-court-precedent warrantless-search Whether the warrantless search and seizure of a cell phone's digital contents and location information by a private citizen debt collector violates th…
20-578 Sergeant Gary Hedger, et al. v. Ronald Graves Sixth Circuit 2020-11-02 Denied Response RequestedRelisted (7) deadly-force fourth-amendment homicidal-suspect law-enforcement perceived-threat qualified-immunity taser-deployment use-of-force violent-suspect Did the Sixth Circuit misapply or disregard this Court's precedent by holding that a law enforcement officer violates the Fourth Amendment and clearly…
20-580 Barry Damon Mallatere v. Town of Boone, North Carolina Fourth Circuit 2020-11-02 Denied Response Waived 42-usc-1983 ashcroft-v-iqbal civil-rights fourth-amendment malicious-prosecution monell-v-dept-of-soc-servs municipal-liability policymaker-liability Did the Fourth Circuit err in upholding the district court's dismissal of the Petitioner's claim for violation of 42 U.S.C. § 1983 in finding that the…
20-6181 Hasan Shareef v. Captain Moore, et al. Third Circuit 2020-11-02 Denied IFP cell-phone-data constitutional-law fourth-amendment fourth-amendment-jurisprudence privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
20-564 Rodney Carlisle, Jr. v. Kentucky Kentucky 2020-10-30 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) circuit-split criminal-history-check fourth-amendment fourth-amendment-requirements law-enforcement officer-safety probable-cause traffic-stop Whether the Fourth Amendment permits law enforcement to prolong every traffic stop by performing a criminal history check, or whether the Fourth Amend…
20-576 Sharon Darlene Lopez v. California California 2020-10-30 Denied Response Waived blood-draw civil-rights consent constitutional-rights driving-privilege due-process fourth-amendment implied-consent search warrantless-search Can the State of California condition driving upon its public highways upon a motorist's agreement to surrender Fourth Amendment rights for purposes o…
20-6172 Yulian Manuel Villavicencio, aka Cristian Rodriguez v. United States Fourth Circuit 2020-10-30 Denied Response WaivedIFP 4th-amendment due-process fourth-amendment interdiction probable-cause reasonable-suspicion search traffic-stop vehicle-search Whether payment of $630 for a SUV rental in the defendant's home state of Florida to go to North Carolina for a visit, the inability to recall the spe…
20-6175 Rico Walker v. Vance Laughlin, Warden Georgia 2020-10-30 Denied IFP constitutional-rights criminal-procedure due-process equal-protection fourth-amendment indictment-sufficiency ineffective-assistance-of-counsel jurisdiction jurisdictional-challenge notice-of-charges void-conviction Can Petitioner be convicted of a crime where the Indictment fails to allege the essential elements of the crime charged?
20-6161 Joey Lamont Brunson v. United States Fourth Circuit 2020-10-29 Denied Relisted (2)IFP criminal-procedure evidence-suppression exclusionary-rule fourth-amendment legal-insufficiency statutory-interpretation suppression-of-evidence surveillance-law wiretap-order wiretapping Whether a wiretap order that fails to specify the name of the person who authorized the application for such order is insufficient on its face, thereb…
20-552 Jeremiah Paige Rice v. Illinois Illinois 2020-10-28 Denied Response Waived 4th-amendment civil-rights constitutional-rights due-process fourth-amendment free-speech healthcare medical-cannabis probable-cause search-and-seizure warrantless-search Whether the detectable odor of burnt cannabis alone, without any other indicators, is sufficient for law enforcement to form probable cause to subject…
20-6149 Jose Sanchez v. United States Eighth Circuit 2020-10-28 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement probable-cause search-and-seizure traffic-stop unreasonable-search Whether an unlawful search of a vehicle performed by law enforcement after an improperly conducted dog sniff constitutes an unreasonable extension of …
20-6150 Andres Keyon Roman v. United States Fifth Circuit 2020-10-28 Denied Response WaivedIFP 4th-amendment collective-knowledge due-process fourth-amendment narcotics reasonable-suspicion search-and-seizure substantive-due-process vehicle-search warrantless-search Whether the District Court denied the Petitioner's constitutional right to substantive due process under the Fourth Amendment in this narcotics case b…
20-6139 Pedro Alvarado v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2020-10-27 Denied Relisted (2)IFP civil-rights due-process fourth-amendment property-rights search-and-seizure takings Whether the government's seizure of a person's property without a warrant or probable cause violates the Fourth Amendment's protection against unreaso…
20-6142 Steven Spain v. Illinois Illinois 2020-10-27 Denied Response WaivedIFP 2nd-amendment 4th-amendment civil-rights due-process fourth-amendment gun-rights law-enforcement probable-cause reasonable-suspicion second-amendment terry-v-ohio In a state that allows residents to carry a firearm in public, is it reasonable under the Fourth Amendment to stop and arrest someone for carrying a f…
20-6132 Mose B. Coffee v. Wisconsin Wisconsin 2020-10-26 Denied Response WaivedIFP categorical-approach crime-of-arrest fourth-amendment probable-cause reasonable-suspicion search-incident-to-arrest vehicle-search warrant-requirement Does Gant's exception to the Fourth Amendment's warrant requirement permit searches on probable-cause, reasonable-suspicion or a categorical-approach …
20-529 Richard E. Boggs v. United States Fourth Circuit 2020-10-21 Denied Response WaivedRelisted (2) 4th-amendment 5th-amendment administrative-law administrative-procedure civil-rights enforcement-scope fifth-amendment fourth-amendment internal-revenue-enforcement irs-authority judicial-review standing Does 26 U.S.C. §7608 establish the relevant requisite authority of IRS agents?
20-6090 Reginald Ferguson v. United States Sixth Circuit 2020-10-21 Denied Relisted (2)IFP civil-rights consensual-encounter consent criminal-procedure due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion testimony Can a court determine that an encounter was initially consensual when the officer testified that he did not remember how it was initiated, nor is it c…
20-518 Darrius Marcel Mastin v. United States Eleventh Circuit 2020-10-20 Denied arrest-warrant bystander-detention constitutional-law fourth-amendment law-enforcement-authority michigan-v-summers police-powers probable-cause reasonable-suspicion search-and-seizure Whether Michigan v. Summers authorizes detaining a bystander without individualized suspicion
20-526 Jason M. Blackburn v. United States Armed Forces 2020-10-20 Denied Response Waived 4th-amendment child-pornography criminal-procedure digital-evidence fourth-amendment good-faith-exception military-justice probable-cause search-and-seizure search-warrant Whether the Court of Appeals erred in holding the good faith exception applied to the search and seizure of Petitioner's computer?
20-6086 Brittan Kettles v. United States Sixth Circuit 2020-10-20 Denied Response WaivedIFP cell-phone-data digital-privacy fourth-amendment fourth-amendment-jurisprudence privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
20-6068 Willie Gross, Jr. v. Darrel Vannoy, Warden Fifth Circuit 2020-10-19 Denied Response WaivedIFP cell-phone-data fourth-amendment fourth-amendment-jurisprudence privacy reasonable-expectation-of-privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
20-6073 Desmond Littlejohn v. United States Fourth Circuit 2020-10-19 Denied Response WaivedIFP 18-usc-924c certiorari-review civil-rights crimes-of-violence criminal-procedure due-process federal-criminal-law fourth-amendment ninth-circuit sentencing statutory-interpretation Whether the Fourth Amendment prohibits the government from using a person's prior convictions for a crime of violence as a basis to enhance the senten…
20-498 Sonia Garcia, et vir v. Wesley Blevins, et al. Fifth Circuit 2020-10-16 Denied Response Waived 4th-amendment civil-rights clearly-established-law constitutional-rights deadly-force fourth-amendment qualified-immunity stare-decisis unpublished-decisions unpublished-opinions Whether a person holding a gun has a Fourth Amendment right to be free from deadly force
20-6055 Terrill Bernard Weatherspoon v. United States Fourth Circuit 2020-10-16 Denied Response WaivedIFP 4th-amendment companion-rule fourth-amendment law-enforcement officer-safety pat-down-search reasonable-suspicion search-and-seizure terry-stop terry-v-ohio Must an officer have a reasonable suspicion that a companion of an arrestee is armed and dangerous, independently of a reasonable suspicion that the a…
20-6012 Allen Young v. United States Seventh Circuit 2020-10-14 Denied Response WaivedIFP constitutional-defect discovery-violations due-process fifth-amendment fourth-amendment indictment-defects insufficient-evidence perjury prosecutorial-misconduct search-and-seizure Question not identified
20-477 Shanika Day, et al. v. Franklin Wooten, et al. Seventh Circuit 2020-10-13 Denied Response RequestedResponse WaivedRelisted (2) asphyxiation civil-rights constitutional-rights due-process excessive-force fourth-amendment law-enforcement positional-asphyxiation qualified-immunity section-1983 Does an arrestee have a clearly established right to have his difficulty breathing considered by officers in their handcuff and adverse body position,…
20-5991 Mayra Yurivia Reyes v. United States Fifth Circuit 2020-10-09 Denied Response WaivedIFP 4th-amendment canine-sniff detention-extension drug-enforcement fourth-amendment law-enforcement reasonable-suspicion search-and-seizure traffic-stop Whether Reyes' 4th Amendment Rights were violated
20-456 Michael Elder v. United States Second Circuit 2020-10-08 Denied 4th-amendment civil-procedure exclusionary-rule fourth-amendment judicial-procedure official-misconduct party-presentation search-and-seizure supervisee-rights supervisee-search suspicionless-search Whether the Second Circuit violated the party presentation principle
20-5960 Joe Hernandez v. United States Fifth Circuit 2020-10-08 Denied Response WaivedIFP arrest-warrant constitutional-rights fourth-amendment law-enforcement maryland-v-buie probable-cause protective-sweep search-and-seizure standard-procedure Does a protective sweep of person's entire residence by law enforcement officers pursuant to 'standard procedure' upon their entry when serving an arr…
20-5967 John Elisha Mayville v. United States Tenth Circuit 2020-10-08 Denied Response WaivedIFP criminal-history-check dog-sniff fourth-amendment officer-safety out-of-state-plates reasonable-suspicion tenth-circuit traffic-stop Whether an officer can conduct unrelated investigations during a traffic stop
20-5918 Leonard F. Locke, Jr. v. United States Eighth Circuit 2020-10-06 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights defense-counsel due-process fourth-amendment ineffective-assistance-of-counsel police-misconduct probable-cause search-and-seizure traffic-stop warrantless-search Question not identified
20-5911 Josh Albritton v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2020-10-05 Denied Relisted (2)IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
20-412 Mark Stanford Katzman v. Michigan Michigan 2020-10-01 Denied digital-privacy digital-trespass fourth-amendment police-impersonation reasonable-expectation-of-privacy search-and-seizure standing standing-to-challenge trespass Whether the Fourth Amendment permits the police to undetectably impersonate the owner of a phone via text message, and arrest another person by means …
20-5850 Aaron Keith Avery v. United States Fifth Circuit 2020-09-30 Denied Response WaivedIFP arbitrary-questioning border-patrol civil-rights criminal-procedure fourth-amendment immigration-checkpoint martinez-fuerte programmatic-purpose united-states-v-martinez-fuerte Does the Border Patrol's unfettered and arbitrary questioning of those stopped at an immigration checkpoint to ferret out crime go beyond the limited …
20-5860 Miguel Antonio Wooten v. Warren L. Montgomery, Warden Ninth Circuit 2020-09-30 Denied Response WaivedIFP county-of-riverside-v-mclaughlin criminal-procedure due-process effective-assistance-of-counsel fourth-amendment habeas-corpus probable-cause sixth-amendment Whether petitioner's Sixth Amendment right to effective assistance of counsel was violated
20-411 Traize T. Wash v. Ohio Ohio 2020-09-29 Denied Response Waived 4th-amendment automobile-exception civil-rights fourth-amendment law-enforcement pretextual-stop probable-cause racial-profiling reasonable-suspicion search-and-seizure whren-v-united-states Whether a police officer's subjective intent should be considered in the context of a Fourth Amendment analysis involving a pretextual stop and unreas…
20-5829 Jerry Fruit v. United States Third Circuit 2020-09-29 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement officer-safety probable-cause rodriguez-precedent search-and-seizure traffic-stop Whether police may delay a traffic stop, in the interest of officer safety, absent probable cause, in order to conduct a search?
20-5843 Courtney C. Brown v. Wisconsin Wisconsin 2020-09-29 Denied Response WaivedIFP 4th-amendment constitutional-rights fourth-amendment police-authority reasonable-suspicion rodriguez-v-us search search-and-seizure totality-of-circumstances traffic-stop Should the Court reverse Pennsylvania v. Mimms?
20-5822 Eric Terrell Spears v. South Carolina South Carolina 2020-09-28 Denied Response WaivedIFP civil-rights constitutional-rights due-process fourth-amendment law-enforcement-bias police-brutality police-interaction race racial-profiling seizure seizure-doctrine Whether a court must take into account a Black person's race when determining whether they are seized under the Fourth Amendment
20-5814 Anthony Kinta Webb v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-09-25 Denied Relisted (2)IFP 6th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment jury-selection probable-cause public-trial search-and-seizure Whether the Sixth Amendment right to a public trial applies to jury selection proceedings
20-5789 Gerard Nguedi v. Brian Caulfield, et al. Second Circuit 2020-09-24 Denied IFP civil-procedure civil-rights constitutional-rights due-process excessive-force fourth-amendment law-enforcement police-misconduct qualified-immunity Are police officers entitled to qualified immunity even if they use substantial force against non-threatening suspected misdemeanants?
20-5794 Scott T. Wilbert v. United States Second Circuit 2020-09-24 Denied Response WaivedIFP appellate-review criminal-procedure fourth-amendment franks-hearing probable-cause search-and-seizure second-circuit suppression-motion Should certiorari be granted due to improper affirmation of Fourth Amendment suppression motion denial?
20-5749 Elijah Hart v. United States Eleventh Circuit 2020-09-17 Denied Response WaivedIFP constitutional-infirmity fourth-amendment good-faith-exception law-enforcement law-enforcement-disclosure magistrate-judge magistrate-review warrant warrant-application Whether the good-faith exception should apply when law enforcement officers technically disclose a crucial fact that would reveal a warrant's constitu…
20-5718 Raheim Abdullah Trice v. United States Sixth Circuit 2020-09-16 Denied Response RequestedResponse WaivedRelisted (2)IFP apartment-building covert-surveillance fourth-amendment law-enforcement privacy-rights reasonable-expectation-of-privacy search-and-seizure surveillance unlawful-search warrant-requirement warrantless-search Whether a law enforcement official entering an unlocked apartment building, without permission and without a warrant, placing a 'covert camera' disgui…
20-5727 Martez LaJuan Edwards v. United States Sixth Circuit 2020-09-16 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression fourth-amendment jury probable-cause search-and-seizure standing Question not identified
20-5690 Darrick Michael Loff v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2020-09-14 Denied Response WaivedIFP civil-rights constitutional-rights due-process evidence-tampering false-arrest fourth-amendment law-enforcement malicious-prosecution probable-cause property-seizure search-and-seizure warrantless-search Whether the arresting officer had permission to enter and search the appellant's family property, and whether it was legal for the officer to accept a…
20-5637 Limmia Page v. New York New York 2020-09-10 Denied Response WaivedIFP citizen-arrest citizen's-arrest civil-rights color-of-law customs-and-border-patrol federal-preemption fourth-amendment law-enforcement search-and-seizure unreasonable-search vehicle-stop Whether a citizen loses the right to be free from unreasonable searches and seizures because an on-duty federal agent acting under color of law makes …
20-5601 Eric Wayne Grinder v. United States Fourth Circuit 2020-09-08 Denied Response WaivedIFP circuit-split computer-search computer-searches digital-evidence fourth-amendment fourth-amendment-rights particularity-requirement search-and-seizure search-warrant Does the conflict of the particularity required for computer searches between the Fourth and Tenth Circuits diminish Fourth Amendment rights?
20-5606 Keith A. Brown v. Alberto Ramirez Ninth Circuit 2020-09-08 Denied Response WaivedIFP burden-of-proof certificate-of-appealability constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment incompetent-defendant motion-to-suppress suppression-of-evidence When the state fails to carry its burden of proof in a motion to suppress hearing, is the remedy suppression of the evidence or can the state have a s…
20-283 Austin J. Bass v. Patrick M. Greve, et al. Sixth Circuit 2020-09-03 Denied Response RequestedResponse WaivedRelisted (6) 4th-amendment arrest arrest-justification civil-rights criminal-intent due-process fourth-amendment law-enforcement-discretion probable-cause qualified-immunity Whether Officer Bass had probable cause to arrest under the Fourth Amendment
20-5568 Alex Alberto Castro v. United States Sixth Circuit 2020-09-03 Denied Response WaivedIFP 4th-amendment appellate-review criminal-procedure evidence-law exclusionary-rule fourth-amendment motion-to-suppress search-and-seizure suppression-of-evidence wiretap-suppression wiretaps Whether the Court of Appeals erred in affirming the District Court's Order denying the defense motion to suppress wiretaps
20-5589 Wali Ross v. United States Eleventh Circuit 2020-09-03 Denied Response RequestedResponse WaivedRelisted (2)IFP arrest-warrant fourth-amendment hotel-eviction hotel-room payton possessory-interest probable-cause reasonable-belief search-and-seizure Whether officers must have probable cause to believe a suspect is present to justify entry into a hotel room to execute an arrest warrant
20-5571 Angel C. Pacheco v. Maine Maine 2020-09-02 Denied Response WaivedIFP any-persons-present collective-searches criminal-procedure drug-trafficking fourth-amendment probable-cause search-warrant warrant-standard Whether the Fourth Amendment requires probable cause that each person present will possess evidence of a crime, or only that the collective searches o…
20-253 Christopher Castagna, et al. v. Harry Jean, et al. First Circuit 2020-09-01 Denied community-caretaking fourth-amendment home-sanctity police-intrusion qualified-immunity sanctity-of-home search-and-seizure warrantless-entry Whether the community caretaking exception to the Fourth Amendment's warrant requirement applies to warrantless, unconsented-to entries by police offi…
20-5555 Franklin C. Edwards v. Illinois Illinois 2020-09-01 Denied Response WaivedIFP 4th-amendment civil-rights criminal-procedure fourth-amendment investigatory-stop kansas-v-glover law-enforcement probable-cause reasonable-suspicion traffic-stop vehicle-search Whether the traffic stop was lawful where the police had no idea who the driver was but knew the registered owner of the vehicle was neither involved …
20-5523 Brian Jury v. David W. Gray, Warden Sixth Circuit 2020-08-26 Denied Response WaivedRelisted (2)IFP certificate-of-appealability circuit-court civil-procedure civil-rights constitutional-claims due-process fourteenth-amendment fourth-amendment habeas-corpus standing statutory-procedure Whether the district court's assessment of the petitioner's constitutional claims was debatable or wrong, and whether the habeas corpus petition claim…
20-5476 Derek Tyler Horton v. Alabama Alabama 2020-08-25 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights duty-to-investigate fourth-amendment law-enforcement lawful-arrest pretext pretextual-arrest probable-cause warrant-validity Whether a police officer's reason for acting should factor into the Fourth Amendment inquiry
20-5482 Marvin Arido Sorro v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2020-08-25 Denied Response WaivedIFP civil-procedure civil-rights constitutional-violation due-process federal-law fourth-amendment judicial-proceedings jurisdictional-challenge procedural-rights standing Did the United States District Court deprived the petitioner access to the courts and to state a claim?
20-5494 Ernest Ray Snow v. Indiana Indiana 2020-08-25 Denied Response WaivedIFP 4th-amendment appellate-review criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception search-warrant standard-of-review Does United State v. Leon, 468 U.S. 897 (1984), permit an appellate standard of review that requires an appellant to raise and rebut the applicability…
20-202 Robert Massie v. Basilea Mena Ninth Circuit 2020-08-21 Denied Response RequestedResponse WaivedRelisted (2) civil-rights clearly-established-law detention excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity use-of-force Whether Officer Massie's actions constituted excessive force in violation of the Fourth Amendment
20-5431 Walter Ackerman v. United States Tenth Circuit 2020-08-21 Denied Response WaivedIFP appellate-procedure civil-procedure due-process fourth-amendment good-faith-exception law-of-the-case waiver warrantless-search Did the Tenth Circuit err under the law-of-the-case doctrine when it permitted the government to raise in a second appeal a claim the government waive…
20-5405 Jaroderick Hardy v. United States Eleventh Circuit 2020-08-20 Denied Response WaivedIFP criminal-procedure fourth-amendment high-crime-area investigative-stop law-enforcement probable-cause proximity reasonable-suspicion terry-stop Whether the Eleventh Circuit's reasonable-suspicion determination can be reconciled with Terry-v-Ohio
20-183 Billy D. Stair, III v. Charles Jackson Eighth Circuit 2020-08-19 Denied excessive-force fourth-amendment graham-v-connor law-enforcement plumhoff-v-rickard qualified-immunity reasonableness-standard totality-of-the-circumstances use-of-force Did the Eighth Circuit depart from this Court's decisions in Graham v. Connor and Plumhoff v. Rickard in denying qualified immunity to petitioner base…
20-190 Daniel Sohn, et ux. v. Mariposa County, California, et al. California 2020-08-19 Denied 14th-amendment 42-usc-1983 4th-amendment 5th-amendment civil-rights civil-rights-statute constitutional-violation fourth-amendment government-entity property-rights subdivision-map-act Where a government entity enters and takes real and personal property of its citizens under color of law based on an intentional misinterpretation of …
20-5390 Michael Betts v. United States Sixth Circuit 2020-08-18 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights due-process fourth-amendment police-investigation police-powers reasonable-suspicion search-and-seizure traffic-stop warrantless-search Whether a police officer inquiring about drugs without reasonable suspicion unconstitutionally broadens a traffic investigation
20-5392 Jermaine Tyrone Jones v. United States Sixth Circuit 2020-08-18 Denied Response WaivedIFP completed-misdemeanor criminal-procedure fourth-amendment investigatory-stop misdemeanor reasonable-suspicion vehicle-stop Is reasonable suspicion of a completed misdemeanor sufficient under the Fourth Amendment to justify an investigatory stop of a vehicle when there is n…
20-5400 Gary Allen Kachina v. United States Eighth Circuit 2020-08-18 Denied Relisted (3)IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
20-5381 Lawrence F. Curtin v. Kimberly Cortez Eleventh Circuit 2020-08-17 Denied Response WaivedIFP eighth-amendment fifth-amendment first-amendment florida fourteenth-amendment fourth-amendment judicial-qualification-commission petition redress-of-grievances sixth-amendment state-court-judge First Amendment right to petition Florida's Judicial Qualification Commission, the government, in writing, for a redress of grievances about state cou…
20-157 Edward A. Caniglia v. Robert F. Strom, et al. First Circuit 2020-08-13 Judgment Issued Amici (15)Relisted (2) community-caretaking constitutional-law fourth-amendment home home-search law-enforcement privacy-rights search-and-seizure warrant-requirement Whether the 'community caretaking' exception to the Fourth Amendment's warrant requirement extends to the home
20-5338 Ibrahim McCants v. United States Third Circuit 2020-08-12 Denied Response WaivedIFP anonymous-tip corroboration domestic-violence fourth-amendment police-response probable-cause reasonable-suspicion stop-and-frisk Does an anonymous tip providing minimal physical and location descriptors and alleging ongoing domestic violence that is not corroborated when police …
20-5339 Leandre R. Jennings, III v. Nebraska Nebraska 2020-08-12 Denied Response WaivedIFP 4th-amendment fourth-amendment good-faith good-faith-exception illinois-v-krull judicial-approval judicial-review law-enforcement probable-cause search-warrant united-states-v-leon Whether the reviewing court must use the test set forth in United States v. Leon or the test set forth in Illinois v. Krull to determine if good faith…
20-139 Bryant Kazuyoshi Iwai v. United States Ninth Circuit 2020-08-10 Denied Response RequestedResponse WaivedRelisted (2) anticipatory-search-warrant beeper controlled-delivery exigent-circumstances fourth-amendment home-entry law-enforcement-perjury probable-cause search-and-seizure search-warrant Whether the Ninth Circuit majority opinion has adopted a rule of exigent circumstances contrary to United States v. Grubbs and Kentucky v. King
20-134 Abilio Hernandez, et al. v. Jason Boles, et al. Sixth Circuit 2020-08-07 Denied appellate-review civil-rights constitutional-law due-process fourth-amendment jury-deference jury-instructions standard-of-review traffic-stop warrant-check Should a federal appellate court grant deference to a jury's conclusions of law about constitutional issues in a civil rights lawsuit?
20-5303 Lawrence A. Dibble v. Ohio Ohio 2020-08-07 Denied Response RequestedResponse WaivedRelisted (2)IFP exclusionary-rule fourth-amendment good-faith-exception judicial-review law-enforcement magistrate oral-testimony probable-cause search-warrant Whether a court may consider unrecorded, oral information provided to a magistrate when evaluating the reasonableness of an officer's belief in the ex…
20-5285 Melvin Lee Jones v. United States Fourth Circuit 2020-08-06 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment circuit-court-split criminal-procedure drug-enforcement fourth-amendment locked-containers marijuana-odor probable-cause search-and-seizure search-warrant Scope of search warrant based on marijuana odor
20-5290 Eric J. Perez, aka Ignacio Valdez v. United States Ninth Circuit 2020-08-06 Denied Response WaivedIFP 4th-amendment electronic-communications fourth-amendment government-agency law-enforcement seizures stored-communications-act warrant-requirement warrantless-search warrantless-searches Whether subsection (f) of the Stored Communications Act is unconstitutional
20-5262 Stephen Henderson v. United States Eighth Circuit 2020-08-05 Denied Response WaivedIFP 4th-amendment carpenter-v-united-states cell-site-tracking fourth-amendment habeas-corpus retroactive-application retroactivity search-and-seizure supreme-court-precedent title-28-usc-2253 united-states-v-jones warrantless-search Should this Court's decision in United States v. Jones and Carpenter v. United States be applied retroactively under Title 28 U.S.C. § 2253
20-5273 Andrew Hargett, Jr. v. United States Fourth Circuit 2020-08-05 Denied Response WaivedIFP arrest civil-rights criminal-procedure evidence-suppression exclusionary-rule fourth-amendment probable-cause search-and-seizure Whether the Fourth Amendment exclusionary rule required suppression of evidence
20-5279 William Dale Wooden v. United States Sixth Circuit 2020-08-05 Judgment Issued Amici (6)Response RequestedResponse WaivedRelisted (3)IFP constitutional-rights criminal-procedure due-process fourth-amendment probable-cause search-and-seizure standing warrantless-entry warrantless-search Did the warrantless entry and search of petitioner's home violate his Fourth Amendment right to be free from illegal search and seizure?
20-5257 Jimmy McLain Moore v. United States Sixth Circuit 2020-08-04 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure due-process fair-trial fourth-amendment law-enforcement right-to-confrontation sixth-amendment witness-communication Whether the Sixth Circuit Court of Appeals failed to decide an important Federal Question regarding the right of a Defendant to confront witnesses aga…
20-104 Brian Smith v. Washington Washington 2020-07-31 Denied Response Waived blood-draw breath-test excessive-force force fourth-amendment medical-consent needle-phobia search-and-seizure warrant Fourth-Amendment
20-5215 Jessica Lang v. Nebraska Nebraska 2020-07-30 Denied Response WaivedIFP automobile automobile-exception civil-rights fourth-amendment law-enforcement passenger passenger-rights probable-cause search search-and-seizure Whether police officers violate the Fourth Amendment when they search a passenger's purse, while on her lap, inside an automobile where probable cause…
20-99 Elliott Schuchardt v. Donald J. Trump, President of the United States, et al. Third Circuit 2020-07-30 Denied Response Waived 4th-amendment civil-procedure civil-rights electronic-surveillance fourth-amendment government-overreach government-surveillance national-security privacy privacy-rights standing warrant-requirement Whether Schuchardt has presented sufficient factual evidence of Defendants' bulk collection of e-mail to establish a prima facie case for violation of…
20-83 Jacob Jones, et al. v. Wayne Duke Kalbaugh Tenth Circuit 2020-07-29 Denied Response RequestedRelisted (2) civil-rights clearly-established-law excessive-force fourth-amendment law-enforcement objective-reasonableness police-conduct qualified-immunity tenth-circuit Did the Tenth Circuit improperly focus on the knowledge and intentions of the suspect, rather than the facts knowable to the officers, in reversing th…
20-91 Joseph H. Martin v. Department of Homeland Security Federal Circuit 2020-07-29 Denied Response Waived 4th-amendment civil-procedure civil-rights due-process federal-employee-rights first-amendment fourth-amendment free-speech hotel-privacy labor-management-relations standing union-speech Whether the 4th amendment protects speech in a rented hotel room
20-5187 Thomas Lee Brennan v. Josh Stein, Attorney General of North Carolina Fourth Circuit 2020-07-28 Denied Response WaivedIFP fourth-amendment ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress post-conviction-relief procedural-default reasonable-suspicion traffic-stop Whether the trial court erred in denying the defendant's motion for appropriate relief based on ineffective assistance of counsel for failing to file …
20-5195 Gilbert Carrasco v. United States Ninth Circuit 2020-07-28 Denied Response WaivedIFP 4th-amendment 4th-amendment-violation border-patrol contraband-search fourth-amendment immigration-checkpoint immigration-enforcement probable-cause search-and-seizure suspicion-less-stops unreasonable-search Whether the Border Patrol's use of internal immigration checkpoints to search for contraband, weapons, and undocumented immigrants violates the Fourth…
20-5159 Kristopher Lee Roybal v. Minnesota Minnesota 2020-07-24 Denied Response WaivedIFP brady-v-maryland brady-violation due-process fourth-amendment inventory-search misrepresentation ncic-search procedural-due-process procedural-review vehicle-impoundment Is impoundment of a vehicle unreasonable under the Fourth Amendment?
20-5133 Steven Baxter v. United States Third Circuit 2020-07-22 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP border-search customs customs-border fourth-amendment suspicion-less-search unincorporated-territory united-states-virgin-islands warrant-requirement warrantless-search Does the border-search exception to the Fourth Amendment allow routine, suspicion-less searches at internal/domestic customs borders?
20-5139 Algere Jones v. United States Second Circuit 2020-07-22 Denied Response WaivedIFP 4th-amendment criminal-procedure due-process exclusionary-rule federal-district-court fourth-amendment search-and-seizure standing supervised-release Can a federal district court bar the use of the Exclusionary Rule during the petitioner's violation of supervised release hearing?
20-50 Monica Voss v. Gregory G. Goode Fifth Circuit 2020-07-21 Denied 4th-amendment appellate-review civil-procedure civil-rights clearly-established-right due-process fourth-amendment qualified-immunity section-1983 standing sua-sponte Whether an appellate court may impute third-party actions to a § 1983 claimant as the basis for qualified immunity
20-25 Isidoro Rodriguez v. Virginia State Bar Disciplinary Board Virginia 2020-07-15 Denied Response Waived cell-phone-data digital-privacy fourth-amendment fourth-amendment-jurisprudence privacy search-and-seizure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
20-5062 Paul Byrd v. Florida Florida 2020-07-15 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure fourth-amendment law-enforcement ruse-checkpoint search-and-seizure Whether a 'ruse checkpoint' that focuses on those who attempt to avoid the checkpoint violates the Fourth Amendment to the Constitution
20-5074 Robert Banks, III v. United States Ninth Circuit 2020-07-15 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP civil-rights constitutional-rights fourth-amendment law-enforcement-discretion pretextual-stop racial-profiling search-and-seizure unreasonable-detention unreasonable-seizure whren-v-united-states Should Whren v. United States be overruled to protect against racial profiling and discrimination?
20-18 Arthur Gregory Lange v. California California 2020-07-14 Judgment Issued Amici (19)Relisted (2) 4th-amendment exigent-circumstances fourth-amendment home-search misdemeanor misdemeanor-pursuit probable-cause search-and-seizure warrantless-entry Does pursuit of a person who a police officer has probable cause to believe has committed a misdemeanor categorically qualify as an exigent circumstan…
20-5044 Ilya Liviz v. Supreme Judicial Court of Massachusetts Massachusetts 2020-07-13 Denied Response WaivedIFP attorney-obligations compelled-speech constitutional-procedure first-amendment fourth-amendment free-speech government-compulsion search-and-seizure speech-rights subpoena subpoena-law warrant-requirement Can the Government compel speech without a warrant, nor a subpoena?
19-8925 Robert T. Lundberg v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2020-07-08 Denied Response WaivedIFP aedpa expectation-of-privacy fourth-amendment ineffective-assistance ineffective-assistance-of-counsel katz-expectation-of-privacy katz-v-united-states police-interrogation strickland-standard strickland-v-washington Should the decision in Lundberg v. State be entitled to deference under AEDPA?
19-8926 Roberto Clemente Govea v. United States Sixth Circuit 2020-07-08 Denied Response WaivedIFP circuit-court-split circuit-split fourth-amendment good-faith-exception probable-cause reasonably-trained-officer reasonably-well-trained-officer search-and-seizure search-warrant supreme-court-review Whether the good-faith exception of Leon v. United States applies to the search warrant for the defendant's home
19-1470 Samuel A. Gurrola v. Walgreen Company Fifth Circuit 2020-07-08 Rehearing Relisted (2) 14th-amendment 4th-amendment civil-rights due-process fourteenth-amendment fourth-amendment monopoly monopoly-power obstruction-of-justice property-rights res-judicata Can the world's largest pharmacy chain influence a State to fabricate evidence to achieve its monopoly goals, abridge plaintiffs rights and steal plai…
19-1468 Brian Anthony Wiley v. Tennessee Tennessee 2020-07-07 Denied Response Waived campsite-privacy civil-rights due-process fourth-amendment law-enforcement-conduct privacy private-property probable-cause search-and-seizure vehicle-search warrantless-search Whether the Fourth Amendment permits warrantless entry and search of a rented campsite
19-8913 Wasfi Abbassi v. United States Ninth Circuit 2020-07-07 Denied Response WaivedIFP false-information fourth-amendment fourth-amendment-violation miranda-rights probable-cause search-warrant stale-information terry-stop Whether the Ninth Circuit's upholding of a search warrant based almost exclusively on false, misleading and stale information violated the Fourth Amen…
19-8841 Gregory Moore v. Orange County, California, et al. California 2020-07-02 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights due-process equal-protection fourth-amendment government-liability rooker-feldman rooker-feldman-doctrine Should the United States Supreme Court overturn a state case where serious United States Constitutional human rights have been violated by government …
19-1454 Naray Palaniappan v. United States Second Circuit 2020-07-02 Denied Response Waived computer-search fourth-amendment fourth-amendment-particularity-requirement good-faith-exception jurisdiction jurisdiction-limitation particularity-requirement search-warrant warrant-application warrant-incorporation Where a warrant application requested authorization to search computers 'wherever located' but the warrant itself omitted that language, can governmen…
19-8871 Joshua Adam Schulte v. William P. Barr, Attorney General, et al. Second Circuit 2020-07-01 Denied Response WaivedIFP administrative-law civil-rights constitutional-rights criminal-procedure due-process fourth-amendment habeas-corpus probable-cause search-and-seizure standing Does an administrative court order that unconstitutionally ends a case warrant appellate review?
19-8822 Eddie Montero v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-06-26 Denied Response WaivedIFP civil-rights constitutional-law criminal-procedure due-process fourth-amendment search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
19-1423 George Vortman v. United States Ninth Circuit 2020-06-26 Denied Response Waived exclusionary-rule fourth-amendment good-faith-exception judicial-jurisdiction jurisdiction magistrate-judge search-and-seizure void-ab-initio warrant-validity Does the Leon good faith exception to the exclusionary rule apply when the police search and seize property pursuant to a warrant that is void ab init…
19-1429 David Pena, III v. Texas Texas 2020-06-26 Denied 4th-amendment automobile-exception criminal-procedure criminal-procedure-4th-amendment-search-and-seizur exclusionary-rule fourth-amendment fruit-of-poisonous-tree fruit-of-the-poisonous-tree miranda-rights probable-cause search-and-seizure Whether Texas' Third Court of Appeals erred in finding that the items found in the trunk of petitioner's car did not constitute fruit of the poisonous…
19-1414 United States v. Joshua James Cooley Ninth Circuit 2020-06-24 Judgment Issued Amici (13)Response RequestedResponse WaivedRelisted (4) civil-rights due-process federal-jurisdiction fourth-amendment indian-law indian-tribe-authority law-enforcement-authority non-indian non-indian-rights public-lands public-right-of-way reservation reservation-jurisdiction search-and-seizure state-and-federal-law tribal-law-enforcement Whether the lower courts erred in suppressing evidence
19-8754 Francisco Armando Martinez v. United States Tenth Circuit 2020-06-19 Denied Response WaivedIFP appellate-review circuit-split consensual-encounter district-court fourth-amendment law-enforcement motion-to-suppress reasonable-suspicion standard-of-review suppression Whether an appellate court must uphold the ruling of the district court if there is any reasonable view of the evidence to support it where the distri…
19-8697 Shiron Deshane Davis v. Oklahoma Oklahoma 2020-06-18 Denied IFP appellate-review civil-procedure constitutional-law criminal-procedure evidence exclusionary-rule fourth-amendment judicial-review legal-jurisdiction search-and-seizure standing statutory-interpretation Whether the lower court erred in its application of the Fourth Amendment's exclusionary rule
19-8747 Robert Neil Coronado v. Amanda Stinson, Warden, et al. Tenth Circuit 2020-06-18 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression fourth-amendment judicial-integrity search-and-seizure standing statutory-provisions Was a procedural due process violation committed by the Court of Appeals in failing to grant a rehearing on the probability of admission of evidence o…
19-8749 Paul Anthony Crayton v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-06-18 Denied Relisted (2)IFP administrative-law cell-phone-data civil-rights constitutional-law fourth-amendment fourth-amendment-jurisprudence judicial-review legal-procedure privacy reasonable-expectation-of-privacy search-and-seizure statutory-interpretation Whether the government's warrantless search and seizure of a person's cell phone location data violates the Fourth Amendment's protection against unre…
19-8722 Margaret Morris-Calderon v. The James Randi Educational Foundation California 2020-06-16 Denied Response WaivedIFP civil-rights constitutional-law criminal-procedure due-process fourth-amendment search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
19-1379 Andrew McKinley v. Christopher Lee-Murray Bey Sixth Circuit 2020-06-16 Dismissed Response Waived civil-rights constitutional-rights equal-protection fourth-amendment investigation investigatory-detention law-enforcement pre-contact qualified-immunity race race-discrimination Does the Equal Protection clause require an officer who initiated a pre-contact investigation for non-race related reasons to break off the investigat…
19-1374 Arturo Fernando Shaw Gutierrez v. California California 2020-06-15 Denied Relisted (3) electronic-communications electronic-privacy exceptions-to-warrantless-searches fourth-amendment fourth-amendment-protection-electronic-communicati law-enforcement-search miller-doctrine privacy-rights reasonable-expectation-of-privacy stored-communications-act suppression warrant-requirement warrantless-searches Does the Fourth Amendment protect individuals who send or receive stored electronic communications (emails) as provided under federal law through the …
19-8715 Timothy Robert Treffinger v. United States Eleventh Circuit 2020-06-15 Denied Response WaivedIFP curtilage effective-assistance-of-counsel fourth-amendment knock-and-talk law-enforcement privacy-expectation reasonable-expectation-of-privacy search-and-seizure Do law enforcement officers have an implied license to conduct a 'knock and talk' in the curtilage of a home?
19-8678 Robert Michael Fall v. United States Fourth Circuit 2020-06-12 Denied Response WaivedIFP criminal-procedure due-process exclusionary-rule fourth-amendment multiplicitous-counts reasonable-doubt search-and-seizure standing Did the District Court and Court of Appeals rely on inapplicable exceptions to the exclusionary rule, violating Mr. Fall's Fourth Amendment rights?
19-8676 Fatou Small v. United States Third Circuit 2020-06-11 Denied Response WaivedIFP fourth-amendment informant-tip probable-cause reasonable-suspicion totality-of-the-circumstances traffic-offense vehicle-stop Whether a vehicle stop was performed in violation of Petitioner's Fourth Amendment rights
19-8651 Kevin Remillard v. Ohio Ohio 2020-06-10 Denied IFP fourteenth-amendment fourth-amendment motion-to-suppress personal-papers probable-cause search-warrant warrantless-search welfare-check Does the Fourth and Fourteenth Amendment require a search warrant or probable cause to seize and search personal papers during a welfare check?
19-8654 Richard Senese, Jr. v. United States Eleventh Circuit 2020-06-10 Denied Response WaivedIFP article-iii article-three due-process equal-protection exclusionary-rule fourth-amendment good-faith-exception judicial-precedent panel-rule stare-decisis Question not identified
19-1352 Western Oilfields Supply Company, dba Rain for Rent v. Eugene Scalia, Secretary of Labor, et al. District of Columbia 2020-06-09 Denied administrative-inspection due-process fourth-amendment mine-safety mine-safety-and-health-act msha msha-inspector walkaround-rights warrantless-inspection Whether it violates the Due Process Clause for an MSHA inspector arbitrarily to refuse a mine operator an opportunity to accompany the inspector on hi…
19-8596 Ryan Galal VanDyck v. United States Ninth Circuit 2020-06-04 Denied Response WaivedIFP digital-surveillance fourth-amendment internet-privacy internet-protocol-address online-privacy probable-cause subscriber-information third-party-doctrine Does the Fourth Amendment require a warrant to obtain subscriber information associated with an IP address?
19-8594 Justin Harrington Darrell v. United States Fifth Circuit 2020-06-03 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment civil-rights due-process fourth-amendment high-crime-area illinois-v-wardlow officer-safety reasonable-suspicion seizure terry-stop terry-v-ohio Whether 'officer safety' can justify the Terry stop
19-1327 Kris V. Zocco v. Wisconsin Wisconsin 2020-06-01 Denied Response Waived cell-phone-search cell-phone-searches cell-phones evidence evidence-search fourth-amendment general-warrant general-warrants particularity-requirement personal-computers probable-cause search-and-seizure warrant-requirement Is the Fourth Amendment's ban on general warrants violated by a warrant broadly authorizing search of the 'contents' of a cell phone for unspecified '…
19-1309 Kari Janae Phipps v. Idaho Idaho 2020-05-21 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 4th-amendment detention detention-authority fourth-amendment michigan-v-summers probation probation-search reasonable-suspicion residence-check search-and-seizure search-warrant summers-doctrine Whether the 'limited authority to detain' during the execution of a judicially approved search warrant for contraband, Michigan v. Summers, 452 U.S. 6…
19-8509 Joaquin Gonzales v. California California 2020-05-21 Denied Response WaivedIFP alpr automated-license-plate-reader evidence-standard fourth-amendment license-plate physical-movements reasonable-expectation-of-privacy reasonable-expectation-privacy search-and-seizure warrantless-search Did a detective's warrantless search of an ALPR database for images and locations of Petitioner's license plate violate petitioner's Fourth Amendment …
19-8511 Herbert W. Morrison, Jr. v. Andrew J. Hale Eighth Circuit 2020-05-21 Denied Response WaivedIFP 4th-amendment civil-rights civil-rights-action collateral-estoppel fourth-amendment heck-doctrine Heck-v-Humphrey illegal-search-and-seizure qualified-immunity section-1983 Whether 42 U.S.C. §1983 civil-rights claims based on 4th-amendment illegal-search-and-seizure are barred under Heck-v-Humphrey, collateral-estoppel, o…
19-1301 Clyde S. Bovat v. Vermont Vermont 2020-05-20 Denied Amici (3)Relisted (3) 4th-amendment curtilage exigent-circumstances fourth-amendment law-enforcement probable-cause reasonable-expectation-of-privacy search-and-seizure warrant-requirement Whether a police officer can access 'semiprivate' areas within a home's curtilage to conduct an investigation without a warrant
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
19-8486 Quincy Tremayne Bloodworth v. United States Sixth Circuit 2020-05-18 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights fourth-amendment law-enforcement marijuana-legalization police-encounter probable-cause search-and-seizure standard-of-review unreasonable-seizures Are minott ties and pool people in America provided adequate protection from unreasonable Searches and Seizures?
19-1289 George Andrew Benavides v. William P. Barr, Attorney General, et al. Fifth Circuit 2020-05-14 Denied Response WaivedRelisted (2) 4th-amendment civil-rights due-process military-operations. torture treason civil-rights constitutional-protections due-process espionage-act espionage-act-1917 fourth-amendment military-operations military-privacy surveillance-rights torture treason Whether the United States Navy/USN had legal consent to spy on the petitioner while serving in the United States Marine Corps/USMC during the Gulf War…
19-1286 In Re Nina Shahin 2020-05-13 Denied Response Waived 14th-amendment civil-procedure civil-rights due-process standing takings criminal-procedure fourth-amendment fourth-amendment-application fourth-amendment-interpretation search-and-seizure unreasonable-search Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
19-8437 Joh-ner Taylor Wilson v. Illinois Illinois 2020-05-12 Denied Response WaivedIFP civil-rights due-process fabricated-evidence false-arrest fourth-amendment perjured-testimony probable-cause warrantless-arrest wrongful-conviction Whether Wilson's warrantless arrest and detention without probable cause violates the Fourth Amendment
19-8418 Rupert Stamps v. Detective Paris Capalupo, et al. Fourth Circuit 2020-05-08 Denied IFP affidavit exclusionary-rule fourth-amendment probable-cause search-warrant standing Did the Lower Court err or abuse its discretion when ruling that Officer Rollins did not violate Appellant's rights under the Fourth Amendment to be f…
19-8423 Christopher Gies v. Ohio Ohio 2020-05-08 Denied Response WaivedIFP fourth-amendment good-faith good-faith-doctrine probable-cause probation-search reasonable-suspicion statutory-compliance warrantless-search warrants-clause Does a warrantless probation search conducted outside the scope of an authorizing state regulation and not authorized by a condition of probation, and…
19-8401 Roderick Delon Lewis v. United States Fourth Circuit 2020-05-05 Denied Response WaivedIFP collins-v-virginia curtilage fourth-amendment probable-cause reasonable-suspicion terry-stop terry-v-ohio warrant Whether an officer's intrusion into the curtilage of a residence implicated Fourth-Amendment-protections, requiring probable-cause rather than reasona…
19-1266 H. B., a Minor, Individually and as Successor in Interest to Michelle Lee Shirley, By and Through His Guardian ad Litem, Ronnie Shirley v. City of Torrance, California, et al. Ninth Circuit 2020-05-05 Denied Response Waived 4th-amendment civil-rights excessive-force fourth-amendment objective-reasonableness police-conduct qualified-immunity scott-v-harris summary-judgment use-of-force In a 42 USC § 1983 action where videos capturing the claimed use of excessive force are open to multiple interpretations as to whether the use of leth…
19-8393 Joshua Tucker v. United States Sixth Circuit 2020-05-04 Denied Response WaivedIFP 4th-amendment 5th-amendment civil-rights criminal-procedure due-process fourth-amendment law-enforcement probable-cause probation probation-rights search-and-seizure warrantless-searches Whether a probationer has a right to be free from warrantless searches and seizures conducted by law enforcement officials without reason or purpose p…
19-8370 Cynthia Fisher v. Walgreen Co. Fourth Circuit 2020-04-28 Denied IFP civil-rights constitutional-law criminal-procedure fourth-amendment search-and-seizure standing Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
19-8347 Joseph A. Daniels v. Virginia Virginia 2020-04-23 Denied IFP due-process exigent-circumstances extrinsic-fraud Fourth-Amendment jurisdiction motion-to-vacate probable-cause property-rights standing void-judgment warrantless-search Did the Supreme Court of Virginia have jurisdiction to adjudicate the claims of Daniels' Motion to Vacate, based upon extrinsic fraud, and could it be…
19-1243 Arthur O. Armstrong v. Wilson County, North Carolina, et al. Fourth Circuit 2020-04-22 Denied access-to-courts civil-rights constitutional-rights court-access due-process equal-protection federal-procedure fourteenth-amendment fourth-amendment frivolous-complaint official-discrimination standing Whether trial court deprived petitioner of constitutional rights
19-8318 William Whiteley v. John Willis, et al. Eleventh Circuit 2020-04-21 Denied Response WaivedIFP automobile-exception certificate-of-appealability criminal-procedure evidence-law exculpatory-evidence eyewitness fourth-amendment ineffective-assistance ineffective-assistance-of-counsel search-and-seizure warrantless-search Whether petitioner is entitled to a certificate of appealability on his claim that the warrantless search of his automobile's glove compartment violat…
19-8309 Cynthia Fisher v. Frontline National Fourth Circuit 2020-04-20 Denied IFP civil-rights constitutional-law criminal-procedure fourth-amendment search-and-seizure standing Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
19-8298 David M. Kissi v. United States District Court for the District of Maryland Fourth Circuit 2020-04-18 Denied IFP civil-rights criminal-procedure due-process fbi fbi-warrant fourth-amendment hearsay hearsay-evidence miranda-rights search-and-seizure Whether the trial court overlooked evidence that the FBI had Petitioner arrested and searched his home with writs that were inadmissible because they …
19-8281 Luqman Abdullah v. New Jersey New Jersey 2020-04-17 Denied IFP 4th-amendment delayed-notification federalism fourth-amendment new-jersey patriot-act separation-of-powers sneak-and-peek surveillance-procedure tenth-amendment Whether the enhanced surveillance procedure under Section 213 of the U.S. Patriot Act is presumptively unconstitutional
19-8273 Deonday Evans v. United States Sixth Circuit 2020-04-16 Denied Response WaivedIFP 18-usc-922 18-usc-924 commerce-clause commerce-nexus criminal-procedure exclusionary-rule federalism federalism-principles fourth-amendment search-warrant sentencing-guidelines standing Whether federalism principles require reinterpretation of 18 U.S.C. § 922(g) and 18 U.S.C. § 924 to require a more meaningful commerce nexus
19-8278 In Re Levar Lee Anthony Spence 2020-04-16 Denied IFP brady-violation due-process exculpatory-evidence fifth-amendment fourteenth-amendment fourth-amendment sixth-amendment spoliation spoliation-of-evidence writ-of-mandamus Whether the United States Court of Appeals for the Third Circuit properly refused review and hearing of Fourth, Fifth, Sixth and Fourteenth Amendment,…
19-1221 Derrick Lucius Williams, Jr. v. United States Tenth Circuit 2020-04-16 Denied border-search circuit-split customs digital-device forensic-search fourth-amendment reasonable-suspicion warrant-exception Whether government agents need reasonable suspicion to conduct a warrantless forensic search of a digital device at the border
19-8246 Gregory Thomas v. Tom Corbett, et al. Pennsylvania 2020-04-13 Denied Relisted (2)IFP cellmate-discrimination civil-rights conjugal-visit due-process fourth-amendment institutionalized-persons-act prison-policy privacy property-rights religious-exercise religious-land-use search-and-seizure Whether the government's warrantless search of a person's home and seizure of their personal property violates the Fourth Amendment's protection again…
19-8249 Rodney Jackson v. United States Sixth Circuit 2020-04-13 Denied Response WaivedIFP bell-v-wolfish constitutional-rights detention fourth-amendment handcuffed-individual minor-offense public-search search-and-seizure strip-search unreasonable-search Whether a public strip search of a handcuffed, detained individual suspected of a minor offense violates one's Fourth Amendment right to be free from …
19-8250 Michael Thomas Gaussiran v. United States Ninth Circuit 2020-04-13 Denied Response WaivedIFP constitutional-rights fourth-amendment probable-cause reasonable-suspicion search-and-seizure traffic-stop unreasonable-searches unreasonable-searches-and-seizures vehicle-search Whether the Fourth Amendment's Right To Be Free From Unreasonable Searches And Seizures Requires Reversal When There Is No Evidence To Support Reasona…
19-8227 Joshua Dwayne Carrier v. Colorado Colorado 2020-04-09 Rehearing Response WaivedRelisted (2)IFP 4-year-old-transaction 4th-amendment 4th-amendment-violation constitutional-rights double-jeopardy expert-testimony fourth-amendment probable-cause search-warrant stale-information Was the search warrant for Mr. Carrier's home and computers relying on a single transaction from four years earlier based upon stale information and l…
19-8230 Alexander Kates v. New York New York 2020-04-09 Denied IFP access-to-courts due-process fourth-amendment illegal-seizure ineffective-assistance-of-counsel plea-agreement property-return prosecutorial-misconduct retroactivity Whether a plea agreement to return illegally seized property in exchange for a guilty plea, induced by the prosecutor, is breached when the prosecutio…
19-8226 Randy Phipps v. Rick Raemisch, Executive Director, Colorado Department of Corrections, et al. Tenth Circuit 2020-04-08 Denied IFP constitutional-claims due-process fair-presentation fifth-amendment fourteenth-amendment fourth-amendment habeas-corpus ineffective-assistance-of-counsel pro-se-petition Whether federal constitutional claims were fairly presented under federal law
19-1200 Johndrell Elliott v. Ohio Ohio 2020-04-08 Denied 4th-amendment dog-handler dog-sniff drug-offense drug-sniffing-dog fourth-amendment probable-cause rodriguez-standard rodriguez-v-us search-and-seizure traffic-stop warrantless-search Was the drug offense arrest based on the facts of the traffic stop and use of the drug-sniffing dog valid under Rodriguez v. U.S.?
19-8201 James R. Householder v. Pennsylvania Pennsylvania 2020-04-07 Denied IFP civil-rights criminal-procedure exigent-circumstances fourth-amendment probable-cause search-and-seizure Whether the petitioner's Fourth Amendment rights were violated when the police conducted a warrantless search of their home without exigent circumstan…
19-8204 Arnold Eugene Fox, Jr. v. United States Sixth Circuit 2020-04-07 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence-tampering fourth-amendment free-speech ineffective-counsel prosecutorial-misconduct search-warrant standing statutory-interpretation Does federal statute 18 U.S.C. § 2422(b) have an unconstitutionally vague residual clause?
19-8194 Jonathan Crupi v. New York New York 2020-04-06 Denied Response WaivedIFP 4th-amendment civil-rights data-collection digital-privacy electronic-devices exploratory-searches fourth-amendment particularity particularity-doctrine search-and-seizure Should the Carpenter decision on CSLI extend to digital devices?
19-8178 Alexander Nathan Norris v. United States Ninth Circuit 2020-04-03 Denied Response WaivedIFP electronic-privacy fourth-amendment home-privacy kyllo-v-united-states law-enforcement-surveillance reasonable-expectation-of-privacy search sense-enhancing-technology technology warrantless-search Whether a law enforcement officer's warrantless use of Moocherhunter software and a directional antenna to locate a computer in petitioner's apartment…
19-8131 Dwayne B. Sheron v. United States Sixth Circuit 2020-03-30 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement police-powers probable-cause reasonable-suspicion search-and-seizure vehicle-search warrantless-search Whether a police officer can utter the 'magic words' 'I smelled an odor of marihuana' to justify a warrantless search based on a 'hunch'
19-8147 Romulo Murillo-Morales v. United States Second Circuit 2020-03-30 Denied Response WaivedIFP constitutional-rights criminal-procedure fourteenth-amendment fourth-amendment probable-cause search-and-seizure warrant-requirement Whether the petitioner's conviction is valid given the warrantless search and seizure in violation of the Fourth and Fourteenth Amendments?
19-8120 Jarvis Rodrick Thomas v. United States Eleventh Circuit 2020-03-27 Denied Response WaivedIFP due-process equal-protection false-statements fifth-amendment fourteenth-amendment fourth-amendment liberty-interest Was it unreasonable to be seized in violation of the Fourth Amendment and re-arrested for the same offense to deprive the Petitioner of his Fourteenth…
19-8104 Juan Gonzalez-Arias v. United States First Circuit 2020-03-26 Denied Response WaivedIFP circuit-split constitutional-rights criminal-procedure drug-trafficking fourth-amendment home-search nexus probable-cause right-to-counsel search-warrant sixth-amendment Was there sufficient evidence of probable cause to establish a nexus between Mr. Gonzalez-Arias's drug trafficking activity and his home to justify se…
19-8087 Sharla Jenkins v. Helen Forbes Fields, as Administrator of the Estate of Elase Jenkins Ohio 2020-03-24 Denied Response WaivedIFP due-process fourth-amendment fourth-amendment-rights privacy seizure warrantless-search Whether the government's warrantless seizure and indefinite retention of a person's private information violates the Fourth Amendment's prohibition on…
19-8069 Eric S. Newton, Jr. v. Ohio Ohio 2020-03-23 Denied IFP 4th-amendment cell-phone-search civil-rights constitutional-rights fourth-amendment jurisdiction law-enforcement-misconduct police-misconduct probable-cause search-and-seizure search-warrant Was the Ohio Supreme Court in error when it refused to accept jurisdiction over a matter that, like the instant petition, involves a substantial Const…
19-8077 Arnold Anderson v. Gilberto Valenzuela, et al. Ninth Circuit 2020-03-23 Denied IFP criminal-procedure digital-privacy forensic-evidence fourth-amendment property-rights search-and-seizure Whether the Fourth Amendment prohibits the warrantless seizure of a person's property for the purpose of conducting a forensic search of the property'…
19-1161 Justin Hawkins v. Ohio Ohio 2020-03-23 Denied Response Waived 4th-amendment civil-rights due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion stolen-vehicle traffic-stop vehicle-registration vehicle-search Whether a report that a car's color is different from the color listed on the car's registration—without any additional facts—gives a police officer r…
19-1142 Kendall R. Carter v. United States Sixth Circuit 2020-03-18 Denied Response Waived 4th-amendment administrative-subpoena carpenter-v-united-states civil-rights due-process fourth-amendment internet-privacy internet-subscriber-information ip-address privacy privacy-interest subpoena third-party-doctrine warrant-requirement Whether the Fourth Amendment warrant requirement protects a right to privacy in an internet protocol (IP) address and internet subscriber information
19-8014 Michael Artis v. United States First Circuit 2020-03-17 Denied Response WaivedIFP arrest criminal-activity criminal-conspiracy evidence-suppression fourth-amendment law-enforcement probable-cause search-and-seizure Whether the Fourth Amendment requires suppression of evidence where agents lacked probable cause to arrest two persons absent probable cause of crimin…
19-7983 Eric S. Newton, Jr. v. Ohio Ohio 2020-03-13 Denied IFP 4th-amendment affidavit cell-phone-search civil-rights constitutional-rights fourth-amendment fourth-amendment-rights law-enforcement-misconduct misidentification police-misconduct probable-cause reckless-disregard search-and-seizure search-warrant standing Was the Ohio Supreme Court in error when it refused to accept jurisdiction over a matter involving a violation of the petitioner's Fourth Amendment ri…
19-7968 Akube Wuromoni Ndoromo v. William P. Barr, Attorney General, et al. District of Columbia 2020-03-12 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process equal-protection fifth-amendment fourteenth-amendment fourth-amendment jury-trial seventh-amendment standing takings Does the Fourth Amendment protect the right of the people to be secure therein?
19-7906 Angello A. D. Osborne v. Peter Georgiades Fourth Circuit 2020-03-11 Denied IFP civil-rights constitutional-violation criminal-procedure due-process fabricated-evidence fourth-amendment malicious-prosecution police-misconduct stet unlawful-seizure Whether a 'STET' entry in a criminal prosecution precludes a defendant from recovering in a civil rights lawsuit against a police officer for fabricat…
19-7950 Daejerron L. Valentine v. Nebraska Nebraska 2020-03-10 Denied Response WaivedIFP 4th-amendment ambiguity automobile-exception conjunctive consistency criminal-procedure Did the removal of 'or' create ambiguity? disjunctive fourth-amendment Is a defendant entitled to consistent jury instruc jury-instructions jury-trial legislative-history possession probable-cause reasonableness reasonableness-standard scope-of-search search search-and-seizure search-scope statutory-interpretation warrant-requirement warrantless-search Did the warrantless search of an automobile exceed the scope of the automobile exception?
19-1112 Stephanie Jones v. Jeremy Eder, et al. Fifth Circuit 2020-03-10 Denied Response Waived civil-rights fourth-amendment interstate-commerce-clause preemption prescription-drugs prescription-medication probable-cause search-and-seizure supremacy-clause warrantless-seizure Does the Fourth Amendment, the Supremacy Clause, or the Interstate Commerce Clause prohibit state actors from warrantlessly seizing the People and the…
19-1099 City of Bakersfield, California, et al. v. Leslie Laray Crawford Ninth Circuit 2020-03-09 Denied Response RequestedRelisted (2) 4th-amendment civil-rights due-process excessive-force fourth-amendment mental-illness negligence objective-reasonableness police-procedure prior-knowledge reasonable-officer use-of-force Did the Ninth Circuit err when it held that evidence of prior incidents which indicate that an individual may be mentally ill could be introduced for …
19-1102 Dontae Small v. United States Fourth Circuit 2020-03-09 Denied Amici (1)Response Waived abandonment-exception carjacking-statute cell-phone cell-phone-privacy cell-phones digital-contents digital-privacy digital-search fourth-amendment fourth-amendment-warrant-requirement mens-rea riley-v-california search-incident-to-arrest Whether the Fourth Amendment permits warrantless searches of the digital contents of an abandoned cell phone
19-7881 Tavares L. Farrington v. United States Sixth Circuit 2020-03-05 Denied Response WaivedIFP 4th-amendment criminal-behavior criminal-procedure first-hand-witness fourth-amendment fourth-amendment-search-and-seizure law-enforcement reasonable-suspicion search-and-seizure second-hand-information terry-stop Under the Fourth Amendment, a Terry stop and frisk must be supported by reasonable suspicion that a crime has been or will soon be committed. Here, po…
19-7828 Ronald Hayward v. Keith J. Foley, Warden Sixth Circuit 2020-03-02 Denied IFP 4th-amendment box-truck civil-rights constitutional-rights due-process fourth-amendment law-enforcement probable-cause racial-profiling search-and-seizure standing vehicle-search Do police officers have probable cause to search a vehicle or box truck without a warrant?
19-1067 Neal N. Browder, et al. v. S. R. Nehad, et al. Ninth Circuit 2020-02-28 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-rights deadly-force due-process emergency-response fourth-amendment law-enforcement police-conduct police-shooting qualified-immunity use-of-force Did the Ninth Circuit err in denying qualified immunity to a police officer who responded to a midnight emergency call about a suspect threatening oth…
19-1059 Angela Hamm, et vir v. Tennessee Tennessee 2020-02-26 Denied Amici (1) 4th-amendment fourth-amendment home-invasion home-search law-enforcement-search privacy privacy-rights probation probation-condition reasonable-suspicion search-and-seizure warrantless-search Whether police violate the Fourth Amendment when they conduct a suspicionless search of a probationer's home
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…
19-1057 Lori Rodriguez, et al. v. City of San Jose, California, et al. Ninth Circuit 2020-02-25 Denied Amici (2)Response RequestedRelisted (3) civil-rights community-caretaking constitutional-rights fourth-amendment fourth-amendment-search-and-seizure immediate-threat issue-preclusion ripeness search-and-seizure second-amendment timely-warrant warrant-requirement Whether the Fourth Amendment allows an exception to its warrant requirement for so-called 'community caretaking' where the alleged danger to the commu…
19-7758 Lin Ouyang v. Achem Industry America, Inc. California 2020-02-24 Denied Response WaivedIFP 14th-amendment appeal civil-procedure civil-rights court-appointed-counsel criminal-appeal criminal-procedure due-process equal-protection equal-protection-clause fourth-amendment indigent-defendant indigent-rights misdemeanor-conviction right-to-counsel Whether the state court's dismissal of the appeal from misdemeanor conviction, despite the lack of assistance of counsel on appeal, violates the Equal…
19-7716 Timmy Wallace v. United States Second Circuit 2020-02-20 Denied Response WaivedRelisted (2)IFP 4th-amendment database-search fourth-amendment police-database reasonable-suspicion rodriguez-precedent rodriguez-v-united-states search-and-seizure traffic-stop vehicle-identification Does Rodriguez v. United States, 135 S. Ct. 1609 (2015) permit a traffic stop to be extended based on a suspicion that had already been dispelled by p…
19-7682 Eric Beverly v. United States Fifth Circuit 2020-02-18 Denied Response WaivedIFP cell-site-location-information criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception probable-cause search-and-seizure warrant warrant-application Whether Petitioner's rights under the Fourth Amendment were violated when the government used misleading information to seek a warrant for evidence it…
19-1027 David Caswell v. United States Eleventh Circuit 2020-02-18 Denied Response Waived child-pornography computer-search federal-investigation fourth-amendment good-faith good-faith-exception jurisdiction magistrate-jurisdiction network-investigative-technique search-warrant Did the FBI act in good-faith when it indicated to a magistrate judge that property to be searched pursuant to a search warrant application was locate…
19-1021 Micah Jessop, et al. v. City of Fresno, California, et al. Ninth Circuit 2020-02-18 Denied Amici (12)Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-rights fourth-amendment law-enforcement police-misconduct property-rights property-seizure qualified-immunity search-and-seizure search-warrant seizure Whether it is clearly established that the Fourth Amendment prohibits police officers from stealing property listed in a search warrant
19-7667 Robert Tremaine Williams v. United States Fifth Circuit 2020-02-13 Denied Response WaivedIFP 4th-amendment coercion detainment due-process fourth-amendment k-9-search law-enforcement search-and-seizure seizure traffic-stop video-evidence Whether the promise to be free to leave after clearance of driver's license, vehicle papers, and warrants with issuance of a warning traffic citation …
19-7628 Glen Gary Guyn v. Jason Kent, Warden Fifth Circuit 2020-02-12 Denied Response WaivedIFP 4th-amendment cause-and-prejudice comity due-process finality fourth-amendment fundamental-injustice incarceration search-and-seizure unreasonable-search unreasonable-search-and-seizure Whether Mr. Guyn's Fourth Amendment right against unreasonable searches and seizures was violated
19-7656 Michael Huntoon v. United States Ninth Circuit 2020-02-12 Denied Response WaivedIFP 4th-amendment affidavit computer-privacy computer-search fourth-amendment franks-hearing magistrate probable-cause reasonable-expectation-of-privacy search-and-seizure search-warrant Whether the lower court can interpret the meaning of words to determine probable cause existed in a search warrant without the false information
19-7657 Marion L. Sherrod v. Sidney D. Harkelroad, et al. Fourth Circuit 2020-02-12 Denied Response WaivedIFP 8th-amendment civil-procedure civil-rights due-process exclusionary-rule fourth-amendment probable-cause qualified-immunity seizure seizure-disorder standing warrantless-search Whether the U.S. Court of Appeals committed a reversible error in dismissing Mr. Sherrod's pro se claims
19-7631 Regina Wolgamott v. United States Ninth Circuit 2020-02-11 Denied Response WaivedIFP 4th-amendment circuit-split civil-rights due-process fourth-amendment garrison-v-hudson law-enforcement privacy privacy-rights probable-cause residential-search search-and-seizure search-warrant standing If when executing a search warrant of a single-family residence, officers discover multiple occupants with their own private rooms, are officers requi…
19-7601 Craig K. Garrett v. Joseph Madder, et al. Ninth Circuit 2020-02-10 Denied IFP civil-rights constitutional-rights criminal-procedure digital-privacy due-process effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel law-enforcement probable-cause prosecutorial-misconduct public-defender right-to-counsel search-and-seizure state-attorney Can the state of Colorado remove a defendant's right to effective assistance of counsel (trial and appellate) and use of a public defender due to pros…
19-996 Lindsay Waters v. Georgia Georgia 2020-02-10 Denied Amici (1)Response Waived civil-rights coercion due-process dui dui-testing fourth-amendment implied-consent search-and-seizure warrantless-search Whether the Fourth Amendment permits police to coerce submission to a warrantless blood test
19-7592 John D. McAllister v. Timothy Malfitano, et al. Fourth Circuit 2020-02-07 Denied Relisted (2)IFP 4th-amendment civil-rights due-process fourth-amendment judicial-integrity jurisdiction jurisdictional-overreach law-enforcement-misconduct probable-cause search-and-seizure warrant-falsification Whether the Fourth Amendment was violated by the illegal arrest and search of the petitioner without probable cause
19-7605 Vincent Kane v. Pennsylvania Pennsylvania 2020-02-07 Denied Relisted (2)IFP 4th-amendment abandonment abandonment-doctrine cell-phone-privacy cell-phones fourth-amendment intent-to-reclaim password-protected property-rights public-place reasonable-expectation search-and-seizure Whether the doctrine of abandonment applies to password protected cell phones found in a public place?
19-7610 Luciano Camberos-Villapuda v. United States Eighth Circuit 2020-02-07 Denied Response WaivedIFP automobile-exception collins-v-virginia curtilage Due-Process exigent-circumstances Expectation-of-Privacy fourth-amendment payton-v-new-york probable-cause Warrantless-Entry warrantless-search Whether exigent circumstances justified warrantless entry onto the curtilage and search of a vehicle under the automobile exception
19-991 Samson Primm v. United States Sixth Circuit 2020-02-07 Denied Response Waived 4th-amendment civil-rights criminal-procedure due-process fifth-amendment forfeiture forfeiture-case fourth-amendment search-and-seizure standing suppression-hearing Whether one who has the requisite standing to move to suppress based on contentions, which if validated show his Fourth Amendment rights were violated…
19-7578 Ray Edward Barry v. Patrick Warren, Warden Sixth Circuit 2020-02-06 Denied Response WaivedIFP abuse-of-discretion binding-over brady-violation circuit-court criminal-procedure dna-testing due-process evidence-suppression fourth-amendment ineffective-assistance-of-counsel ineffective-counsel lost-evidence prosecutorial-misconduct quash-information Did The District Court Abused Its Discretion In Binding Over To Circuit Court And The Circuit Court Erred In Refusing To Quash The Information?
19-7581 James Ryan Taylor and Steven Vincent Smith v. United States Eleventh Circuit 2020-02-06 Denied Response WaivedIFP exclusionary-rule fourth-amendment geographic-scope good-faith-exception misrepresentation search-warrant Does the good-faith exception to the exclusionary rule apply to evidence seized under an invalid warrant if agents knowingly misrepresented the fact t…
19-7533 Allan Leslie Sinanan, Jr. v. Pennsylvania Pennsylvania 2020-02-04 Denied Response WaivedIFP civil-rights constitutional-rights due-process federal-law fourth-amendment law-enforcement search-and-seizure state-court state-court-decision unreasonable-application Whether Law Enforcement Authorities engaged in tactics and procedures designed to circumvent Petitioner's Constitutional protected rights guaranteed b…
19-7519 Ericka Hernandez-Nunez v. United States Ninth Circuit 2020-01-31 Denied Response WaivedIFP crime-detection criminal-procedure exculpatory-evidence fourth-amendment holistic-analysis inculpatory-evidence law-enforcement motion-to-suppress reasonable-inference reasonable-suspicion search-and-seizure Whether the Fourth Amendment requirement of reasonableness requires that a determination of reasonable suspicion be based upon an explicit identificat…
19-7522 Dedrick Matthews v. Louisiana Louisiana 2020-01-31 Denied Response WaivedIFP and whether the admission of blood test results w birchfield-precedent birchfield-v-north-dakota causation causation-analysis criminal-procedure fourth-amendment probable-cause search-and-seizure vehicular-homicide vehicular-negligence Was defendant's conduct a substantial factor in causing the victim's death or serious bodily injury, when the accident would have occurred without it?
19-7490 Omar Ernesto Hernandez v. United States Ninth Circuit 2020-01-30 Denied Response WaivedIFP 4th-amendment appeal conclusory-statements criminal-procedure fourth-amendment human-smuggling investigatory-stop law-enforcement law-enforcement-database reasonable-suspicion Whether the district court and Ninth Circuit erred in relying on factually unsupported statements in determining reasonable suspicion for an investiga…
19-7507 Tommy Gurule v. United States Tenth Circuit 2020-01-30 Denied Response WaivedIFP 4th-amendment consent consent-search detention fourth-amendment passenger-rights passengers search-and-seizure traffic-stop vehicle-search If the driver of a car consents to its search, may officers frisk non-consenting passengers and detain them for the duration of the search?
19-7477 Raul Mejia v. United States Ninth Circuit 2020-01-29 Denied Response WaivedIFP 4th-amendment criminal-procedure due-process expert-testimony fair-trial fourth-amendment franks-hearing search-and-seizure trial-fairness warrant warrant-validity Was petitioner's truck illegally searched due to an invalid warrant? Was petitioner improperly denied a Franks hearing? Did Officer Carbajal testify a…
19-7489 Paul Edward Duran v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2020-01-29 Denied Response WaivedRelisted (2)IFP appellate-jurisdiction constitutional-provisions criminal-conviction criminal-procedure empirical-evidence evidence evidence-standard exclusionary-rule fourth-amendment illinois-v-krull judicial-review search-and-seizure standing statutory-provisions united-states-v-leon Whether the Circumstances regarding the Fourth Amendment Exclusionary Rule § 2010F not evolved around the obtaining, holding and exclusion of evidence…
19-948 Gene Rechtzigel v. Minnesota Minnesota 2020-01-29 Denied civil-rights due-process eighth-amendment fifth-amendment first-amendment fourth-amendment government-action petition-clause sixth-amendment standing Did the Government deprive Petitioner the First Amendment Right to petition the Government for a redress of grievances?
19-7448 Dennis Rydbom v. Donnie Ames, Superintendent, Mount Olive Correctional Complex West Virginia 2020-01-28 Denied IFP Compulsory-Process Confrontation-Clause due-process Equal-Protection fourteenth-amendment-due-process fourteenth-amendment-equal-protection fourth-amendment fourth-amendment-probable-cause fourth-amendment-warrant-requirement sixth-amendment-compulsory-process sixth-amendment-confrontation state-sovereignty Questions Presented
19-7419 Timothy Shayne Hardin, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-01-27 Denied IFP appeals arrest charge civil-rights community-supervision constitutional-rights criminal-procedure criminal-procedure-due-process dismissal due-process evidence-suppression fourth-amendment probable-cause probation revocation search-and-seizure sentencing Whether the trial court abused its authority by revoking a community supervision because of a new honest mistake charge which was ultimately dismissed…
19-7432 Edwin David Calligan v. Indiana Indiana 2020-01-27 Denied Response WaivedIFP 4th-amendment civil-rights fourth-amendment michigan-v-long officer-safety protective-sweep reasonable-suspicion search-and-seizure traffic-stop vehicle-search Whether officers can reasonably fear a suspect will retrieve a weapon after being told he is free to go
19-7438 Javion Scott v. United States Fourth Circuit 2020-01-27 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment griffin-v-wisconsin law-enforcement-action parole post-release-supervision probation probation-supervision search-and-seizure special-needs-search united-states-v-knights warrantless-search Whether a warrantless search of a North Carolina post-release supervisee is a special-needs probationary search or a law-enforcement search
19-7439 Saddam Samaan Daoud Samaan v. United States Eighth Circuit 2020-01-27 Denied Response WaivedIFP carpenter-v-united-states expectation-of-privacy fourth-amendment hotel-guest-registration law-enforcement reasonable-search search-and-seizure third-party-doctrine warrantless-search Did Petitioner have a sufficient expectation of privacy in hotel guest registration information that a warrantless demand to the innkeeper for product…
19-7408 Daniel Jay Bowman v. United States Sixth Circuit 2020-01-24 Denied Response WaivedIFP 4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process fifth-amendment fourth-amendment government-prosecution parallel-construction standing Whether the Government's use of 'Parallel Construction' violates 4th-and-5th-amendment-rights
19-928 Kenneth Fernandez Johnson, Jr. v. Sadie Darnell, Sheriff, Alachua County, Florida, et al. Eleventh Circuit 2020-01-24 Denied Response Waived 42-usc-1983 civil-rights-statute due-process false-arrest false-imprisonment favorable-termination fourteenth-amendment fourth-amendment malicious-prosecution probable-cause Whether the Fourth Amendment and Fourteenth Amendment rights were violated due to false arrest, false imprisonment, and malicious prosecution under 42…
19-7371 Larry Bentley, Jr. v. United States Seventh Circuit 2020-01-23 Denied Response WaivedIFP conflict-of-interest constitutional-law criminal-procedure due-process fourth-amendment narcotics-detection prejudice retroactive-application retroactivity search search-and-seizure Question not identified
19-7392 Demetrius Darrell Davis, aka Meatman v. United States Fourth Circuit 2020-01-23 Denied Response WaivedIFP 4th-amendment 4th-amendment-search-and-seizure abandonment abandonment-doctrine criminal-procedure disclaimer-of-ownership fourth-amendment incriminating-statement incriminating-statements police-questioning property-rights reasonable-expectation-of-privacy search-and-seizure Whether a mere disclaimer of ownership in an effort to avoid making an incriminating statement constitutes abandonment
19-7370 Mario Alberto Buenrostro-Lopez v. United States Ninth Circuit 2020-01-22 Denied Response WaivedIFP 4th-amendment anonymous-tip border-patrol border-security civil-rights criminal-activity criminal-procedure due-process fourth-amendment investigatory-stop reasonable-suspicion vehicle-stop Whether an individual's telephone call to law enforcement is sufficient to establish reasonable suspicion for an investigatory stop
19-7373 Sanjay Tyagi v. Marc D. Smith, et al. Seventh Circuit 2020-01-22 Denied Response WaivedIFP child-abuse-registry child-seizure due-process fourteenth-amendment fourth-amendment interrogation medical-self-defense parental-rights privacy search-and-seizure Does seizure, physical examination, privacy and interrogation of minor children at public school without parental consent, exigency, or court order vi…
19-899 Shaniz West v. Doug Winfield, et al. Ninth Circuit 2020-01-21 Denied Amici (3)Relisted (6) 4th-amendment civil-rights consent due-process excessive-force fourth-amendment law-enforcement property-damage property-rights qualified-immunity Whether an officer who has consent to 'get inside' a house but instead destroys it from the outside is entitled to qualified immunity in the absence o…
19-7342 Ray Turner v. Veronica Cadney, et al. Sixth Circuit 2020-01-17 Denied IFP 1983-complaint 4th-amendment civil-rights civil-rights-act-1983 dismissal due-process equal-protection fourth-amendment section-1983 standing temporary-restraining-order Did the U.S. District Court error by not applying the Fourth Amendment equal protection to the petitioner's case when he applied for a temporary restr…
19-885 Jamie Swartz, et ux. v. Heartland Equine Rescue, et al. Seventh Circuit 2020-01-16 Denied Response Waived civil-rights due-process fourteenth-amendment fourth-amendment livestock livestock-seizure post-seizure-hearing pre-seizure-hearing rooker-feldman-doctrine section-1983 seizure subject-matter-jurisdiction Did the 7th Circuit err by finding the Rooker-Feldman doctrine applied?
19-7311 Alphonso Vernell Frazier, II v. City of Omaha Police Department, et al. Eighth Circuit 2020-01-15 Denied IFP 4th-amendment civil-rights color-of-law due-process equal-protection fourth-amendment search-and-seizure section-1983 unreasonable-search unreasonable-search-and-seizure Whether the authorities of the Municipal Government of the City of Omaha failed to properly train their officials and employees
19-7282 John Anthony Arnold v. Virginia Virginia 2020-01-14 Denied IFP 4th-amendment appellate-review civil-rights criminal-procedure death-penalty due-process evidence-suppression fourth-amendment law-enforcement motion-to-suppress ninth-circuit search-warrant standing warrantless-arrest Did the Virginia Supreme Court err in upholding petitioner's warrantless arrest?
19-7241 William Gene Cox, Jr. v. Louisiana Louisiana 2020-01-10 Denied Response WaivedIFP armed-assault civil-rights confidential-informant confidential-informants constitutional-rights due-process fourth-amendment law-enforcement pretext search-and-seizure unreasonable-search Should law enforcement be allowed to utilize armed assaults by confidential informants as pretext for circumventing the Fourth Amendment guarantee aga…
19-860 Nikolai Bosyk v. United States Fourth Circuit 2020-01-09 Denied Response Waived child-pornography circuit-split criminal-procedure fourth-amendment ip-address probable-cause search-and-seizure search-warrant Whether the single click of a URL link to child pornography by someone using an individual's IP address can provide probable cause to support a search…
19-7209 Jurother Lee Alston, Jr. v. United States Fourth Circuit 2020-01-08 Denied Response WaivedIFP 4th-amendment constitutional-rights criminal-procedure criminal-procedure-4th-amendment-exclusionary-rule evidence-law exclusionary-rule fourth-amendment inevitable-discovery nix-v-williams search-and-seizure What is the scope of the Inevitable Discovery doctrine originally set out in Nix v. Williams, 467 U.S. 431, 444 (1984)?
19-7213 Rodney Banks v. California California 2020-01-08 Denied IFP 4th-amendment 5th-amendment arrest constitutional-rights criminal-procedure due-process evidence fourth-amendment law-enforcement miranda-rights probable-cause search-and-seizure Whether the arresting officer failed to read the petitioner their Miranda rights and used the wrong evidence for deliberation
19-7195 Matthew Davonn Weatherspoon v. Colorado Colorado 2020-01-07 Denied IFP cell-phone-tracking civil-rights colorado-statute criminal-law due-process first-amendment fourth-amendment free-speech law-enforcement privacy-rights search-and-seizure sex-trafficking standing statutory-interpretation warrant-requirement Whether the Colorado statute on complicity in sex trafficking violates the First Amendment and due process rights of the defendant by criminalizing sp…
19-7164 Dominic Howard v. United States Fifth Circuit 2020-01-06 Denied Response WaivedIFP criminal-procedure due-process exclusionary-rule fifth-circuit fourth-amendment in-forma-pauperis ineffective-assistance-of-counsel judicial-review pro-se probable-cause search-and-seizure sentencing standing writ-of-certiorari Whether the Fifth Circuit erred in affirming the district court's denial of Petitioner's motion to suppress evidence obtained in violation of the Four…
19-7170 Dante Taylor v. New York New York 2020-01-06 Denied Response WaivedIFP appellate-counsel appellate-procedure appellate-review carpenter-v-united-states constitutional-law constitutional-ruling due-process fourth-amendment griffith-v-kentucky ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel retroactive-application retroactivity supremacy-clause supreme-court-precedent What is the appropriate appellate protocol for appellate counsel to follow when: (i) the Supreme Court has issued a new constitutional ruling affectin…
19-7171 Samuel Turner v. United States Eighth Circuit 2020-01-06 Denied Response WaivedIFP arrest civil-rights conviction-and-sentence criminal-procedure criminal-procedure-4th-amendment-search-and-seizur drug-possession due-process exculpatory-evidence fourth-amendment fourth-amendment-search-and-seizure investigative-reports police-conduct probable-cause search-and-seizure subpoena-duces-tecum supervisory-power Whether the lower courts erred by upholding the arrest of Mr. Turner?
19-7173 Kenneth Rose v. United States Sixth Circuit 2020-01-06 Denied Response WaivedRelisted (2)IFP address-discrepancy affidavit criminal-procedure fourth-amendment good-faith-exception ineffective-assistance ineffective-assistance-of-counsel material-fact plain-error search-warrant suppression Whether appellate counsel was ineffective for failing to raise a plain error of fact material to Leon's third exception, which would have not permitte…
19-7139 Daryl Glenn Pawlak v. United States Fifth Circuit 2020-01-02 Denied Response WaivedIFP 4th-amendment 5th-amendment circuit-split due-process fifth-amendment fourth-amendment good-faith outrageous-government-conduct rule-41 search-warrant warrant-violation Whether the Fifth Circuit's standard for determining outrageous government conduct violates the Fifth Amendment Due Process clause
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…
19-814 Tony Deshawn McCoy v. United States Fourth Circuit 2019-12-27 Denied Amici (1) armed-and-dangerous fourth-amendment law-enforcement-discretion marijuana-possession probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio Whether officers can presume that a person is 'armed and presently dangerous' simply because the person possesses any amount of marijuana, however sma…
19-7055 In Re Charlene Rosa 2019-12-23 Denied IFP brady-v-maryland civil-rights constitutional-law criminal-procedure due-process equal-protection evidence fourth-amendment habeas-corpus ineffective-assistance-of-counsel search-and-seizure strickland-v-washington Whether the state court violated the defendant's constitutional rights by denying his claims of ineffective assistance of counsel, denial of due proce…
19-797 City of St. Louis, Missouri, et al. v. Mary R. Meier Eighth Circuit 2019-12-23 Denied 14th-amendment 42-usc-1983 4th-amendment civil-rights fourteenth-amendment fourth-amendment municipal-liability probable-cause section-1983 seizure wanted-bulletin warrantless-seizure Whether a municipality can be held liable under 42 U.S.C. §1983 for a warrantless seizure of an automobile based on probable cause
19-800 Carlin Robinson, Individually, as Guardian and Next Friend of I. Y., M. Y., and A. Y., and as Personal Representative of the Estate of Veronica Williams, Deceased, et al. v. Daniel A. Lioi, et al. Fourth Circuit 2019-12-23 Denied Response Waived circuit-split civil-rights deshhaney due-process fourth-amendment police-liability qualified-immunity state-created-danger Which of the widely divergent approaches amongst the circuit courts of appeal, if any, appropriately applies the doctrine arising from this Court's pr…
19-7035 Michael B. Lowry v. United States Eighth Circuit 2019-12-20 Denied Response WaivedIFP 4th-amendment attenuation-doctrine burden-of-proof criminal-procedure evidence-suppression exclusionary-rule fourth-amendment search-and-seizure suppression-of-evidence Does the government bear the burden of proving that the attenuation doctrine applies to preclude suppression of evidence after an illegal search or se…
19-794 Daniel Macias, et al. v. Raymond Nichols, et al. Ninth Circuit 2019-12-20 Denied Response RequestedResponse WaivedRelisted (2) circuit-split civil-dispute civil-procedure civil-rights district-of-columbia-v-wesby fourth-amendment law-enforcement ninth-circuit probable-cause qualified-immunity section-1983 wesby Whether the Ninth Circuit departed from this Court's qualified immunity decisions
19-7019 Alvin Washington v. Justin Boder, et al. Third Circuit 2019-12-19 Denied IFP civil-procedure civil-rights due-process fourth-amendment procedural-due-process property-rights section-1983 standing takings unlawful-eviction unreasonable-search-and-seizure Whether the extraordinary circumstances of a person being lawfully evicted by PFA order by the court one day after his unlawful eviction by state empl…
19-7020 Nahach Garay v. United States Ninth Circuit 2019-12-19 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure fourth-amendment inventory-search law-enforcement probable-cause search-and-seizure training-and-experience warrant warrantless-search Whether a purported inventory search that produces no inventory can justify the warrantless search of an automobile
19-7022 Jesus D. Cruz v. United States Sixth Circuit 2019-12-19 Denied IFP 4th-amendment constitutional-violation criminal-procedure criminal-sentencing due-process fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rehaif-v-united-states search-and-seizure search-warrant sentencing toxicology-report Whether Counsel was ineffective for not showing the Petitioner and or verifying to the Petitioner, that the officers never producted a valid search wa…
19-6969 Leviticus A. Swift v. Georgia Georgia 2019-12-18 Denied IFP 4th-amendment arrest-warrant civil-rights constitutional-rights criminal-procedure criminal-trial due-process exclusionary-rule fourth-amendment indictment probable-cause search-and-seizure Whether the probable cause for the issuance of an arrest warrant was insufficient to justify the petitioner's arrest?
19-6990 King Bush v. Kannika Say Michigan 2019-12-18 Denied IFP benefits civil-rights confidential-informant criminal-procedure due-process false-documents fourth-amendment fraud green-card immigration immigration-fraud law-enforcement marriage money-laundering probable-cause search-and-seizure Whether the marriage based on immigration fraud should be voided
19-6998 Patrick Kofalt v. United States Third Circuit 2019-12-18 Denied Response WaivedIFP 2255-motion conflict-of-interest due-process plea-agreement fourth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-procedure judicial-shell-game nix-v-whiteside plea-agreement sixth-amendment Does controlling authority from the Supreme Court in Nix v. Whiteside, 475 US 157 (1986), hold that all ineffective assistance of counsel waivers are …
19-6963 Roland A. Prenatt v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-12-17 Denied Relisted (2)IFP 6th-amendment attorney-accountability civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment mental-health probable-cause search-and-seizure sixth-amendment-speedy-trial,due-process,right-to- speedy-trial Whether the Sixth Amendment of the U.S. Constitution guarantees the accused the right to a speedy trial, and why the judge and attorney can waive this…
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,…
19-6943 Sheila Annette Cunningham v. Florida Credit Union Eleventh Circuit 2019-12-13 Denied IFP burden-of-proof civil-procedure civil-rights constitutional-rights curtilage discrimination due-process employment equal-protection fourth-amendment investigative-authority law-enforcement search-and-seizure standing summary-judgment Whether the Jistia Couvt Cured Mol ding | Heat Curnningham Failes to prvite evidence of racial diSciminaton
19-751 Elio Gutierrez v. California California 2019-12-12 Denied Response Waived blood-alcohol-content blood-draw consent driving-under-the-influence dui-arrest fourth-amendment Fourth-Amendment-search-incident-to-arrest law-enforcement search-exception search-incident-to-arrest Is consent voluntary under the Fourth Amendment where a driving under the influence arrestee submits to a blood draw after the arresting officer tells…
19-753 Michael Hunter, et al. v. Randy Cole, et al. Fifth Circuit 2019-12-12 Denied Amici (1)Response RequestedResponse WaivedRelisted (7) civil-rights clearly-established-law deadly-force deadly-weapon due-process dynamic-encounter excessive-force fourteenth-amendment fourth-amendment police-use-of-force qualified-immunity shooting-encounter use-of-force Whether police officers can use deadly force when a person armed with a firearm moves the weapon toward the officer, even if the officer has not shout…
19-6885 Antonio Escobar v. United States Fifth Circuit 2019-12-09 Denied Response WaivedIFP alleyne-v-united-states criminal-law criminal-procedure drug-offenses drug-statute due-process flores-figueroa-v-united-states fourth-amendment mens-rea statutory-interpretation traffic-stop Whether the mens rea requirement in 21 U.S.C. § 841(a) applies to drug type and quantity
19-6887 In Re Brad K. Edmonds 2019-12-09 Denied Relisted (2)IFP 4th-amendment 4th-circuit carpenter-v-united-states civil-rights criminal-procedure due-process fourth-amendment gps-tracking probable-cause retroactivity search search-and-seizure suppression warrantless-search Whether the Fourth Amendment prohibits warrantless GPS tracking of a vehicle, and whether the retroactive application of the Supreme Court's decision …
19-6841 Adam Scott v. United States Third Circuit 2019-12-04 Denied Response WaivedIFP criminal-procedure delayed-sealing evidence-suppression exclusionary-rule fourth-amendment sealing statutory-compliance suppression surveillance-law title-iii title-iii-intercept unforeseen-emergency wiretap wiretap-procedure wiretap-suppression Should a wiretap that was not sealed until 30 days after interception ended, and 21 days after the order expired, be suppressed where that delay was n…
19-6854 In Re Alexander Palomarez 2019-12-04 Denied Response WaivedIFP access-to-courts civil-procedure civil-rights coercive-interrogation constitutional-rights criminal-procedure due-process fourth-amendment habeas-corpus miranda-rights prisoner-rights standing state-court-review suppression-of-evidence Whether the 'prison mailbox rule' announced in Houston v. Lack, 487 U.S. 266, 101 L. Ed. 2d 245, 108 S. Ct. 2379 (1988) should be applied to this case…
19-6859 Michael A. Green v. United States Eighth Circuit 2019-12-04 Denied Response WaivedIFP 4th-amendment abandoned-vehicle community-caretaking criminal-procedure fourth-amendment inventory-search investigatory-motive law-enforcement-motive pretext search-and-seizure tow-policy vehicle-impoundment vehicle-search Whether an officer with a motive to search for incriminating evidence may impound a vehicle and inventory its contents in contravention of the standar…
19-6821 Tim Sundy v. Friendship Pavilion Acquisition Co., et al. Georgia 2019-12-03 Denied IFP 14th-amendment 1st-amendment 4th-amendment 5th-amendment civil-procedure civil-rights due-process fifth-amendment first-amendment fourteenth-amendment fourth-amendment takings Whether Petitioner Tim Sundy, without a meaningful remedy, has immunity, as provided by the due process clause of the Fifth and Fourteenth Amendments …
19-693 Peter Balov v. California California 2019-12-02 Denied Response Waived blood-alcohol-content blood-draw coercion consent dui fourth-amendment officer-authority probable-cause search-and-seizure Is a motorist's consent to a blood draw, for purposes of determining blood-alcohol content, voluntary within the meaning of the Fourth Amendment where…
19-694 Heather Baker, as Personal Representative of the Estate of Kyle Baker, Deceased v. City of Trenton, Michigan, et al. Sixth Circuit 2019-12-02 Denied Response Waived civil-rights due-process excessive-force fourth-amendment home-invasion police-conduct police-procedure search-and-seizure second-amendment self-defense standing warrantless-search Whether the Second Amendment right to bear arms precludes warrantless home searches based on lawful firearm possession
19-6766 Miles Barton Nichols v. United States Ninth Circuit 2019-11-27 Denied Response WaivedIFP fourth-amendment fourth-amendment-search-and-seizure franks-hearing franks-v-delaware informant-credibility law-enforcement-procedure material-omissions probable-cause recklessness search-warrant Whether a finding of recklessness should be inferred where omissions are critical to probable cause
19-6739 Marshon Simon v. United States Seventh Circuit 2019-11-26 Denied Response WaivedIFP armed-career-criminal-act armed-career-criminal-act,violent-felony,elements- attempted-offense canine-search criminal-procedure Does an attempted offense meet the requirements of florida-v-harris fourth-amendment fourth-amendment-protections fourth-amendment,narcotics-detection,canine-search narcotics-detection residual-odor Does Florida v. Harris stand for the proposition that narcotics sniffing canines may be trained to alert to residual odor, i.e. the absence of narcoti…
19-6753 Benitez Auguarius Moody v. United States Fourth Circuit 2019-11-26 Denied Response WaivedIFP affidavit-challenge deliberate-falsehood due-process fourth-amendment franks-v-delaware intentional-falsehoods intentional-falsity probable-cause search-warrant Whether the characterization of deliberate falsehoods in a search warrant affidavit as mere imprecision eviscerates the right of a defendant as enunci…
19-682 Melanie Kelsay v. Matt Ernst Eighth Circuit 2019-11-26 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) circuit-split civil-rights due-process excessive-force fourth-amendment non-compliance police-misconduct qualified-immunity use-of-force Are police officers entitled to qualified immunity as a matter of law even if they use substantial force against non-threatening suspected misdemeanan…
19-6698 Amon Rweyemamu Mtaza v. United States Fifth Circuit 2019-11-20 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights conflict-of-interest due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel involuntary-consent plain-view-doctrine probable-cause search-and-seizure sixth-amendment venue-defense wire-fraud Whether the petitioner's Fourth Amendment rights were violated by an unlawful arrest, unlawful search and seizure, and involuntary coerced consent
19-6691 Robert H. Smith v. Indiana Indiana 2019-11-20 Denied Response WaivedIFP 14th-amendment 4th-amendment 5th-amendment 6th-amendment exclusionary-rule fifth-amendment fourth-amendment ineffective-assistance judicial-review sixth-amendment state-court-conflict strickland-standard Whether the Indiana Supreme Court/Court of Appeals has entered a decision in conflict with other decisions previously made in the United States Suprem…
19-649 N. E. L., et al. v. Monica Gildner, et al. Tenth Circuit 2019-11-19 Denied Response Waived 4th-amendment child-custody civil-rights decisional-law due-process fourth-amendment jurisdiction post-removal-hearing post-seizure-hearing qualified-immunity uccjea Were Colorado's UCCJEA requirements detailed enough to defeat qualified immunity in a Fourth Amendment claim arising from the denial of a post-seizure…
19-622 Thomas S. Bell v. Pennsylvania Pennsylvania 2019-11-15 Denied Response Waived blood-test criminal-procedure driving-under-influence driving-under-the-influence due-process evidence evidence-of-guilt fourth-amendment implied-consent search-and-seizure warrantless-search Whether a motorist's assertion of his Fourth Amendment right to refuse consent to a warrantless blood test may be used as evidence of guilt for the of…
19-626 Robert Huff, et al. v. Michele Choate Tenth Circuit 2019-11-15 Denied 4th-amendment civil-rights excessive-force fourth-amendment graham-v-connor pre-seizure-conduct qualified-immunity reckless-creation Whether the Tenth Circuit's 'reckless creation' theory, which imposes liability for the creation of the need to use force, should be barred because it…
19-618 Jon Eric Shaffer v. Pennsylvania Pennsylvania 2019-11-14 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) constitutional-exemption digital-devices digital-privacy fourth-amendment fourth-amendment-search fourth-amendment,private-search-doctrine,digital-p government-search private-search-doctrine property-based-test property-rights united-states-v-jacobsen united-states-v-jones virtual-certainty Does the 'virtual certainty' that reopening 'an ordinary cardboard box' will expose nothing beyond the private actor's earlier search, Jacobsen, 466 U…
19-6640 Ramelus D. Bradley v. United States Eighth Circuit 2019-11-14 Denied Response WaivedIFP 4th-amendment circuit-court circuit-court-review civil-rights federal-law federal-law-violation fourth-amendment gps-tracking jones-v-united-states search-and-seizure supreme-court-precedent vehicle-search Whether the circuit court erred when it failed to find that the state court had violated federal law and in doing so, violated petitioner Bradley's Fo…
19-6595 Raymond Tavelle Holmes v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-11-13 Denied IFP cell-phone civil-procedure civil-procedure-28-usc-636 due-process fair-trial florida-statute-934.23 fourteenth-amendment fourth-amendment ineffective-counsel inevitable-discovery magistrate-judge objection procedural-error report-and-recommendation search-and-seizure severance similar-fact-evidence sixth-amendment standing third-party warrantless-search Whether the failure to sever counts deprived the P Whether the warrantless search and seizure of text williams-rule Whether the Magistrate Judge failed to file a report and recommendation as required, depriving the Petitioner the opportunity to file a written object…
19-6603 Dijon Rasheed Brown v. United States Eighth Circuit 2019-11-13 Denied Response WaivedIFP 4th-amendment anticipatory-warrant controlled-delivery drug-possession fourth-amendment jury-selection probable-cause search-and-seizure standing Whether the Fourth Amendment tolerates the mere placing of a package containing drugs on a person's property, then executing the warrant when any pers…
19-6607 Robert Allen Stanford v. Jay Clayton District of Columbia 2019-11-13 Denied Response WaivedRelisted (2)IFP civil-rights discretionary-function due-process extraterritorial extraterritorial-jurisdiction fourth-amendment search-and-seizure sec-enforcement securities sovereign-immunity Whether the SEC's civil enforcement action against Stanford International Bank, Ltd. in Antigua violated the claimant's due-process rights
19-609 Erin J. Shepherd, et al. v. Angela Studdard Sixth Circuit 2019-11-12 Denied Relisted (3) 4th-amendment civil-rights due-process excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity sixth-circuit summary-judgment use-of-force Whether police officers are entitled to qualified immunity for shooting a knife-wielding suspect on open ground based on a case involving a shooting-t…
19-6573 Garron Gonzalez v. United States Eighth Circuit 2019-11-12 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-privacy civil-rights constitutional-rights digital-evidence effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel probation probation-search search-and-seizure suppression-of-evidence unreasonable-search Whether the Fourth Amendment required suppression of evidence found during warrantless interception of incoming calls on a jailed probationer's cell p…
19-6581 Javier Leon v. United States Eighth Circuit 2019-11-12 Denied Response WaivedIFP constitutional-rights constructive-amendment criminal-procedure due-process fourth-amendment ineffective-assistance material-variance methamphetamine-charge search-and-seizure Whether counsel's failure to subject the government's case to strict adversarial testing, by reason of a fickle, bare-bones 'mere presence' theory of …
19-6587 Jose Joel Helguera-Del Rio v. United States Ninth Circuit 2019-11-12 Denied Response WaivedIFP criminal-procedure evidence evidence-law fourth-amendment plain-view-doctrine probable-cause search-and-seizure traffic-stop Does an officer's seizure of an object only after crouching down, carefully examining it for several seconds, and obtaining another officer's second o…
19-6561 Maurice D. Joseph v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-11-08 Denied IFP 14th-amendment 4th-amendment 5th-amendment 6th-amendment constitutional-rights due-process fifth-amendment fourth-amendment illegal-interrogation right-to-privacy secret-recording self-incrimination unlawful-interrogation warrantless-recording Whether a detective's interrogation of a suspect at the suspect's home and secret recording of the suspect without consent, court authorization, or a …
19-6522 William Smith v. Texas Texas 2019-11-07 Denied IFP blood-draw constitutional-challenge criminal-procedure fourth-amendment fourth-amendment-interpretation mandatory-blood-draw missouri-v-mcneely probable-cause public-safety search-and-seizure texas-transportation-code warrantless-search Was the Texas Department of Public Safety Troopers' mandatory blood draw constitutional under the Fourth Amendment as interpreted by Missouri v. McNee…
19-6533 Kaleb L. Basey v. United States Ninth Circuit 2019-11-06 Denied Response WaivedIFP 18-usc-2703(f) digital-evidence digital-privacy email-privacy fourth-amendment government-request internet-service-provider search seizure warrantless-search Whether the warrantless preservation of private emails by an Internet Service Provider pursuant to a government request under 18 U.S.C. §2703(f) amoun…
19-6473 Gelu Topa v. Teofilo Melendez, et al. Eleventh Circuit 2019-11-01 Denied Response WaivedIFP civil-rights conciseness criminal-procedure due-process exigent-circumstances facts fourth-amendment police-report relevance scotus-petition warrantless-search writ-of-certiorari Whether the police violated the Fourth Amendment by conducting a warrantless search of the petitioner's home without exigent circumstances?
19-6469 Kenneth N. McFall v. Indiana Indiana 2019-10-31 Denied Response WaivedIFP and sole defense witness to testify at trial for appeal evidence sixth-amendment state-court-decision testimony abuse-of-discretion accomplice-testimony constitutional-rights criminal-procedure due-process evidence-seizure fourteenth-amendment fourth-amendment sixth-amendment state-bypass-sixth-amendment Whether the trial court's abuse of discretion in not allowing an alleged accomplice to testify violated the petitioner's due process and Sixth Amendme…
19-551 Ronald Calzone v. Eric Olson, Superintendent, Missouri State Highway Patrol Eighth Circuit 2019-10-28 Denied Response RequestedResponse WaivedRelisted (2) administrative-discretion civil-rights closely-regulated-industry constitutional-rights fourth-amendment search-and-seizure seizure warrantless-search Does the 'closely regulated industry' exception to the Fourth Amendment apply to persons who have not chosen to involve themselves in any business con…
19-6414 Miguel Angel Vega-Torres v. United States Fifth Circuit 2019-10-28 Denied Response WaivedIFP circuit-conflict due-process eighth-circuit federal-law fifth-circuit fourth-amendment immigration-checkpoint rodriguez-standard rodriguez-v-united-states traffic-stop traffic-stops Do the standards for traffic stops articulated in Rodriguez v. United States, 135 S. Ct. 1609 (2015), apply to immigration checkpoint stops?
19-541 Michael Lambert v. Estate of Kevin Brown, by its Successor in Interest Rebecca Brown, et al. Ninth Circuit 2019-10-24 Denied cold-case criminal-investigation criminal-procedure dna-evidence exigent-circumstances false-statements fourth-amendment fourth-amendment-violations murder-case probable-cause search-and-seizure search-warrant third-party Whether the Fourth Amendment requires a warrant to search a home based on probable cause and exigent circumstances when the home is owned by a third p…
19-527 Paul Huskisson v. United States Seventh Circuit 2019-10-23 Denied direct-appeal exclusionary-rule first-step-act fourth-amendment independent-source independent-source-doctrine police-misconduct retroactivity sentencing sentencing-reform Does the independent source exception to the exclusionary rule take into account the flagrancy and deliberate nature of the underlying Fourth Amendmen…
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
19-6343 Antoine Richmond v. United States Seventh Circuit 2019-10-23 Denied IFP 4th-amendment criminal-procedure felon-in-possession fourth-amendment home-entry home-privacy probable-cause reasonable-suspicion search-and-seizure warrantless-search Did law enforcement's suspicion that a firearm would be found just inside the threshold of the home justify their search?
19-6356 Gary E. Larock, Jr. v. United States Fifth Circuit 2019-10-23 Denied Response WaivedIFP constitutional-rights fourth-amendment fourth-amendment,due-process,civil-rights,liberty, home-search liberty-deprivation liberty-interest overbreadth probation probation-supervision statutory-reasonableness vagueness warrantless-search Whether a condition of supervision requiring the Petitioner to permit a probation officer to visit at any time is unreasonable under the Fourth Amendm…
19-513 Aivaras Mardosas v. Florida Florida 2019-10-21 Denied Response Waived bare-bones-affidavit collective-knowledge-doctrine fellow-officer-rule fourth-amendment probable-cause search-warrant suppression-of-evidence Whether the 'fellow officer rule' can justify a search warrant with flawed probable cause
19-6319 Antonio Bogan v. Jeffrey German, et al. Seventh Circuit 2019-10-21 Denied IFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement owner-knowledge probable-cause stare-decisis vehicle-seizure warrantless-search Whether probable cause to effect a warrantless seizure of a vehicle is equivalent to officers' knowledge of an arrestee being its owner?
19-494 David Zachary Morgan v. Washington Washington 2019-10-17 Denied Amici (3)Response RequestedRelisted (2) 4th-amendment civil-procedure civil-rights due-process fourth-amendment government-search plain-view-doctrine plain-view-exception probable-cause property-seizure search-and-seizure warrant-requirement Whether a government official who would like to seize someone's personal property, and has both probable cause and the time to obtain a warrant, must …
19-6296 Michael Holmes v. United States Eleventh Circuit 2019-10-17 Denied Response RequestedResponse WaivedRelisted (2)IFP armed-career-criminal-act bright-line-rule burglary-statute curtilage fourth-amendment fourth-amendment-search-and-seizure implied-license knock-and-talk no-trespassing-sign property-rights reasonable-expectation-of-privacy reasonable-person-test Whether the Eleventh Circuit Court of Appeals violated this Court's Fourth Amendment precedence and committed reversible error by endorsing a bright-l…
19-6267 Michael E. Goynes, Jr. v. Nebraska Nebraska 2019-10-15 Denied Response WaivedRelisted (2)IFP 4th-amendment affidavit cell-phone cell-phone-privacy crime-investigation criminal-investigation fourth-amendment nexus probable-cause search search-and-seizure search-warrant warrant-requirement Whether the Fourth Amendment prohibits the search of the content of a suspect's cell phone when the affidavit in support of the search provides no nex…
19-6202 Manuel Rodriguez-Santana v. United States First Circuit 2019-10-10 Denied Response WaivedRelisted (2)IFP affidavit constitutional-procedure criminal-complaint criminal-procedure federal-rules-of-criminal-procedure fifth-amendment fourth-amendment magistrate magistrate-review probable-cause Whether the District Court Violated the Fourth and Fifth Amendment; Federal Rule Criminal Procedure
19-6241 Elfred William Petruk v. United States Eighth Circuit 2019-10-10 Denied Response WaivedIFP confidential-informant confidential-informants drug-evidence eighth-circuit fourth-amendment gps-tracking gps-tracking-warrants illinois-v-gates probable-cause search-warrant stale-information Did the Eighth Circuit erroneously rule, in conflict with this Court's decision in Illinois v. Gates, that the search warrant for a Chrysler vehicle a…
19-466 Zachery Pittman v. Herman Harris Fourth Circuit 2019-10-09 Denied Response RequestedResponse WaivedRelisted (3) 42-usc-1983 4th-amendment circuit-split civil-rights clearly-established excessive-force fourth-amendment qualified-immunity scott-v-harris section-1983 summary-judgment use-of-force Whether the Fourth Circuit erred in deviating from other circuit holdings and announcing that Scott v. Harris directs the lower courts to examine whet…
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…
19-6193 Franklin C. Smith v. United States District Court for the Eastern District of Virginia Fourth Circuit 2019-10-08 Dismissed Response WaivedIFP administrative-law cell-phone-data civil-procedure civil-rights constitutional-law due-process equal-protection fourth-amendment incident-to-arrest judicial-review legal-procedure privacy search-and-seizure standing statutory-interpretation takings warrant-requirement Whether the Fourth Amendment prohibits the warrantless seizure and search of a person's cell phone data incident to arrest when the phone is not immed…
19-6172 Samantha Delane Rajapakse v. Credit Acceptance Corporation, et al. Sixth Circuit 2019-10-07 Denied IFP auto-lenders auto-lending consumer-protection consumer-protection-laws credit-reporting fair-credit-reporting fourth-amendment fraud payment-histories payment-history repossession wrongful-repossession wrongful-seizure Does the courts have jurisdiction to give auto lenders immunity from the Consumer Protection Laws enacted by congress when evidence in the court recor…
19-6187 Jon Kaiser v. United States Ninth Circuit 2019-10-07 Denied Response WaivedIFP affiant-misconduct affidavit child-pornography civil-rights due-process fourth-amendment judicial-review lascivious-exhibition magistrate-judge probable-cause search-and-seizure search-warrant Whether an intentional or reckless omission of purported child pornography images from a search warrant application undermines a finding of probable c…
19-452 Gregory Clark v. Austin Clark Eighth Circuit 2019-10-04 Denied Response Waived excessive-force fourth-amendment police-encounter reasonable-suspicion seizure voluntary-interaction Whether a voluntary interaction with police becomes an unconstitutional seizure when the officer runs the subject's ID
19-6154 Joanthony Deaundre Johnson v. Missouri Missouri 2019-10-04 Denied Response WaivedIFP cell-phone criminal-procedure digital-evidence fifth-amendment fourth-amendment particularity-requirement search-and-seizure self-incrimination warrant-particularity Whether a warrant authorizing the search of a cell phone and describing the things to be seized as 'all data/software' pertaining to the crimes is off…
19-6095 Charles Devan Fulton, Sr. v. United States Fifth Circuit 2019-09-27 Denied IFP 4th-amendment cellphone-privacy evidence-suppression exclusionary-rule fourth-amendment good-faith-exception leon-good-faith-exception predicate-illegality probable-cause search-and-seizure search-warrant united-states-v-leon warrant-requirement Whether the Government can whitewash, via United States v. Leon, 468 U.S. 897 (1984), its predicate illegal seizure of a citizen's cellphone and salva…
19-6082 Chase Matheny v. United States Fifth Circuit 2019-09-26 Denied Response WaivedIFP constitutional-rights fourth-amendment home-search liberty liberty-interest overbreadth overbroad probation probation-supervision reasonableness reasonableness-standard supervised-release supervision vagueness Whether a condition of supervision requiring the Petitioner to permit a probation officer to visit him at any time at home or elsewhere is unreasonabl…
19-6046 Steven Gary Sanders v. William Beck, et al. Eleventh Circuit 2019-09-25 Denied IFP 1st-amendment 4th-amendment civil-rights due-process excessive-fines fourteenth-amendment fourth-amendment law-enforcement search-and-seizure vehicle-seizure Issues being raised
19-6059 Serrah Arnold, aka Kristen v. United States Fifth Circuit 2019-09-25 Denied Response WaivedIFP constitutional-rights fourth-amendment home-search liberty-deprivation liberty-interest overbreadth probation probation-supervision reasonableness reasonableness-standard supervised-release vagueness Whether a condition of supervision requiring the Petitioner to permit a probation officer to visit her at any time at home or elsewhere is unreasonabl…
19-6060 Vincent Scott Mathews v. United States Tenth Circuit 2019-09-25 Denied Response WaivedIFP criminal-procedure fourth-amendment gps-monitoring parole parole-conditions reasonable-expectation-of-privacy reasonable-expectation-privacy search-and-seizure warrant warrant-requirement warrantless-search Does U.S. v. Knights and Griffin v. Wisconsin still precedent to be relied on?
19-398 LMP Services, Inc. v. City of Chicago, Illinois Illinois 2019-09-24 Denied Response Waived 4th-amendment competition due-process food-truck-regulation fourth-amendment gps-tracking licensure municipal-ordinance privacy-rights restaurants search unreasonable-search Whether Chicago's requirement that licensed food trucks install GPS devices that create comprehensive records of their movements in order to protect r…
19-6049 Lawrence T. Tyler v. United States Fifth Circuit 2019-09-24 Denied Response WaivedIFP collateral-consequences coram-nobis criminal-sentencing deportation fact-finding fourth-amendment habeas-corpus ineffective-assistance-of-counsel judicial-fact-finding jury-trial loss-amount reasonable-doubt search-and-seizure sixth-amendment Whether a Certificate-Of-Appealability should be granted
19-384 Harmon L. Taylor v. City of Sherman, Texas, et al. Fifth Circuit 2019-09-23 Denied Response Waived civil-rights compelled-commerce compelled-consent consent-doctrine due-process fourth-amendment illegal-seizure probable-cause seizure transfer-of-venue transportation-code vehicle-definition Question not identified
19-6028 Adam Lane v. Adam Nading, et al. Eighth Circuit 2019-09-23 Denied Response WaivedIFP 42-usc-1983 4th-amendment civil-rights constitutional-violation fourth-amendment knock-and-announce parole-search parole-searches qualified-immunity Whether qualified immunity applies to § 1983 actions for failure to knock-and-announce in parole searches
19-345 Dorian Johnson v. City of Ferguson, Missouri, et al. Eighth Circuit 2019-09-17 Denied civil-rights constitutional-rights fourth-amendment move-on-order police-encounter public-space reasonable-person-standard seizure totality-of-circumstances use-of-force Whether a person can be 'seized' when he is not confined to a particular space
19-5897 Carlos German Lema Nogales v. United States Fourth Circuit 2019-09-12 Denied Response WaivedIFP 4th-amendment 4th-circuit-precedent 6th-amendment conspiracy constitutional-violations criminal-informant due-process eavesdrop effective-assistance-of-counsel fourth-amendment ineffective-assistance multiple-conspiracies search-and-seizure warrant warrant-reliability WHETHER PETITIONER WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL
19-5909 Blake Clinton Talman v. Florida Florida 2019-09-11 Denied Response WaivedIFP blood-draw criminal-procedure due-process evidence fourth-amendment fourth-amendment-violation good-faith-exception ineffective-assistance warrantless-search Whether the 'good faith' exception applies to a warrantless blood draw obtained in violation of the Fourth Amendment
19-5915 Steven J. Varnauskas v. Illinois Illinois 2019-09-11 Denied IFP 4th-amendment civil-rights constitutional-rights due-process fourth-amendment license-plate probable-cause search-and-seizure traffic-violation vehicle-impoundment vehicle-search warrantless-search Whether a bicycle rack attached to the rear of a vehicle was stowed accordingly and correctly to the manufacturer's instructions and does not obscure …
19-326 Melinda Mitchell, et al. v. City of New York, et al. Second Circuit 2019-09-10 Denied Response Waived civil-rights fourth-amendment malice material-facts objective-reasonableness perjury police-misconduct qualified-immunity trespass wrongful-seizure Did the Second Circuit err in applying District of Columbia v. Wesby to grant qualified immunity to the police defendants who arrested the plaintiff p…
19-327 Jaonte Hairston v. Ohio, et al. Ohio 2019-09-10 Denied Amici (1)Response Waived aggregate-facts constitutional-rights fourth-amendment fourth-amendment-reasonableness law-enforcement limited-search police-conduct reasonable-suspicion search-and-seizure terry-stop Whether facts that do not individually show or permit an inference of a connection between a person and a crime that had been committed nearby may, in…
19-5881 Arthur O. Armstrong v. Virginia, et al. Fourth Circuit 2019-09-10 Dismissed IFP 14th-amendment 4th-amendment civil-procedure civil-procedure-rule-60-b-6 constitutional-rights due-process fourteenth-amendment fourth-amendment liberty property rule-60 Whether Petitioner is entitled to relief, pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure or any relief
19-5883 Richard Johnson v. United States Eleventh Circuit 2019-09-10 Denied Response WaivedIFP criminal-procedure eleventh-circuit evidentiary-hearing fourth-amendment franks-challenge franks-v-delaware gall-standard search-warrant search-warrant-challenge-standard sentencing-variance substantial-preliminary-showing substantive-reasonableness veracity Whether this Court Should Clarify the Quantum Necessary for a Finding of a 'Substantial Preliminary Showing' That Entitles Defendants to a Hearing in …
19-5886 Arthur O. Armstrong v. North Carolina, et al. Fourth Circuit 2019-09-10 Dismissed IFP civil-procedure civil-procedure-rule-60-b-6 conspiracy constitutional-rights due-process federal-rules-of-civil-procedure fourteenth-amendment fourth-amendment liberty probable-cause property rule-60 Whether Petitioner is entitled to relief, pursuant to Rule 60 (b)(6) of the Federal Rules of Civil Procedure
19-5887 Arthur O. Armstrong v. John Doe Fourth Circuit 2019-09-10 Dismissed IFP civil-procedure civil-procedure-rule-60-b-6 conspiracy constitutional-rights disclosure-of-corporate-affiliation due-process fourteenth-amendment fourth-amendment liberty probable-cause property rule-60 standing Whether Petitioner is entitled to relief, pursuant to Rule 60 (b)(6) of the Federal Rules of Civil Procedure
19-5838 Glenn Ray Smith v. United States Fifth Circuit 2019-09-09 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fourth-amendment fourth-amendment,supervised-release,probation,four home-search liberty liberty-interest probation probation-supervision search-and-seizure supervised-release whether-this-court-should-grant-certiorari-vacate- Whether a condition of supervision requiring the Petitioner to permit a probation officer to visit him at any time at home or elsewhere is unreasonabl…
19-5866 Jason Loera v. United States Tenth Circuit 2019-09-09 Denied Response WaivedIFP circuit-court-split circuit-courts electronic-evidence fourth-amendment fourth-amendment-jurisprudence fourth-amendment-protections inevitable-discovery search-and-seizure state-courts technological-advances warrant-requirement Are the federal circuit courts and state courts of last resort analyzing and applying the inevitable discovery doctrine in a manner eviscerating the F…
19-308 Blanca Arizmendi v. Patrick Gabbert Fifth Circuit 2019-09-06 Denied Response Waived civil-rights constitutional-rights due-process false-representation fourth-amendment franks-v-delaware hicks-v-oklahoma law-enforcement qualified-immunity texas-code-of-criminal-procedure warrant-affidavit warrantless-arrest Was the officer's arrest of Petitioner with a warrant based on clearly established law?
19-5774 Patrick O. Neiss v. Montana Montana 2019-09-05 Denied Response WaivedIFP burden-of-proof circumstantial-evidence constitutional-rights due-process fourth-amendment holland-v-united-states jury-instruction jury-instructions net-worth-prosecution particularity presumption-of-innocence probable-cause reasonable-doubt search-and-seizure Should this lack of clarity be resolved by this Court?
19-5837 Terri McGuire Mollica v. United States Eleventh Circuit 2019-09-05 Denied Response WaivedIFP detention-cell Evidentiary-Hearing Exclusionary-Rule Fourth-Amendment Fruit-of-the-Poisonous-Tree Fruits-of-Poisonous-Tree ineffective-assistance Ineffective-Assistance-of-Counsel Reasonable-Expectation-of-Privacy section-2255 unreasonable-search Unreasonable-Search-and-Seizure Warrantless-Search Was Petitioner's guilty plea sustained in violation of the Fourth Amendment, Unreasonable-Search-and-Seizure, where law enforcement conducted a warran…
19-292 Roxanne Torres v. Janice Madrid, et al. Tenth Circuit 2019-09-04 Judgment Issued Amici (13)Response RequestedResponse WaivedRelisted (2) apprehension circuit-split civil-rights constitutional-law detention excessive-force fourth-amendment physical-force police-force seizure Is an unsuccessful attempt to detain a suspect by use of physical force a 'seizure' within the meaning of the Fourth Amendment?
19-5801 Emory Chiles v. United States Fourth Circuit 2019-09-04 Denied Response WaivedIFP 4th-amendment appellate-review court-of-appeals criminal-procedure district-court evidence-suppression exclusionary-rule fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure standard-of-review Whether the Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Chiles' motion to suppress evidence?
19-5825 Mario Garcia-Zavala v. United States First Circuit 2019-09-04 Denied Response WaivedIFP 4th-amendment 5th-amendment booking-exception booking-information-exception constitutional-law criminal-procedure evidence-of-identity fifth-amendment fourth-amendment immigration-crimes miranda-v-arizona miranda-warnings stop-and-identify Does the booking information exception to the warnings required by Miranda v. Arizona, 384 U.S. 436 (1966), apply to evidence of identity in prosecuti…
19-5782 Tyrone Dexter Christian v. United States Sixth Circuit 2019-09-03 Denied Response WaivedIFP criminal-activity criminal-procedure exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant totality-of-the-circumstances vague-affidavit vague-and-conclusory Whether the lower court erred in finding probable cause to search petitioner's home when the court viewed the search warrant affidavit as a whole and …
19-5785 Raul Zapata-Dominguez v. United States Fifth Circuit 2019-09-03 Denied Response WaivedIFP constitutional-rights criminal-procedure fourth-amendment home-search indictment jury-trial liberty-deprivation liberty-interest overbreadth probation probation-supervision statutory-maximum statutory-reasonableness supervised-release supervision vagueness Whether a condition of supervision requiring the Petitioner to permit a probation officer to visit him at any time at home or elsewhere is unreasonabl…
19-5790 Ronald Frank Lee v. United States Fifth Circuit 2019-09-03 Dismissed Response RequestedIFP constitutional-rights fourth-amendment home-search liberty-deprivation liberty-interest overbreadth probation-supervision statutory-reasonableness supervised-release vagueness warrantless-search Whether a condition of supervision requiring the Petitioner to permit a probation officer to visit him at any time at home or elsewhere is unreasonabl…
19-5795 Jacob D. Lickers v. United States Seventh Circuit 2019-09-03 Denied Response WaivedIFP circuit-court-conflict circuit-split exclusionary-rule federal-search-warrant fourth-amendment fourth-amendment-violation good-faith-exception probable-cause search-warrant Whether the good faith exception to the exclusionary rule applies when an affidavit supporting a search warrant had been tainted by evidence obtained …
19-272 Willie Lee Cooks v. United States Eleventh Circuit 2019-08-30 Denied Response Waived emergency-aid-exception exigent-circumstances fourth-amendment home-entry home-privacy home-search probable-cause reasonable-belief warrant-requirement warrantless-search Whether the emergency-aid exception permits a warrantless, nonconsensual search of a private home based upon officers' inability to 'rule out the poss…
19-5766 Tham Bui v. California California 2019-08-30 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-location-data cell-phone-privacy fourth-amendment fourth-amendment-search gps gps-tracking location-data privacy reasonable-expectation-of-privacy telecommunications Did petitioner have a reasonable expectation of privacy in the contemporaneous Global Positioning System coordinates transmitted by the petitioner's c…
19-5751 Charles Massengill v. United States Sixth Circuit 2019-08-29 Denied Response WaivedIFP 4th-amendment criminal-procedure due-process fourth-amendment interstate-compact parole parole-supervision parolee-rights reasonable-suspicion search-and-seizure state-statute warrantless-search Whether reasonable suspicion is required for a law enforcement officer to conduct a warrantless search of a parolee or his residence in the absence of…
19-5731 Angel Mesa Madueno v. California California 2019-08-28 Denied Response WaivedIFP 4th-amendment civil-rights consensual-encounter consent fourth-amendment independent-contractor privacy property-rights search-and-seizure standing trespass warrantless-entry Whether an independent contractor legitimately working in another's back yard has standing to contest a warrantless and non-exigent entry onto the pro…
19-5606 Ndokley Peter Enow v. Ricky Foxwell, Warden, et al. Fourth Circuit 2019-08-23 Denied Response WaivedRelisted (2)IFP 4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence exclusionary-rule fourth-amendment plea-bargaining probable-cause search-and-seizure sentencing standing Did the trial court err by admitting into evidence the illegally obtained wiretap recordings of the defendant's phone conversations with an undercover…
19-5696 Adrian Francis Williams v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-08-23 Denied Response WaivedIFP 6th-amendment constitutional-rights custody discovery due-process fourth-amendment jurisdiction prosecutorial-misconduct sixth-amendment speedy-trial state-law Whether the petitioner's speedy trial rights were violated by the delay in bringing him to trial
19-5670 Thomas James v. United States Fifth Circuit 2019-08-22 Denied Response WaivedIFP 4th-amendment byrd-doctrine exclusionary-rule fourth-amendment passenger-rights passenger-standing rakas-v-illinois reasonable-expectation-of-privacy reasonable-expectation-privacy search-and-seizure standing vehicle-search Does a passenger have standing to challenge the search of a vehicle in which they have no ownership or possessory interest?
19-5671 James Lyle v. United States Second Circuit 2019-08-22 Denied IFP byrd-v-united-states community-caretaking driver's-license exclusive-possession exclusive-possession-and-control fourth-amendment fourth-amendment-search-and-seizure non-criminal-control reasonable-expectation-of-privacy rental-vehicle trunk-access vehicle-search warrant-exception Whether a person operating a rental vehicle without a valid driver's license has a reasonable expectation of privacy in the vehicle's locked trunk com…
19-5676 Jerel Leon Jordan v. United States Fourth Circuit 2019-08-22 Denied Relisted (2)IFP brady-disclosure brady-v-maryland exclusionary-rule fourth-amendment giglio-impeachment giglio-v-united-states good-faith-exception motion-to-suppress probable-cause search-warrant united-states-v-leon Whether a district court may consider evidence outside the warrant affidavit in determining good-faith exception
19-222 Paul Anthony Valderas v. City of Lubbock, Texas, et al. Fifth Circuit 2019-08-20 Denied 4th-amendment civil-rights constitutional-rights deadly-force due-process excessive-force fourth-amendment law-enforcement police-conduct police-use-of-force qualified-immunity reasonable-force reasonable-inference use-of-force Whether an officer on the scene constrained by what he observes to use any force creates a reasonable inference that deadly force is excessive?
19-217 DaVinci Aircraft, Inc. v. United States, et al. Ninth Circuit 2019-08-19 Denied Response Waived bivens-claim bivens-v-six-unknown-named-agents civil-asset-forfeiture civil-asset-forfeiture-reform-act civil-rights discretionary-action espionage-act federal-tort-claims-act fourth-amendment subject-matter-jurisdiction Does the exception for forfeitures created by the Civil Asset Forfeiture Reform Act of 2000 (CAFRA) apply to goods seized in violation of the Fourth A…
19-202 Solomon McLemore v. City of Shoreline, Washington Washington 2019-08-16 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights community-caretaking due-process fourth-amendment free-speech obstruction obstruction-of-justice probable-cause search-and-seizure warrant-requirement warrantless-entry warrantless-search Whether it is a violation of the Fourth Amendment for States to charge and convict a person of obstruction for passively refusing to open the door to …
19-5596 Eric T. Latham v. United States Sixth Circuit 2019-08-15 Denied Relisted (2)IFP 4th-amendment arizona-v-gant civil-rights criminal-procedure evidence fourth-amendment minor-traffic-offense probable-cause search-incident-to-arrest traffic-offense vehicle-search Whether the search incident to arrest exception permits police officers to conduct a search based on probable cause for a minor traffic offense and bo…
19-5600 Rafael Tello v. United States Fifth Circuit 2019-08-15 Denied Response WaivedIFP 4th-amendment border-patrol canine-sniff fourth-amendment free-air-sniff immigration-checkpoint martinez-fuerte-standard reasonable-suspicion search-and-seizure united-states-v-martinez-fuerte May a Border Patrol agent working in the primary inspection lane of an interior immigration checkpoint extend the immigration stop beyond the 'brief q…
19-5602 Kirk Wayne McBride, Sr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-08-15 Denied IFP administrative-agency administrative-law civil-rights constitutional-rights criminal-procedure declaratory-relief due-process exclusionary-rule exhaustion-of-remedies federal-jurisdiction fourth-amendment habeas-corpus probable-cause search-and-seizure standing Whether the court of appeals erred by concluding that the petitioner's federal habeas corpus claim under 28 U.S.C. Section 2241 rather than under Titl…
19-188 Ikechukwu Hyginus Okorie v. Virginia M. Crawford, et al. Fifth Circuit 2019-08-13 Denied administrative-search arrest arrest-without-probable-cause detention detention-standards fourth-amendment fourth-amendment-violation law-enforcement-conduct probable-cause qualified-immunity search-warrant standard-of-review tolan-v-cotton Whether the allegations establish a Fourth Amendment violation and qualified immunity defense
19-5572 Rickie Markiece Atkinson v. United States Fourth Circuit 2019-08-13 GVR IFP 18-usc-922g armed-career-criminal-act breaking-and-entering burglary categorical-approach circuit-precedent fourth-amendment guilty-plea north-carolina-breaking-or-entering rehaif-standard rehaif-v-united-states statutory-interpretation Whether North Carolina breaking or entering is categorically broader than the enumerated offense of burglary in the Armed Career Criminal Act
19-5582 Tuan Duc Lam v. United States Ninth Circuit 2019-08-13 Denied IFP circuit-split custodial-detention fourth-amendment knowles-v-iowa ninth-circuit probable-cause search-incident-to-arrest terry-stop terry-v-ohio warrantless-search Can a warrantless search of a person be 'incident to arrest' where, at the time of the search, no arrest has occurred, and the objective evidence fail…
19-5555 Reginald Lacey v. David Gomez, Warden Seventh Circuit 2019-08-12 Denied IFP 4th-amendment civil-rights constitutional-rights due-process fourth-amendment law-enforcement search-and-seizure statutory-authority unreasonable-search void-order warrant-validity warrantless-search Whether the police department's use of a 'void order' to conduct a warrantless search violated the petitioner's Fourth Amendment rights
19-5543 Arnold Maurice Mathis v. United States Eleventh Circuit 2019-08-09 Denied Response WaivedIFP certificate-of-appealability fourth-amendment independent-source-doctrine ineffective-assistance sixth-amendment warrantless-search Whether trial counsel was ineffective in violation of the Sixth Amendment
19-174 Jeri Lynn Rich, Representative for Gavrila Covaci Dupuis-Mays, an Incapacitated Person v. Michael Palko, et al. Fifth Circuit 2019-08-07 Denied Relisted (2) civil-rights clearly-established collateral-order collateral-order-doctrine excessive-force fourth-amendment material-facts qualified-immunity seizure When courts are deciding qualified immunity in Fourth Amendment cases, shouldn't they recite the trial court's identification of the disputed issues o…
19-5454 Melinda Scott v. Andrew Carlson, et al. Fourth Circuit 2019-08-07 Denied IFP civil-rights constitutional-rights due-process fourth-amendment free-speech information-disclosure online-publication privacy privacy-act standing state-action state-actor Are private citizens, who take over functions normally left to the state, by publishing information, on the Internet, about others from (a) courts not…
19-5444 Andrew Blake Moorehead v. United States Sixth Circuit 2019-08-06 Denied Response WaivedIFP 4th-amendment criminal-procedure exclusionary-rule fourth-amendment good-faith-exception jurisdiction jurisdiction-limitation network-investigative-technique void-ab-initio warrant warrant-validity When a warrant is void ab initio, does the Good-Faith exception to the exclusionary rule apply?
19-5474 Terry Lee Carlson v. United States Eighth Circuit 2019-08-06 Denied Response WaivedIFP computer-search district-court due-process evidence evidence-suppression fourth-amendment jurisdiction search-limitation search-warrant territorial-jurisdiction venue warrant-scope Did the Eighth Circuit Court of Appeals disregard plain and unambiguous language in the search warrant limiting searches to the computers located in t…
19-5475 Mitchell Taebel v. Maricopa County Attorney's Office, et al. Ninth Circuit 2019-08-06 Denied Relisted (2)IFP 4th-amendment civil-rights constitutional-rights due-process excessive-force fourteenth-amendment fourth-amendment law-enforcement police-misconduct qualified-immunity standing unreasonable-seizure Whether the petitioner's constitutional rights were violated
19-5488 Loretta Jackson v. Joseph Barla, et al. Delaware 2019-08-06 Denied Relisted (2)IFP 14th-amendment 4th-amendment animal-rights civil-rights due-process excessive-force fourteenth-amendment fourth-amendment property-rights state-action state-actor Whether The Supreme Court of the State of Delaware deprived Loretta Jackson of her Due Process rights under the 4th and 14th Amendment of the United S…
19-5445 Ronald Lewis Coleman, Jr. v. United States Sixth Circuit 2019-08-05 Denied Response RequestedResponse WaivedRelisted (2)IFP curtilage fourth-amendment fourth-amendment,search-and-seizure,curtilage,gps- gps-tracking police-intrusion private-property search-and-seizure Whether unauthorized police intrusion into a private condominium enclave to install a GPS tracking device on a vehicle constitutes a Fourth Amendment …
19-5456 Ibrahim McCants v. United States Third Circuit 2019-08-05 GVR IFP anonymous-tip categorical-approach criminal-law criminal-statute divisibility-of-state-statutes domestic-violence due-process federal-criminal-procedure firearms fourth-amendment mathis-v-united-states mens-rea police-stop-and-frisk reasonable-suspicion rehaif-standard rehaif-v-united-states statutory-interpretation stop-and-frisk supreme-court-precedent third-circuit-court-of-appeals Whether the government established the knowledge-of-status element under 18 U.S.C. § 922(g)(1)
19-156 Diego Baldemar Islas v. Texas Texas 2019-08-02 Denied Response RequestedRelisted (2) blood-seizure fourth-amendment franks-v-delaware misleading-by-commission misleading-by-omission probable-cause schmerber-v-california search-and-seizure warrant-requirements Does the holding of Franks v. Delaware forbid misleading by omission as well as misleading by commission?
19-155 Lenard Johnson v. Megan Winfrey Fifth Circuit 2019-08-01 Denied civil-rights clearly-established-law constitutional-rights due-process fourth-amendment franks-v-delaware immunity-analysis law-enforcement qualified-immunity When a claim is brought under Franks v. Delaware, does the Fourth Amendment alone fully define the dimensions of a law enforcement officer's qualified…
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…
19-5431 DeAndre Cherry v. United States Seventh Circuit 2019-08-01 Denied Response WaivedIFP 4th-amendment civil-rights due-process effective-assistance-of-counsel eighth-amendment exclusionary-rule fifth-amendment fourth-amendment fourth-amendment-violation probable-cause search search-and-seizure vehicle-search Was the petitioner's Fourth Amendment right infringed upon when the officers conducted an illegal search of his vehicle absent probable cause?
19-5409 Brady Daniel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-31 Denied Relisted (2)IFP civil-rights due-process fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment texas-code-of-criminal-procedure texas-constitution warrantless-search Whether the actions of Nawis County Sheriff's Department violate the constitutional and statutory rights of petitioner Brady A. Daniel under the Fourt…
19-5414 Arthur Whitley v. Texas Texas 2019-07-31 Denied IFP 4th-amendment affidavit cell-phone cell-phone-data cell-phone-search criminal-investigation evidence-nexus fourth-amendment murder-investigation nexus-requirement probable-cause riley-precedent riley-v-california search-warrant search-warrant-precedent Whether the Fourth Court of Appeals' legal analysis of the nexus between evidence about a murder investigation and information in the Petitioner's cel…
19-5357 Daniel Eugene Cookson v. United States Tenth Circuit 2019-07-26 Denied Response WaivedIFP 4th-amendment civil-rights exclusionary-rule federal-magistrate federal-magistrates-act federal-rules-of-criminal-procedure fourth-amendment good-faith-exception magistrate-judge search-warrant territorial-jurisdiction When a warrant authorizes a search beyond the issuing judge's territorial jurisdiction, does the good-faith exception to the exclusionary rule apply t…
19-5306 Born Murray v. United States Sixth Circuit 2019-07-25 Denied Response WaivedIFP civil-rights detention fourth-amendment investigation investigative-detention law-enforcement reasonable-suspicion seizure time-frame traffic-stop Where a police officer admittedly abandons the initial basis for a traffic stop to pursue a new investigation unsupported by reasonable suspicion, doe…
19-5326 Sean Frederik Franke v. Florida Florida 2019-07-25 Denied Response WaivedIFP 4th-amendment blood-draw blood-extraction civil-rights drunk-driving due-process exigent-circumstances fourth-amendment missouri-v-mcneely probable-cause warrant-requirement warrantless-search Whether the Court should resolve the question of whether law enforcement officers can rely on the exigent circumstance exception to the Fourth Amendme…
19-5339 James Kenneth Ganzer, Jr. v. United States Fifth Circuit 2019-07-25 Denied Response WaivedIFP authority exclusionary-rule fourth-amendment good-faith-exception magistrate-authority magistrate-judge search-warrant void-ab-initio Can the good faith exception to the Fourth Amendment's exclusionary rule apply to a search warrant that was void ab initio, and therefore without lega…
19-5341 Roshard Whitehead v. Florida Department of Corrections Eleventh Circuit 2019-07-25 Denied Response WaivedIFP 4th-amendment 5th-amendment civil-rights constitutional-law criminal-procedure criminal-trial due-process federal-rule-3 fifth-amendment fourth-amendment illegal-search-and-seizure search-and-seizure standing victim-rights Whether the courts overlooked federal law and the U.S. Constitution when they overlooked the 4th Amendment exclusionary rule, the 5th Amendment right …
19-5343 Amoire Dupree v. United States Second Circuit 2019-07-25 Denied IFP 4th-amendment constitutional-law exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree incident-to-arrest law-enforcement probable-cause search-and-seizure search-incident-to-arrest warrantless-search Can the warrantless search of a person be justified as incident to arrest where, at the time of the search, no arrest has been made and none would hav…
19-5320 Romon Lamont Dobbins v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections Tenth Circuit 2019-07-24 Denied IFP criminal-procedure due-process evidentiary-hearing fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence reasonable-doubt search-and-seizure Was Petitioner's Conviction Sustained With Insufficient Evidence Beyond A Reasonable Doubt?
19-5283 Kyle Jason Korte v. United States Ninth Circuit 2019-07-23 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-interpretation criminal-procedure due-process fourth-amendment good-faith-exception illinois-v-krull improper-application judicial-precedent law-enforcement search-and-seizure statutory-interpretation valid-law Does the 'good faith exception' outlined in Illinois v. Krull extend to circumstances where the statute remains valid but was improperly applied?
19-5294 Abraham Asley Augustin v. United States Sixth Circuit 2019-07-23 Denied Response WaivedIFP 28-usc-2255 amendment criminal-procedure criminal-procedure-15a due-process evidentiary-hearing fair-notice federal-rules-civil-procedure fourth-amendment habeas-corpus motion-to-amend pleading responsive-pleading section-2255 standing Whether the Fed. R.. Crim. P. 15(a) Motion's right to amend as a-matter of course' a 28 U.S.C. Sec. 2255 before a Responsive pleading is filed can be …
19-5248 Garry Randall West v. Jason Bryant, Warden Tenth Circuit 2019-07-22 Denied Relisted (2)IFP child-pornography double-jeopardy due-process fourth-amendment free-speech miranda-rights miranda-warnings right-to-privacy search-and-seizure suppression-of-evidence Question not identified
19-5280 Charles D. Tuttoilmondo, Jr. v. Texas Texas 2019-07-22 Denied IFP 4th-amendment administrative-law administrative-search border-patrol checkpoint-search civil-rights commercial-vehicles constitutional-reasonableness criminal-procedure drug-interdiction fourth-amendment roving-patrol search-and-seizure special-needs-doctrine Does Texas' use of commercial motor vehicle inspectors combined with a roving drug interdiction task force unconstitutionally and unreasonably abuse t…
19-5213 Arthur O. Armstrong v. United States District Court for the Eastern District of Pennsylvania Third Circuit 2019-07-17 Dismissed Response WaivedRelisted (2)IFP 14th-amendment 4th-amendment civil-procedure civil-procedure-rule-60-b-6 constitutional-rights due-process fourteenth-amendment fourth-amendment liberty property rule-60b6 Whether Petitioner is entitled to relief, pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure or any relief
19-88 Wadith Stockinger Nader, et ux. v. City of Papillion, Nebraska, et al. Eighth Circuit 2019-07-17 Denied Response Waived absolute-immunity eighth-circuit fourth-amendment law-enforcement probable-cause prosecutorial-immunity search-and-seizure totality-of-circumstances totality-of-the-circumstances Can an unverified tip constitute probable cause for arrest?
19-5180 Lesa L. Chaney v. United States Sixth Circuit 2019-07-16 Denied Response WaivedIFP civil-rights fourth-amendment fourth-amendment-violation government-agents probable-cause search-and-seizure unreasonable-search warrant Whether a generally worded warrant permitting government agents to rummage through and seize papers, documents and records for which no probable cause…
19-5181 Lamar Johnson v. United States Ninth Circuit 2019-07-16 GVR IFP arrest-procedure circuit-split custodial-arrest felon-in-possession fourth-amendment probable-cause rehaif-v-united-states search-incident-exception search-incident-to-arrest warrantless-search Whether a warrantless search may be upheld under the search-incident-to-arrest exception when the search precedes the arrest
19-5173 Johnny Kirkland v. Huntington Ingalls, Incorporated Fifth Circuit 2019-07-15 Denied Relisted (2)IFP civil-procedure civil-rights digital-privacy due-process electronic-device fourth-amendment patent probable-cause standing takings unreasonable-search warrantless-search Whether Hunks nian 'EM As Kncocpyehion Was Ned h\\igence Under Nesse\\ Quoner +
19-5178 Howard Lester v. Ohio Ohio 2019-07-15 Denied Response WaivedIFP confrontation-clause criminal-procedure essential-element expert-testimony firearms-examination fourth-amendment prosecutor-summation report-admission seizure substitute-analyst summation witness-testimony Whether the admission of a non-testifying firearms examiner's report and substitute analyst testimony violated the Confrontation Clause
19-5196 Malcolm Omar Robinson v. United States Fourth Circuit 2019-07-15 GVR IFP armed-career-criminal-act breaking-and-entering burglary criminal-law fourth-amendment fourth-circuit rehaif-v-united-states remand sentencing-enhancement statutory-interpretation Whether North Carolina Breaking and Entering is broader than Armed Career Criminal Act burglary
19-5131 Steven L. Rackley v. Brigham Sloan, Warden Sixth Circuit 2019-07-10 Denied Response WaivedIFP actual-innocence constitutional-rights dismissal due-process fifth-amendment fourth-amendment guilty-plea habeas-corpus ineffective-assistance-of-counsel ineffective-counsel involuntary-manslaughter notice post-indictment-delay probable-cause sixth-amendment statute-of-limitations statute-of-limitations
19-5139 Alauna Gaye Morris v. United States Eighth Circuit 2019-07-10 Denied Response WaivedIFP 4th-amendment civil-rights fourth-amendment impound inventory-search investigative-stop law-enforcement policy pretext search-and-seizure unreasonable-search vehicle-impoundment Whether the Government meets its burden of proving the existence of a clear written policy for searching impounded vehicles
19-5119 Johana Cabantac Arucan v. Cambridge East Healthcare Center, et al. Sixth Circuit 2019-07-09 Denied Response WaivedRelisted (2)IFP age-discrimination civil-rights constitutional-rights due-process employment employment-discrimination equal-protection fourth-amendment police-misconduct summary-judgment title-vii Whether a court can properly grant summary judgment by accepting an employer's disputed claim that a long-term, older female employee was a poor perfo…
19-5122 David Alan Westerfield v. California California 2019-07-09 Denied IFP capital-trial de-novo-review due-process due-process-review fourth-amendment independent-review jury-sequestration polygraph-evidence pretrial-publicity probable-cause sheppard-v-maxwell standard-of-review Does the mandate announced in Sheppard v. Maxwell apply to the appellate assessment of the trial court's rejection of jury sequestration?
19-5126 Jesus M. Garcia v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. Third Circuit 2019-07-09 Denied IFP appellate-review constitutional-violation criminal-procedure due-process fourth-amendment habeas-corpus ineffective-assistance sixth-amendment trial-counsel wiretap wiretap-evidence Did the district court and appeals court err in denying appellant relief on ineffective assistance of trial counsel due to counsel's failing to object…
19-5081 David Morel, Jr. v. United States First Circuit 2019-07-05 Denied Response WaivedIFP 4th-amendment computer-location computer-search digital-privacy expectation-of-privacy fourth-amendment internet-activity-tracking ip-address law-enforcement reasonable-expectation-of-privacy search-and-seizure warrantless-search Whether the warrantless search for personal IP address information related to images that Morel privately uploaded to Imgur, an image-hosting website,…
19-21 Gregory Owens v. United States First Circuit 2019-07-03 Denied Response Waived 4th-amendment civil-rights constitutional-protection due-process fourth-amendment law-enforcement-procedure property property-rights search search-and-seizure standing warrant warrant-requirement Does the Fourth Amendment protect a person's property from a search without a warrant?
19-5045 Donald Lee Hathorn v. United States Fifth Circuit 2019-07-03 Denied Response WaivedIFP 4th-amendment 5th-amendment 5th-circuit appellate-review criminal-procedure due-process electronic-devices fourth-amendment search-and-seizure supervised-release warrantless-search Whether the United States Court of Appeals for the Fifth Circuit erred by affirming the district court's requirement for Mr. Hathorn to submit his com…
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 …
19-5028 Osvaldo Vasquez v. United States First Circuit 2019-07-01 Denied Response WaivedIFP due-process fifth-amendment fourth-amendment fundamental-fairness gps-tracking gps-warrant sixth-amendment warrant-challenge wiretap-warrant Whether the Petitioner was denied his fundamental constitutional rights to Due Process and Fundamental Fairness
19-5004 Ivan Stamps v. Michael Miller Tenth Circuit 2019-06-28 Denied Response WaivedIFP biggers-test concerted-action fourteenth-amendment fourth-amendment fraud-on-the-court fundamental-fairness governmental-conduct habeas-corpus hearsay-testimony jurisdiction oath-requirement-perjury-fraud-jurisdiction perjury perjury-fraud-jurisdiction verification-affidavit Whether State obtained conviction through perjury/fraud
19-5008 Jamie B. Johnson v. Massachusetts Massachusetts 2019-06-28 Denied Response WaivedIFP digital-age digital-data fourth-amendment gps gps-tracking location-data privacy privacy-rights probation probation-conditions search warrantless-search Whether the warrantless search, unsupported by any individualized suspicion of criminal wrongdoing, of a former probationer's historical GPS location …
18-9825 Shepell Orr v. Ron Neal, Superintendent, Indiana State Prison Seventh Circuit 2019-06-27 Denied Response WaivedIFP 14th-amendment 14th-amendment-equal-protection 4th-amendment 4th-amendment-seizure 5th-amendment 5th-amendment-due-process 6th-amendment 6th-amendment-fair-trial 8th-amendment-cruel-punishment circuit-court-conflict fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment sudden-heat Whether the 7th Circuit Court of Appeals' decision conflicts with another circuit court decision and a state court decision, and whether the petitione…
18-9816 Kabil Anton Djenasevic, aka Anton Genase, aka Kabil Genase, aka Kabil Kraja v. United States Eleventh Circuit 2019-06-26 Denied Response WaivedIFP civil-rights conspiracy-law criminal-procedure due-process evidence false-testimony fifth-amendment fourteenth-amendment fourth-amendment judicial-notice sixth-amendment standing Whether petitioner was denied his Fourth, Fifth, Sixth, and Fourteenth Amendment rights
18-9785 Wayne A. Hussar, II v. James C. Reynolds, et al. Ninth Circuit 2019-06-25 Denied IFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection fourth-amendment probable-cause prosecutorial-misconduct search-and-seizure self-defense sentencing standing warrantless-search Whether the petitioner's due process and equal protection rights were violated when the state court dismissed his criminal case despite evidence of se…
18-9788 Sarah Denise Cardwell v. South Carolina South Carolina 2019-06-25 Denied Response WaivedIFP computer-search evidence-seizure fourth-amendment inevitable-discovery plain-view-doctrine probable-cause search-and-seizure warrant warrant-requirement warrantless-search Whether the Supreme Court of South Carolina erred in applying a standard of 'more likely than not' in concluding under the Fourth Amendment's plain vi…
18-1577 Pennsylvania v. Edward Adams Pennsylvania 2019-06-25 Denied Response RequestedResponse WaivedRelisted (3) 4th-amendment 4th-amendment-law civil-rights conflict-with-other-jurisdictions fourth-amendment investigative-detention law-enforcement-encounter pennsylvania-supreme-court probable-cause reasonable-suspicion seizure terry-stop traffic-stop Whether the Pennsylvania Supreme Court erred in finding that Adams was subjected to an unreasonable seizure in violation of the 4th Amendment
18-9768 Keith Talbert v. Illinois Illinois 2019-06-24 Denied Response WaivedIFP civil-procedure constitutional-amendments due-process eminent-domain. standing takings civil-rights criminal-procedure due-process fourth-amendment search-and-seizure standing Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures
18-9775 Dustin Washington v. United States Fourth Circuit 2019-06-24 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure drug-weight forfeiture fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure search-warrant sentencing-error standard-of-review sufficiency-of-evidence Whether the Fourth Circuit erred in failing to find that the trial court erred in denying Mr. Washington's motion to suppress the search of the BMW
18-9756 Hector Guadalupe Lozano v. United States Fifth Circuit 2019-06-21 Denied Response WaivedIFP 4th-amendment civil-rights drug-dog fourth-amendment law-enforcement lawful-possession odor-detection probable-cause reasonable-suspicion search-and-seizure Whether a drug dog's alert, standing alone, is sufficient to establish probable cause to search when the dog is known to react to the odor of a substa…
18A1347 John M. Wasson v. United States, et al. Ninth Circuit 2019-06-21 Presumed Complete bivens-action due-process fourth-amendment property-rights reasonable-expectation-of-privacy warrantless-search Whether the Fourth Amendment protects an individual's reasonable expectation of privacy when law enforcement photographs a property through an unobstr…
18-9736 Darius Kinney v. Ohio Ohio 2019-06-20 Denied Response RequestedRelisted (3)IFP 4th-amendment 6th-amendment constitutional-law criminal-procedure fourth-amendment ineffective-assistance-of-counsel motion-to-suppress search-and-seizure sixth-amendment warrant warrantless-search Were Petitioner's Sixth Amendment rights violated?
18-9737 Laquan L. Kellam v. United States Third Circuit 2019-06-20 Denied Response WaivedIFP constitutional-interpretation criminal-procedure eighth-amendment eighth-amendment-rights expert-witness-testimony fifth-amendment fifth-amendment-rights fourteenth-amendment fourteenth-amendment-rights fourth-amendment fourth-amendment-rights procedural-error search-and-seizure sixth-amendment sixth-amendment-rights statutory-interpretation warrantless-arrest Did the United States Court of Appeals for the Third Circuit abuse its discretionary, broadly-based authority of interpretation, thus, violating petit…
18-9722 Jonathan Edward Meier v. United States Eighth Circuit 2019-06-19 Denied Response WaivedIFP civil-rights fourth-amendment investigative-stop law-enforcement law-enforcement-detention pat-down probable-cause prolonged-detention reasonable-suspicion search-and-seizure unreasonable-search weapons-search Whether law enforcement violates the Fourth Amendment right against unreasonable search and seizure when it holds an individual for a prolonged period…
18-1553 Cheri Marie Hanson, as Trustee for the Next of Kin of Andrew Derek Layton v. Daniel Best, et al. Eighth Circuit 2019-06-19 Denied Response Waived civil-rights constitutional-violation due-process excessive-force excited-delirium fourth-amendment police-practices police-restraint police-training positional-asphyxia qualified-immunity use-of-force Was the use of prolonged prone restraint with compressive force on an individual who was already handcuffed and hobble-tied a clearly established cons…
18-1554 Lawrence W. Blessinger v. United States Eleventh Circuit 2019-06-19 Denied Amici (1) circuit-split completed-misdemeanor fourth-amendment investigatory-stop law-enforcement-efficacy misdemeanor police-detention privacy-interests reasonable-suspicion terry-stop terry-v-ohio Whether the Fourth Amendment permits police to detain a suspect under Terry v. Ohio to investigate a completed misdemeanor
18-9700 Daniel Gatson v. United States Third Circuit 2019-06-18 Denied Response WaivedIFP 18-usc-2518 aggrieved-person cell-phone-records criminal-procedure Does the District Court have the authority to sent electronic-interception electronic-surveillance expert-testimony expert-testimony-federal-rule-of-evidence-702-scie fourth-amendment fourth-amendment-cell-phone-records-probable-cause sentencing-guidelines sentencing-guidelines-upward-departure-district-co standing standing-aggrieved-person-electronic-interception- Whether acquiring a person's past movements throug Whether an expert's testimony that has never been Whether the 'target' of an electronic interception, whom voice was heard in intercepted conversations have 'standing' as an 'aggrieved person' under 1…
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…
18-9715 Johnny Curtis Bedgood v. United States Eleventh Circuit 2019-06-18 Denied Response WaivedRelisted (2)IFP criminal-procedure critical-stage evidentiary-hearing fourth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining pre-trial-counsel section-2255 sentencing sentencing-enhancements whether-the-us-district-court-abused-its-discretion
18-9655 Sylvester Ekwunife v. City of Philadelphia, Pennsylvania, et al. Third Circuit 2019-06-17 Denied Response WaivedRelisted (2)IFP 4th-amendment affidavit affidavit-accuracy civil-rights constitutional-procedure criminal-procedure detective-misconduct fourth-amendment groh-v-ramirez probable-cause warrant warrant-preparation Whether the dictates of Groh v. Ramirez were violated when the Detective in this case did not have all the correct facts when preparing a probable cau…
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 …
18-9678 Binika L. Hankton v. Frederick Boutte, Warden Fifth Circuit 2019-06-14 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process due-process,criminal-procedure,evidence,jackson-v- evidence evidence-sufficiency fifth-amendment fourth-amendment jackson-v-virginia sixth-amendment standard-of-review sufficiency-of-evidence Is a conviction constitutionally suspect when the evidence used to convict does not meet the standards of Jackson?
18-9631 Erickson Meko Campbell v. United States Eleventh Circuit 2019-06-11 Denied Response WaivedRelisted (2)IFP 4th-amendment exclusionary-rule fourth-amendment good-faith-exception reasonable-suspicion rodriguez-v-united-states seizure-doctrine traffic-stop united-states-v-griffin Whether the exclusionary rule should apply when the only precedent the officer could rely on was not directly on point, explicitly rejected a bright-l…
18-9565 Casey Stoermer v. Ohio Ohio 2019-06-06 Denied Response WaivedIFP consent drug-possession exigent-circumstances fourteenth-amendment fourth-amendment probable-cause search-and-seizure search-warrant sentencing-enhancement warrantless-search Whether the warrantless search of Stoermer's apartment was justified despite the lack of exigent circumstances
18-1519 Jason Correa v. United States Seventh Circuit 2019-06-06 Denied Response RequestedResponse WaivedRelisted (2) electronic-devices fourth-amendment fourth-amendment-protections law-enforcement multi-unit-buildings privacy privacy-rights search-incident-to-arrest secured-common-areas warrantless-search Whether the Fourth Amendment permits law enforcement to conduct a warrantless search of an individual's garage door remote, key fob, and seized key to…
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
18-9535 Alexander Ocasio v. William Perez, et al. Ninth Circuit 2019-06-05 Dismissed IFP access-to-courts citizens-arrest constitutional-rights due-process Fifth-Amendment-violation First-Amendment-violation fourteenth-amendment Fourteenth-Amendment-violation fourth-amendment Fourth-Amendment-violation inter-local-agreement judicial-bias jurisdictional-limitations liberty-interest nev-rev-stat-289-350 Ninth-Circuit police-powers property-interest unlawful-arrest warrantless-arrest Is it a violation of the Fourth Amendment and Fourteenth Amendment of the U.S. Constitution where it is clear to every reasonable police officer that …
18-9520 Alan Bartlett v. Susanna Pineda, Judge, Superior Court of Arizona, Maricopa County, et al. Arizona 2019-06-03 Dismissed IFP constitutional-rights criminal-procedure electronic-surveillance fourteenth-amendment-due-process fourth-amendment fourth-amendment-search-and-seizure legislative-authority search-and-seizure state-constitution statutory-interpretation unlawful-search warrantless-search Whether in light of Bollinger v. New Hampshire, 390 U.S. 1020, the Arizona based conviction of petitioner violates his Fourth Amendment rights where t…
18-9530 Terry Margheim v. Kenneth Buck, et al. Tenth Circuit 2019-06-03 Denied IFP favorable-termination fourth-amendment innocence legal-process malice probable-cause supreme-court-precedent unlawful-seizure Are malice and favorable termination indicative of innocence, necessary elements to prove a violation of the Fourth Amendment?
18A1251 City of Chicago, Illinois, et al. v. Maurice Lewis Seventh Circuit 2019-06-03 Presumed Complete accrual-of-claim false-arrest fourth-amendment legal-process qualified-immunity wrongful-detention Whether a Fourth Amendment claim for wrongful pretrial detention accrues when the detention ends or at a different point in time
18-1494 Michael Steven Beeman v. United States Fourth Circuit 2019-05-31 Denied Response Waived counsel-performance criminal-procedure fourth-amendment guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining pre-trial-motion pre-trial-motions prejudice reasonable-counsel reasonable-performance Whether jurists of reason could debate that a district court must evaluate the merits of a potential motion to suppress where the defendant pled guilt…
18-9461 Antonio Tillmon v. United States Fourth Circuit 2019-05-30 Denied Response WaivedIFP conviction criminal-evidence criminal-procedure drug-distribution due-process evidence fourth-amendment fourth-circuit-review insufficient-evidence judicial-review right-to-a-fair-trial sufficiency-of-evidence undercover-agent undercover-operations Whether the Fourth Circuit erred in affirming Mr. Tillmon's convictions on certain counts
18-9485 Dante Taylor v. New York New York 2019-05-30 Denied Response RequestedResponse WaivedRelisted (2)IFP cell-site-location cell-site-location-information exigent-circumstances fourth-amendment privacy-interest reasonable-expectation-of-privacy secure-communications-act statutory-violation suppression-remedy warrantless-search Whether the warrantless acquisition of cell site location information from a cell phone provider violates the Fourth Amendment
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…
18A1234 Jackie Duncan v. United States Tenth Circuit 2019-05-29 Presumed Complete criminal-procedure evidence-rule fourth-amendment prior-bad-acts right-to-fair-trial sixth-amendment Whether the admission of prior bad act evidence of a shooting, over a defendant's Rule 404(b) objection, constituted reversible error that violated th…
18-1483 Gene N. Barry v. Scott M. Freshour, et al. Fifth Circuit 2019-05-29 Denied Response Waived 4th-amendment administrative-law administrative-search civil-rights due-process fourth-amendment medical-records privacy privacy-interest property-rights section-1983 standing Must doctors have an ownership interest in their medical practices in order to have cognizable privacy or property interests in medical records that (…
18-1486 Zachariah J. Marshall v. Indiana Indiana 2019-05-29 Denied Response Waived 4th-amendment federal-precedent fourth-amendment law-enforcement reasonable-suspicion speeding traffic-stop vehicle-movement vehicle-speed warrantless-stop Whether the Fourth Amendment requires reasonable suspicion of speeding based on an officer's ability to provide actual or estimated vehicle speed or o…
18-1478 Ryan Lawrence Steck v. Maryland Maryland 2019-05-28 Denied Response Waived 4th-amendment drug-dog-search drug-sniffing-dog fourth-amendment law-enforcement-procedure police-investigation police-procedure probable-cause reasonable-suspicion search search-and-seizure vehicle-search Does an indication of a drug-sniffing dog being 'in odor' without an alert provide probable cause for a search?
18-9437 In Re Steven Weste 2019-05-28 Denied IFP carpenter-v-united-states cell-site-location-information criminal-procedure exigent-circumstances fourth-amendment fourth-amendment-privacy government-subpoena privacy-rights subpoena warrant-requirement Does the government's use of a pretrial subpoena to obtain a defendant's historical cell-site location information (CSLI) from a wireless carrier viol…
18A1223 Keith Jerome Wright v. M. Eliot Spearman, Warden Ninth Circuit 2019-05-28 Presumed Complete dna-evidence due-process fourth-amendment ineffective-assistance prosecutorial-misconduct search-and-seizure Whether the Fourth and Fourteenth Amendments require suppression of DNA evidence obtained through an allegedly unlawful arrest and seizure due to inef…
18-9419 Mario Laron Waiters v. United States Fourth Circuit 2019-05-24 Denied Response WaivedIFP 1st-amendment 4th-amendment 5th-amendment 6th-amendment constitutional-rights due-process equal-protection fifth-amendment first-amendment fourth-amendment Whether the Virginia Statute 19.2-72 violates due-process, equal-protection, 1st-amendment, 4th-amendment, 5th-amendment, 6th-amendment
18-9422 Davaus L. McCown v. United States Eleventh Circuit 2019-05-24 Denied Response WaivedIFP 4th-amendment controlled-buys criminal-pattern criminal-procedure drug-crimes drug-enterprise drug-sales fourth-amendment ongoing-activity ongoing-criminal-activity probable-cause probable-cause-search search-and-seizure search-warrant stale-information Whether two police-orchestrated, controlled buys demonstrate an ongoing pattern of drug sales sufficient to support probable cause for an otherwise-st…
18-1465 County of San Diego, California v. Mark Mann, et al. Ninth Circuit 2019-05-24 Denied child-welfare due-process fourth-amendment medical-examination municipal-liability parental-consent parental-notice parental-rights shocks-the-conscience special-needs special-needs-doctrine substantive-due-process Does a parent have a substantive due process right to notice and consent before a child's medical examination in protective custody?
18-1466 County of Sonoma, California, et al. v. Rafael Mateos Sandoval, et al. Ninth Circuit 2019-05-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 4th-amendment constitutional-rights continued-detention detention due-process fourth-amendment lawful-seizure monell-liability municipal-liability property-rights property-seizure public-safety section-1983 seizure vehicle-impound Whether the Fourth Amendment can be violated by the government's mere continued detention of property even though its full-blown seizure satisfied the…
18-9393 Tarell McIlwain v. United States Second Circuit 2019-05-23 Denied IFP 2nd-circuit 4th-amendment circuit-split custodial-arrest fourth-amendment new-york-court-of-appeals officer-safety probable-cause search-incident-to-arrest warrantless-search Can the warrantless search of a person be justified as incident to arrest where, at the time of the search, no arrest has been made and none would hav…
18-9397 Miguel Angel Barron v. Raymond Madden, Warden Ninth Circuit 2019-05-23 Denied Response WaivedIFP burden-of-proof constitutional-law criminal-procedure due-process evidence evidence-suppression fair-trial fourth-amendment jury-instructions probable-cause relevance search-and-seizure self-defense warrantless-search Whether a state trial court's jury instruction that reduces the burden of proof or violates a principle of fairness contained in the due process claus…
18-9398 Ali Cisse v. New York New York 2019-05-23 Denied Response WaivedIFP 18-usc-2511 circuit-court-split circuit-split civil-rights consent fourth-amendment mitchell-v-wisconsin privacy privacy-rights statutory-interpretation title-iii wiretapping wiretapping-consent Does knowledge of wiretapping establish 'consent' to wiretapping under 18 U.S.C. § 2511(2)(c)?
18-9399 Paul Johnson, Jr. v. United States Eleventh Circuit 2019-05-23 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP ammunition ammunition-seizure eleventh-circuit fourth-amendment fourth-amendment-original-meaning original-meaning pat-down police-procedure probable-cause search-and-seizure terry-stop terry-v-ohio Whether the Fourth Amendment permits a police officer to seize a freestanding round of ammunition identified during a pat down conducted pursuant to T…
18-9402 David Lester Jackson v. California California 2019-05-23 Denied IFP 4th-amendment civil-rights constitutional-rights criminal-procedure fourth-amendment fourth-amendment-rights ineffective-assistance-of-counsel probation probation-search search-and-seizure standing warrant-requirement warrantless-search Were-appellates Fourth Amend. rights violated
18-9381 Hubert Youte v. United States Eleventh Circuit 2019-05-22 Denied IFP border-search civil-rights fourth-amendment living-quarters maritime-law reasonable-suspicion search-and-seizure vessel vessel-search Whether the Fourth Amendment requires reasonable suspicion to enter and search the living quarters on a vessel docked at the border
18-1458 Charles J. Vernier v. Debra Gallegos New Mexico 2019-05-22 Denied Response Waived 42-usc-1983 4th-amendment 4th-amendment-search burden-of-proof circuit-precedent circuit-split civil-rights clearly-established clearly-established-law consent consent-burden fourth-amendment implied-consent qualified-immunity search-and-seizure Did the state appellate court err in failing to apply the standards set forth in federal case law regarding 42 U.S.C. § 1983 and the qualified immunit…
18-9371 Lawrence Dusean Adkinson v. United States Seventh Circuit 2019-05-21 Denied Response WaivedIFP 4th-amendment adhesion-contract cellular-service civil-rights consent csli due-process fourth-amendment historical-csli location-tracking privacy privacy-policy standing Whether a defendant necessarily consents to disclosure of historical CSLI data tracking his physical location in excess of seven days simply by utiliz…
18-9359 Emmanuel Diaz v. New York New York 2019-05-20 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP due-process fourth-amendment pretrial-detainee pretrial-detention prison prison-security recordings search-and-seizure telephone telephone-recording telephone-recordings warrant-requirement Whether absent a warrant, notice, or suspicion the Fourth Amendment permits the government to obtain recordings of telephone conversations from pretri…
18-9305 Joshua Chapman-Sexton v. United States Sixth Circuit 2019-05-16 Denied Response WaivedIFP child-pornography exclusionary-rule fourth-amendment fourth-amendment-search-and-seizure inevitable-discovery probable-cause search-warrant warrantless-search Whether the inevitable discovery exception to the Fourth Amendment exclusionary rule applies
18-1435 Matthew Wayne Minard, Individually and in His Official Capacity as a Taylor Police Officer v. Debra Lee Cruise-Gulyas Sixth Circuit 2019-05-15 Denied Response Waived civil-rights constitutional-rights discretion discretionary-action discretionary-enforcement due-process first-amendment fourteenth-amendment fourth-amendment free-speech law-enforcement qualified-immunity retaliation retaliatory-arrest traffic-stop Whether a police officer can immediately initiate a second traffic stop in response to a driver's offensive speech to change the original discretionar…
18-9257 Lonnie Rarden v. Ohio Ohio 2019-05-14 Denied Response WaivedIFP civil-rights criminal-procedure due-process fourth-amendment habeas-corpus judgment merits mitigating-evidence opinion petition search-and-seizure sentencing state-court state-courts writ-of-certiorari Whether the petitioner's due process rights were violated when the state court failed to consider mitigating evidence during sentencing
18-9259 Akunna Baiyina Ejiofor v. United States Tenth Circuit 2019-05-14 Denied Response WaivedIFP affidavit criminal-procedure fourth-amendment good-faith-exception plain-language plain-meaning search-warrant search-warrant-affidavit standard-of-review suppression-motion tenth-circuit May a reviewing court uphold a search by reading a statement in a search-warrant affidavit contrary to its plain meaning?
18-9193 Artez Brewer v. United States Seventh Circuit 2019-05-09 Denied Response WaivedIFP civil-rights federal-law-enforcement fourth-amendment gps-tracking law-enforcement probable-cause search-and-seizure standing warrant warrant-limitations warrant-requirements Whether federal law enforcement exceeds the limitations on the face of the warrant for GPS tracking to in-state monitoring and continues to monitor an…
18-1408 John Washek v. Vermont Vermont 2019-05-09 Denied Response Waived complete-defense constitutional-rights criminal-behavior criminal-charge criminal-procedure due-process evidence-presentation fourth-amendment innocent-behavior probable-cause reasonable-suspicion right-to-defense terry-stop Whether Defendant/Petitioner John Washek's Fourth Amendment rights were violated because the police officer's Terry stop was based on observations muc…
18-1410 James A. Jackson v. Thomas Lawson Sixth Circuit 2019-05-09 Denied constitutional-rights due-process fifth-amendment fourteenth-amendment fourth-amendment miranda-rights miranda-v-arizona self-incrimination sixth-circuit united-states-v-hale unlawful-detention Whether the United States Court of Appeals for the Sixth Circuit may condition enforcement of a citizen's right against unlawful detention guaranteed …
18-9179 Tony B. Thomas v. C. Blake, et al. Tenth Circuit 2019-05-08 Denied IFP access-to-courts civil-procedure civil-rights constitutional-violations due-process eighth-amendment first-amendment fourteenth-amendment fourth-amendment free-speech standing Why did the UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT overlook petitioner arguments pertaining to First-Amendment, Fourth-Amendment, Eighth…
18-9177 Robert Murphy v. Ron Neal, Superintendent, Indiana State Prison Seventh Circuit 2019-05-07 Denied Response WaivedIFP brady-violation cell-phones criminal-procedure digital-evidence due-process fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel miranda-rights privacy search-and-seizure sixth-amendment Whether the government's warrantless search of a person's cell phone violates the Fourth Amendment's protection against unreasonable searches and seiz…
18-9131 Ryan Canfield v. United States Second Circuit 2019-05-03 Denied Response WaivedIFP 4th-amendment civil-rights community-caretaking due-process fourth-amendment impoundment inventory law-enforcement probable-cause public-safety reasonableness standardized-procedures vehicle-impoundment Must impoundment be reasonable under the Fourth Amendment, or conducted pursuant to standardized procedures, or both?
18-9096 Douglas A. Glaser v. City and County of Denver, Colorado, et al. Tenth Circuit 2019-05-02 Denied Response WaivedIFP administrative-law civil-rights due-process equal-protection fourth-amendment jurisdiction qualified-immunity search-and-seizure standing Whether the lower court erred in its application of the Fourth Amendment's prohibition against unreasonable searches and seizures
18-9058 Juan L. Garcia v. United States Fifth Circuit 2019-05-01 Denied Response WaivedIFP 4th-amendment cell-phone-data civil-rights consent fourth-amendment home-search lawful-arrest probable-cause search-and-seizure seizure unreasonable-search warrantless-search Whether the Fourth Amendment's prohibition on unreasonable searches and seizures applies to the search of a person's home and belongings when the pers…
18-9082 Arion D. Andrews v. Ohio Ohio 2019-05-01 Denied Response WaivedIFP criminal-investigation evidence-sufficiency fourth-amendment independent-evidence judicial-review police-investigation probable-cause residence search-warrant Can a search warrant properly issue under the Fourth Amendment when the police-officer-affiant states that the address to be searched is the residence…
18-9036 Gregory Tarrel Brown v. Virginia, et al. Virginia 2019-04-30 Denied Response WaivedIFP 4th-amendment civil-rights curtilage fourth-amendment plain-smell-doctrine probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio Whether the defendant's Fourth Amendment rights were violated
18-9037 Rolander Brown v. Nebraska Nebraska 2019-04-30 Denied Response WaivedIFP 4th-amendment appellate-review criminal-procedure due-process exclusionary-rule fourth-amendment good-faith-exception search-and-seizure stored-communications-act Whether the 'good faith exception' to the exclusionary rule should apply to court orders obtained pursuant to the Federal Stored Communications Act
18-1366 Estate of Adriano Roman, Jr. v. City of Newark, New Jersey, et al. Third Circuit 2019-04-30 Denied 42-usc-1983 civil-procedure civil-rights fourth-amendment joint-and-several-liability joint-several-liability pleading qualified-immunity section-1983 standing tort-law warrantless-search Whether joint and several liability applies under 42 U.S.C. § 1983, where a plaintiff alleges unconstitutional search by multiple officers
18-9022 Maurice Edward Carter v. Mike Parris, Warden Sixth Circuit 2019-04-26 Denied Response WaivedIFP constitutional-violation fourth-amendment habeas-corpus ineffective-assistance-of-counsel ineffective-counsel miranda-rights probable-cause search-and-seizure sixth-circuit Whether the United States Court of Appeals for the Sixth Circuit decision to deny Mr. Carter's habeas corpus relief misconstrued meritorious unresolve…
18-8988 Airrington L. Sykes v. United States Eighth Circuit 2019-04-25 Denied Response RequestedResponse WaivedRelisted (2)IFP 2nd-amendment civil-rights concealed-carry due-process firearm-possession fourth-amendment law-enforcement reasonable-suspicion terry-stop Whether law enforcement can presume any concealed carry of a firearm is unlawful and conduct a Terry stop when the state statute does not criminalize …
18-1344 LaMarcus Thomas v. United States Fourth Circuit 2019-04-25 Denied circuit-split exclusionary-rule fourth-amendment good-faith-exception magistrate-review officer-reliance probable-cause warrant-application Whether a suppression court may consider (1) only information contained within the four corners of the warrant application, (2) only that information …
18-1327 Christian Vernon Sims v. Texas Texas 2019-04-19 Denied carpenter-v-united-states cell-site-location-information fourth-amendment privacy privacy-expectation standing surveillance-tracking third-party-doctrine warrant-requirement Does a person have a legitimate expectation of privacy in historic or real-time cellphone tracking data (CSLI) regardless of the duration of the track…
18-8921 Hector Tellez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-19 Denied IFP criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-time-period recent-precedence recent-precedent supremacy-clause supreme-court-precedent trial-counsel trial-outcome united-states-supreme-court What is a reasonable time period for trial counsel to be required to become aware of recent precedence before he/she may be deemed ineffective for fai…
18-8905 Anthony G. Bryant v. Army Corps of Engineers, et al. Fourth Circuit 2019-04-18 Denied Response WaivedIFP 10th-amendment 14th-amendment civil-rights due-process first-amendment sixth-amendment 10th-amendment 14th-amendment administrative-procedure asset-seizure civil-rights constitutional-rights due-process equal-protection first-amendment fourth-amendment Whether the Eighth Amendment's prohibition on excessive fines applies to asset seizures by state and local governments
18-1321 Edward Ronald Ates v. Gurbir Grewal, Attorney General of New Jersey, et al. Third Circuit 2019-04-18 Denied Response Waived 4th-amendment attorney-client-privilege civil-rights due-process federalism fourth-amendment interstate-communications jurisdictional-authority law-enforcement-surveillance out-of-state-interception phone-call-interception privacy state-jurisdiction wiretap-statute wiretapping Whether the New Jersey Wiretap Statute violates the Fourth Amendment by permitting law enforcement to intercept phone calls of out-of-state individual…
18-8849 Keith Andre Robinson v. H. White, et al. Fourth Circuit 2019-04-16 Denied IFP 4th-amendment civil-rights due-process exigent-circumstances fourth-amendment probable-cause qualified-immunity search-and-seizure standing warrantless-search Did the District Court err in finding that no exigent circumstances were present to justify the warrantless search and seizure of Petitioner's home an…
18-8823 Omer Al Obaidy v. Kevin K. McAleenan, Acting Secretary of Homeland Security, et al. Eighth Circuit 2019-04-15 Denied Response WaivedIFP 10th-amendment 4th-amendment 5th-amendment 6th-amendment civil-rights due-process false-arrest fifth-amendment fourth-amendment immigration immigration-removal self-incrimination sixth-amendment tenth-amendment unlawful-seizure Whether a long-term legal resident with no criminal record who was removed from the U.S. based on falsified records has due process rights
18-8785 Temarco Sartorio Pope, Jr. v. United States Eighth Circuit 2019-04-11 Denied Response RequestedResponse WaivedRelisted (2)IFP 2nd-amendment civil-rights concealed-carry criminal-procedure due-process fourth-amendment law-enforcement police-powers reasonable-suspicion terry-stop Whether law enforcement can presume any concealed carry of a firearm is unlawful and conduct a Terry stop when the state statute does not criminalize …
18-8783 Daniel R. Kendricks v. United States Eleventh Circuit 2019-04-10 Denied Response WaivedIFP arrest-warrant firearm fourth-amendment law-enforcement officer-safety plain-view search-and-seizure search-warrant Whether law enforcement, when searching a residence pursuant to an arrest warrant, can initiate a separate search into any firearm that it encounters,…
18-8784 DiAngelo Johnson v. United States Ninth Circuit 2019-04-10 Denied Response WaivedIFP 4th-amendment civil-rights criminal-justice due-process equal-protection fourth-amendment law-enforcement police-conduct pretextual-stops racial-profiling traffic-stops whren-v-united-states Should this Court overrule Whren?
18-8758 Lamonte Diondre Gaston v. United States Ninth Circuit 2019-04-09 Denied Response WaivedIFP 4th-amendment caretaking civil-procedure community-caretaking fourth-amendment impoundment inventory-search law-enforcement outstanding-fine warrant-requirement Whether the inventory-search exception to the Fourth Amendment's warrant requirement applies to a search of a vehicle that was impounded for the purpo…
18-8694 Bryan Gilbert Henderson v. United States Ninth Circuit 2019-04-04 Denied Response WaivedIFP exclusionary-rule fourth-amendment fourth-amendment-violation good-faith-exception law-enforcement search-warrant systemic-misconduct systemic-mistake united-states-v-leon Whether the good faith exception to the exclusionary rule of United States v. Leon, 468 U.S. 897 (1984) applies when law enforcement makes an obvious,…
18-8702 Vernon Carter v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2019-04-04 Denied IFP fifth-amendment fourth-amendment habeas-corpus illegal-traffic-stop ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress sixth-amendment Whether the Florida Supreme Court erred in affirming the denial of Carter's petition for writ of habeas corpus, where Carter raised sufficient allegat…
18-8665 Michael Benanti v. United States Sixth Circuit 2019-04-02 Denied Response WaivedIFP affidavit criminal-activity fed-evid-r-403 fed-evid-rule-403 fourth-amendment harmless-error nexus nexus-requirement place-to-be-searched search-warrant substantial-rights Whether the Fourth Amendment requires the affidavit supporting a search warrant to show a nexus between the criminal activity at issue and the place t…
18-8667 Donald James Anson v. United States Second Circuit 2019-04-02 Denied Response WaivedIFP appellate-review civil-procedure constitutional-rights digital-privacy dismissal due-process fourth-amendment opportunity-to-be-heard probable-cause search-and-seizure standing surveillance Does an appellate court err in dismissing an appeal because 'it lacks an arguable basis in law or fact' without first providing the petitioner an oppo…
18-8650 Ollisha Nicole Easley v. United States Tenth Circuit 2019-04-01 Denied Response WaivedIFP 4th-amendment civil-rights consensual-search due-process fourth-amendment interrogation probable-cause race racial-profiling reasonable-person reasonable-person-standard search search-and-seizure When examining the totality of the objective circumstances, is a bus passenger's race a factor in understanding how a reasonable person in her positio…
18-8600 Tony McLeod v. United States Ninth Circuit 2019-03-29 Denied Response WaivedIFP cell-phones circuit-split criminal-evidence digital-forensics expert-testimony federal-rules-of-evidence fourth-amendment internet-anonymity lay-testimony mens-rea rule-702 sixth-amendment statutory-interpretation Whether Cellebrite forensic data requires expert testimony
18-8631 Bekim Fiseku v. United States Second Circuit 2019-03-29 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights fourth-amendment handcuffing investigative-stop police-procedure probable-cause terry-stop terry-v-ohio unusual-circumstances Whether the Second Circuit disregarded its prior decisions and created precedent that undermines the rule that officers may not handcuff a suspect dur…
18-1252 Rev. Barry D. Bilder v. Rev. Beth Mathers, et al. Tenth Circuit 2019-03-29 Denied civil-rights dna dna-collection due-process fourth-amendment fourth-amendment-rights reasonableness right-to-counsel search-warrant seizure sixth-amendment Is a Search Warrant (for DNA) reasonable under the Fourth (4th) Amendment?
18-8593 Dontae Callen v. Alabama Alabama 2019-03-27 Denied IFP affidavit appellate-review criminal-procedure death-penalty fourth-amendment jury-unanimity probable-cause search-warrant separate-affidavit Where an affidavit does not support a finding of probable cause for the issuance of a search warrant, can a reviewing court consider information from …
18-1247 Robert Alan Ries v. Oregon Oregon 2019-03-26 Denied Response Waived affidavit blood-sample constitutional-rights criminal-procedure fourth-amendment particularity-requirement probable-cause search-and-seizure warrant-particularity Does a warrant commanding the police to seize a blood sample from a person with an entirely different name than the defendant violate the Fourth Amend…
18-1248 Neil C. Kienast and Braman B. Broy v. United States Seventh Circuit 2019-03-26 Denied Response Waived child-pornography circuit-split due-process exclusionary-rule fourth-amendment good-faith-exception law-enforcement privacy-interest probable-cause search-and-seizure suppression-doctrine suppression-of-evidence warrant warrant-validity Whether the good faith exception to the exclusionary rule applies to a warrant that should have never been issued, involving the government's reproduc…
18-8541 In Re Randy A. Jones 2019-03-25 Denied Response WaivedRelisted (2)IFP cell-site-simulator civil-rights criminal-procedure due-process fourth-amendment honeycutt-v-united-states legal-representation lis-pendens luis-v-united-states right-to-counsel takings warrantless-search Did the government violate this petitioner's rights, creating a flaw so grave that it rendered the proceedings unreliable?
18-8487 Kevin Neysmith v. Pennsylvania Pennsylvania 2019-03-22 Denied IFP 4th-amendment birchfield-precedent birchfield-v-north-dakota blood-alcohol blood-alcohol-content criminal-procedure evidence-admissibility fourth-amendment fruits-of-the-poisonous-tree o-connell-warnings o'connell-warnings search-warrant warrantless-search Whether the Fourth Amendment prohibits State judicial systems from admitting evidence of blood alcohol content obtained without a search warrant
18-8518 John Moses Burton v. United States Fourth Circuit 2019-03-22 Denied Response WaivedIFP 4th-amendment civil-procedure civil-rights constitutional-protections due-process fourth-amendment good-faith good-faith-exception judicial-interpretation legal-precedent magistrate-qualifications search-and-seizure search-warrant standing When and how should the courts be bound to the precedent set by the high Court's opinion?
18-8508 Charles Edward Cooper, Jr. v. United States Ninth Circuit 2019-03-21 Denied Response WaivedIFP curtilage evidence-suppression fourth-amendment gated-community home police-procedure privacy privacy-rights privacy-wall search-and-seizure warrant warrantless-entry Whether the Fourth Amendment's protection of the home and its curtilage extends to the entrance of a privately gated community, surrounded by an eight…
18-1230 Juan Zamudio v. United States Seventh Circuit 2019-03-21 Denied 4th-amendment circuit-split civil-rights criminal-procedure drug-trafficking due-process fourth-amendment nexus-requirement particularized-nexus probable-cause residence search-and-seizure search-warrant standing Whether a search warrant application that fails to provide any particularized nexus between an individual's alleged drug trafficking activity and the …
18-1219 Illinois v. Derrick Bonilla Illinois 2019-03-20 Denied Amici (1) apartment apartment-building apartment-search common-area dog-sniff drug-detection-dog exclusionary-rule florida-v-jardines fourth-amendment good-faith-exception probable-cause search search-and-seizure Whether a sniff by a drug-detection dog conducted in the common area of an apartment building is a Fourth Amendment search under Florida v. Jardines
18-8474 John Henneberry v. County of Alameda, California, et al. Ninth Circuit 2019-03-20 Denied Response WaivedIFP 4th-amendment 5th-amendment bench-warrant civil-procedure civil-rights criminal-procedure due-process fourth-amendment mail-fraud qualified-immunity rico-statute service-of-process When can a court allow faulty and fabricated service-by-mail of a criminal summons instead of personal service-by-sworn-officer?
18-8500 Nickey Ardd v. United States Sixth Circuit 2019-03-20 Denied Response WaivedIFP appellate-review civil-rights confidential-informant due-process entrapment fourth-amendment ineffective-assistance-of-counsel search-warrant sixth-amendment warrant-requirement Question not identified
18-8448 Edward Bishop v. United States Seventh Circuit 2019-03-18 Denied Response WaivedIFP 4th-amendment criminal-procedure digital-evidence digital-files dna-evidence evidence fourth-amendment particularity-requirement probable-cause search-warrant Does a search warrant which described the place to be searched and the things to be seized fail the particularity requirement of the Fourth Amendment?
18-8438 Abdul Cole v. Virginia Virginia 2019-03-15 Denied Response WaivedIFP 4th-amendment administrative-law civil-rights due-process fourth-amendment jurisdictional-standards procedural-due-process reasonable-suspicion search-and-seizure sexual-harassment strip-search title-ix university-liability Whether the strip search and visual body cavity search of Mr. Cole violated the Fourth Amendment's prohibition against unreasonable searches and seizu…
18-8411 Lecephrus Pierce v. United States Fourth Circuit 2019-03-14 Denied Response WaivedIFP conviction criminal-procedure fourth-amendment law-enforcement search-and-seizure supreme-court-precedent traffic-stop vehicle-search warrantless-search Whether the Fourth Circuit Court of Appeals abandoned established Supreme Court precedent in affirming the petitioner's conviction despite finding no …
18-1198 Westley A. Albright v. Tennessee Tennessee 2019-03-14 Denied Response RequestedResponse WaivedRelisted (2) criminal-defendant criminal-procedure diversion due-process fourteenth-amendment fourth-amendment nolo-contendere plea-bargaining sentencing Whether the Supreme Court of Tennessee erred when it held, as a matter of first impression, that due process rights under the Fourth and Fourteenth Am…
18-1201 Keith Preston Gartenlaub v. United States Ninth Circuit 2019-03-14 Denied Response Waived computer-search criminal-procedure due-process evidence-use-restrictions fisa fisa-warrant fourth-amendment franks-hearing general-warrant general-warrants legal-traditions national-security use-restrictions Whether a secret FISA-authorized computer search violates the Fourth Amendment's prohibition on general warrants, whether the Fourth Amendment imposes…
18-1188 Jeffrey A. Jacobi v. Wisconsin Wisconsin 2019-03-13 Denied Response Waived civil-procedure civil-rights criminal-procedure due-process evidence fourth-amendment intoxication intoxication-determination intoxication-inference law-enforcement law-enforcement-inference police-inference probable-cause reasonable-suspicion traffic-accident traffic-stop vehicle-collision Whether it is reasonable for police to infer that a driver was intoxicated at the time of a collision based solely on the fact that the driver was fou…
18-8388 Brian Wright v. United States Ninth Circuit 2019-03-12 Denied Response WaivedIFP cell-phone-tracking due-process fourth-amendment overbreadth search-and-seizure sentencing supervised-release tapia-error vagueness warrantless-search Did the Ninth Circuit err by finding that there was no 'egregious violation' of Mr. Wright's Fourth Amendment rights when Mr. Wright's cellular phone …
18-8402 Jesse Allen Dauenhauer, aka Jesse A. Dauenhauer v. United States Ninth Circuit 2019-03-12 Denied Response WaivedIFP 4th-amendment 4th-amendment,search-and-seizure,exclusionary-rule constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment search-and-seizure suppression-of-evidence washington-state-law Should the District Court have suppressed the evidence of firearms in the Defendant's car because the search and seizure was inadmissible under Washin…
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…
18-8377 Walter D. Booker v. T. Johnson, et al. Fourth Circuit 2019-03-11 Dismissed Response WaivedRelisted (2)IFP 42-usc-1983 civil-rights criminal-procedure fourth-amendment investigative-detention probable-cause qualified-immunity reasonable-suspicion section-1983 seizure Whether the officers had reasonable suspicion to seize Mr. Booker Shabazzallah?
18-1172 Tynisa Williams v. City of Cleveland, Ohio Sixth Circuit 2019-03-11 Denied civil-rights delousing detainee-rights due-process fourth-amendment penological-interests prison-policy privacy-rights reasonable-alternatives reasonable-search strip-search Whether the physical delousing and group strip searches of detainees entering the Cleveland Workhouse were constitutional under the Fourth Amendment, …
18-1173 I. B. and Jane Doe v. April Woodard, et al. Tenth Circuit 2019-03-11 Denied Amici (7) child-abuse child-protection circuit-split constitutional-rights fourth-amendment qualified-immunity strip-search warrant warrant-requirement Whether the Fourth Amendment requires a caseworker to obtain a warrant to strip-search a child
18-1176 Eric Wenzel, et al. v. Carl Storm Eighth Circuit 2019-03-11 Denied Response Waived anderson-v-liberty-lobby civil-rights dash-camera-evidence dash-camera-video excessive-force fourth-amendment lytle-v-bexar-county police-use-of-force qualified-immunity scott-v-harris seizure-intrusive seizure-standard summary-judgment unarmed-suspect Did the Eighth Circuit err in holding that Officer Storm was entitled to qualified immunity for the fatal shooting of Mr. Wenzel under the Fourth Amen…
18-1166 Colton W. Sievers v. Nebraska Nebraska 2019-03-08 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 4th-amendment-search-and-seizure constitutional-law criminal-procedure criminal-suspect fourth-amendment information-gathering police-investigative-stop police-powers police-stop reasonable-suspicion search-and-seizure terry-stop Whether Illinois v. Lidster allows the police to stop a criminal suspect without reasonable suspicion on the ground that the stop is merely 'informati…
18-8307 Dockery Cleveland v. United States Sixth Circuit 2019-03-08 Denied Response WaivedIFP 4th-amendment-search-and-seizure 6th-amendment-jury-trial appellate-review cell-phone cell-phone-search equal-protection fourth-amendment jury-selection ongoing-intrusion peremptory-challenge race-neutral-basis search-and-seizure suppression suppression-of-evidence time-limitation warrant warrant-limitation whether-defendant-must-renew-objection-to-perempto Whether the failure to extract information from a cell phone within the time limitation of a warrant requires suppression of the tardily obtained info…
18-8338 Anthony T. Jackson v. Illinois Illinois 2019-03-08 Denied IFP appellate-review constitutional-violations criminal-procedure due-process due-process,standing,criminal-procedure,evidence,p evidentiary-hearing fourth-amendment ineffective-assistance-of-counsel post-conviction wrongful-conviction Whether the Illinois state courts' refusal to allow a petitioner an evidentiary hearing on post-conviction claims despite the record containing facts …
18-8355 Mario Chester Tabron v. United States Fourth Circuit 2019-03-08 Denied Response WaivedIFP burglary burglary-element criminal-enhancement criminal-law criminal-procedure district-court due-process federal-jurisdiction fourth-amendment fourth-circuit sentencing sentencing-guidelines statutory-interpretation Did the Fourth Circuit and the Middle district Of North Carolina (Greensboro) err in affirming the USSG 2K2.1(b)(6)(B) | 4-Level enhancement without p…
18-1157 Edwin A. Vega v. Ohio Ohio 2019-03-07 Denied detention fourth-amendment law-enforcement probable-cause reasonable-suspicion rodriguez-v-united-states search-and-seizure united-states-v-ross usps vehicle-search Did the Ohio Supreme Court reverse Rodriguez v. United States and permit unlawful detention and search in violation of the Fourth Amendment?
18-8293 Rodolfo Rivero Garcia, Jr. v. United States Fifth Circuit 2019-03-05 Denied Response WaivedIFP 4th-amendment border-patrol border-search drug-interdiction drug-trafficking fourth-amendment reasonable-suspicion terry-stop traffic-stop vehicle-search vehicle-stop Whether the stop of Mr. Garcia's vehicle was supported by reasonable suspicion under the Fourth Amendment
18-8213 Hector Santillan v. United States Second Circuit 2019-03-04 Denied Response WaivedIFP 4th-amendment fourth-amendment minority-communities police-interrogation police-investigation prolonged-detention reasonable-suspicion reid-v-georgia rodriguez-standard rodriguez-v-united-states traffic-stop Whether an officer may prolong a traffic stop to investigate other matters
18-8259 Nickie Thomas Gray, Jr. v. United States Sixth Circuit 2019-03-04 Denied Response WaivedIFP buck-v-davis certificate-of-appealability civil-rights debatable-standard due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel jurist-of-reason law-enforcement sixth-amendment sixth-circuit Was the Sixth Circuit's denial of a certificate of appealability erroneous?
18-8177 Julia Augusta Constan Macri v. Illinois Illinois 2019-02-28 Denied Response WaivedIFP 4th-amendment circuit-split constitutional-rights criminal-procedure deviation fourth-amendment fourth-amendment-search-and-seizure illinois-v-caballes law-enforcement original-purpose reasonable-suspicion rodriguez-v-united-states traffic-stop Whether under the Fourth Amendment the reasonable articulable suspicion necessary to extend a traffic stop must be formed before the officer's deviati…
18-8185 Anthony Alexander Ferrari v. United States Fifth Circuit 2019-02-28 Denied Response WaivedIFP constitutional-overbreadth fourth-amendment liberty-deprivation overbreadth overbroad plain-error probation-officer statutory-reasonableness supervised-release vague vagueness Whether it is plain error to require as a condition of supervised release that a defendant permit a probation officer to visit the probation officer a…
18-8202 Walter Ronaldo Martinez Escobar v. United States Eighth Circuit 2019-02-28 Denied IFP circuit-split eighth-circuit exclusionary-rule fourth-amendment good-faith-exception leon-standard search-and-seizure supreme-court-precedent warrant-execution warrant-requirement warrantless-search Does the Eighth Circuit caselaw the Panel applied in Escobar's case holding that the United States v. Leon good-faith exception applies even when the …
18-1128 Curtis Minchuk v. Craig Strand Seventh Circuit 2019-02-28 Denied Response Waived circuit-split deadly-force deadly-force-justification excessive-force fourth-amendment police-use-of-force qualified-immunity self-defense totality-of-the-circumstances use-of-force Whether evidence of a dangerous and violent suspect's sudden and unexpected gesture of surrender immediately and objectively terminates the deadly thr…
18-1121 Captain James Linlor v. Michael Polson Fourth Circuit 2019-02-27 Denied 4th-amendment bivens bivens-action civil-rights excessive-force fourth-amendment police-powers qualified-immunity sexual-battery tsa tsa-screener tsa-screening Whether the attested-as-intentional excessive and unreasonable force striking of a cooperative passenger's genitals by a TSA screener not meeting mand…
18-8146 Jamie Geer v. Florida Florida 2019-02-27 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment interstate-police-action jurisdiction jurisdictional-violation minor-consent out-of-state-jurisdiction police-conduct wire-communication wiretap-act Whether the minors consent for the interception of wire communication is legally and constitutionally valid, when secured by police acting outside of …
18-8147 Jerry Allen Horn v. Kansas Kansas 2019-02-27 Denied Response WaivedIFP constitutional-rights county-of-riverside-v-mclaughlin due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment fourth-amendment gerstein-hearing investigative-delay res-judicata sixth-amendment state-habeas-corpus supremacy-clause warrantless-arrest Question not identified
18-1111 James J. Kaufman v. Scott Walker, et al. Wisconsin 2019-02-26 Denied Response RequestedResponse WaivedRelisted (2) civil-versus-punitive ex-post-facto fourth-amendment gps-monitoring judicial-review Lifetime-GPS-Monitoring Reasonable-Suspicion retroactive-application retroactive-law sex-offender sex-offenders Whether lifetime GPS monitoring of sex offenders based on decades-old convictions and the possibility of future crimes is reasonable under the Fourth …
18-1093 City of Joliet, Illinois, et al. v. Elijah Manuel Seventh Circuit 2019-02-22 Denied Amici (1)Relisted (2) 42-usc-1983 accrual accrual-rule civil-rights fourth-amendment judicial-procedure manuel-v-city-of-joliet pretrial-detention section-1983 Whether the Seventh Circuit erred in holding that a Fourth Amendment claim for unlawful post-process, pretrial detention brought pursuant to §1983 is …
18-8109 Robert Blake Adams v. Texas Texas 2019-02-22 Denied IFP 4th-amendment blood-draw criminal-procedure due-process exigent-circumstances fourth-amendment retroactive-application retroactivity texas-transportation-code warrant-requirement warrantless-search Should this court's holding in Missouri v. McNeely, 133 S. Ct. 1552 (2013), be applied retroactively to state cases?
18-8054 Michael Kenneth Young v. United States Fourth Circuit 2019-02-21 Denied Response WaivedIFP 4th-amendment crack-cocaine-seizure criminal-procedure criminal-procedure-joinder fair-trial firearm-seizure fourth-amendment joinder motion-to-suppress probable-cause search-and-seizure severance traffic-stop Did the Fourth Circuit Court of Appeals err in upholding the denial of Petitioner Michael Young's motion to sever his unrelated charges arising out of…
18-1084 Minnesota v. Mark Jerome Johnson Minnesota 2019-02-21 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) collateral-review constitutional-law criminal-procedure due-process dui fourth-amendment implied-consent retroactive-application retroactivity search-and-seizure warrant-requirement Retroactive application of Birchfield v. North Dakota rule on warrantless blood tests
18-8038 James Patrick Burke v. United States Fifth Circuit 2019-02-20 Denied Response WaivedRelisted (2)IFP child-pornography criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction network-investigative-technique rule-41 rule-41(b) Should evidence be suppressed under the 'exclusionary rule' when obtained from Network Investigative Tecnique (NIT) warrants that violated Rule 41(b) …
18-1078 James Dawson, et al. v. Joshua Brennan Sixth Circuit 2019-02-19 Denied Response RequestedResponse WaivedRelisted (9) 4th-amendment circuit-split curtilage fourth-amendment law-enforcement probation probation-condition probation-conditions search-and-seizure sixth-circuit Sixth Circuit misapplied Supreme Court precedent on Fourth Amendment curtilage, creating circuit split
18-1066 Tracy Chang and Howard Hsu v. United States Ninth Circuit 2019-02-14 Denied Response Waived criminal-defense criminal-procedure fourth-amendment good-faith good-faith-defense good-faith-reliance jury-instructions search-warrant standing tax-fraud Whether a court must instruct the jury on a criminal defendant's good-faith reliance on professional tax advice as a defense, the scope of discretion …
18-1068 Raja Mittal v. County of Clark, Nevada, et al. Ninth Circuit 2019-02-14 Denied and in the absence of exigent circumstances violate Fourth-and-Fourteenth-Amendment civil-procedure civil-rights due-process family-law fourteenth-amendment fourth-amendment juvenile-court parental-rights rooker-feldman-doctrine standing takings warrantless-removal Whether removal of a child from parent's custody without a judicial order or a warrant, and in the absence of exigent circumstances, violate Fourth an…
18-7962 Al-Rashid Muhammad Abdullah v. Plant City Police Department, et al. Eleventh Circuit 2019-02-14 Denied IFP 14th-amendment 1st-amendment 42-usc-1983 4th-amendment civil-procedure civil-rights constitutional-rights due-process fourteenth-amendment fourth-amendment liberty-rights property-rights section-1983 takings Whether the Due Process Clause requires an opportunity for a post-deprivation hearing for a property right/interest § 1983 claim
18-7965 Daniel Stewart v. United States Seventh Circuit 2019-02-14 Denied Response WaivedIFP civil-rights counsel-of-choice due-process fourth-amendment Fourth-Amendment-Claim Miranda-Rights probable-cause Right-to-Counsel rodriguez-v-united-states search-and-seizure standing Suspicionless-Surveillance warrantless-search Warrantless-Searches Whether the warrantless searches of petitioner's person and his motor vehicle were in clear violation of his Fourth Amendment rights
18-7981 Santos Peter Murillo, aka Peter Santos Murillo v. United States Ninth Circuit 2019-02-14 Denied Response WaivedIFP batson batson-hearing civil-rights discrimination first-amendment fourth-amendment jury-selection public-trial sixth-amendment standing triviality-exception warrantless-search Is there a 'triviality' exception to the First Amendment's and Sixth Amendment's public trial requirement, and, if so, was a hearing regarding Governm…
18-7982 Obelin Jaimes-Aviles v. Florida Florida 2019-02-14 Denied IFP 14th-amendment 4th-amendment 5th-amendment 6th-amendment civil-rights due-process exigent-circumstances fourth-amendment probable-cause search-and-seizure vehicle-search Whether the warrantless search and seizure of a person's vehicle and its contents violates the Fourth Amendment's protections against unreasonable sea…
18-1060 Michael A. Weiss, Individually and as Executor of the Estate of Jane L. Marsh, Deceased v. Stephen D. Marsh, as Executor of the Estate of Monroe F. Marsh, Deceased, et al. California 2019-02-13 Denied Relisted (2) civil-procedure civil-rights constitutional-clauses constitutional-standing due-process fourth-amendment fundamental-justice jurisdiction legal-principles material-change pre-trial-seizure standing statutory-basis takings unclean-hands Whether specified principles of fundamental justice, including unclean hands, constitutionally prohibited the court from affirming distribution of pro…
18-7914 Jay Maurice Tharps v. United States Fourth Circuit 2019-02-12 Denied Response WaivedIFP 4th-amendment anonymous-informant drug-trafficking fourth-amendment leon-exception leon-good-faith-exception partially-rotten-fruit probable-cause search-warrant totality-of-circumstances totality-of-the-circumstances Whether the Fourth Circuit erred in determining that probable cause existed
18-7882 Christopher M. Gates v. United States Ninth Circuit 2019-02-11 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment handcuffs investigative-detention officer-safety reasonable-suspicion terry-stop use-of-force Whether use of handcuffs is permissible during a mere investigative detention, or 'Terry stop,' where there is a risk to officer safety
18-7875 Lionel Cannon, aka Cannon v. United States Third Circuit 2019-02-08 Denied Response WaivedIFP carpenter-precedent carpenter-v-united-states criminal-procedure fourth-amendment franks-hearing law-enforcement search-and-seizure vehicle-search warrant-requirement warrantless-search wiretaps Was Cannon denied his Fourth Amendment rights?
18-7811 Ronald Bishop Thompson v. Noah Nagy, Warden Sixth Circuit 2019-02-07 Denied Response WaivedIFP cell-phone-testimony cell-site-location cell-site-location-information criminal-procedure fourth-amendment fourth-amendment-search ineffective-assistance ineffective-assistance-of-counsel search-and-seizure stored-communications-act warrant-requirement Did trial counsel perform ineffectively at Petitioner's second trial
18-1035 Keithrick Thomas v. Texas Texas 2019-02-07 Denied curtilage driveway plain-view-exception probable-cause search-and-seizure warrantless-search curtilage fourth-amendment plain-view-doctrine police-encounter probable-cause search-and-seizure standing vehicle-search warrantless-search Warrantless search of passenger's pockets in driveway violates Fourth Amendment
18-1024 Lenard Johnson v. Richard Winfrey, Jr. Fifth Circuit 2019-02-06 Denied 4th-amendment accrual-of-claim civil-rights false-statements fourth-amendment fourth-amendment-search-and-seizure franks-analysis franks-v-delaware law-enforcement-misconduct legal-accrual material-omission probable-cause qualified-immunity warrant-application Franks v. Delaware analysis of omitted information material to probable cause
18-7746 Joseph Davis v. United States First Circuit 2019-02-04 Denied Response WaivedIFP thereby rendering the use of evidence uncovered d constitutional-rights criminal-procedure evidence florida-v-wells fourth-amendment inventory-search probable-cause ruse search-and-seizure Whether errors in an inventory search report are indicative of a 'ruse' under Florida v. Wells, thereby rendering the use of evidence uncovered during…
18-7711 Christopher Fitzgerald v. United States Sixth Circuit 2019-02-01 Denied Response WaivedIFP 4th-amendment civil-rights due-process exclusionary-rule fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant united-states-v-leon warrant-affidavit Does the 'good faith' exception to the exclusionary rule apply to uphold a search
18-1006 Michael Kevin Adams v. Texas Texas 2019-02-01 Denied Response Waived 4th-amendment 5th-amendment 6th-amendment civil-rights community-caretaking criminal-procedure fourth-amendment impoundment interrogation law-enforcement minor-offense probable-cause search-and-seizure traffic-stop vehicle-impoundment vehicle-search Michael-Kevin-Adams
18-1007 Assem A. Abulkhair v. Google LLC, et al. Third Circuit 2019-02-01 Denied Response Waived abuse-of-discretion civil-procedure civil-rights due-process email-privacy federal-rules-of-civil-procedure fourth-amendment judicial-recusal law-enforcement-overreach privacy-rights recusal religious-discrimination search-and-seizure search-warrant standing Whether the District Judge has the authority to dismiss suit while his/her recusal remains pending and his/her disqualification and impartiality comes…
18-7619 Michael Scott Morris v. United States Tenth Circuit 2019-01-30 Denied Response WaivedIFP 4th-amendment 5th-amendment coercion consent criminal-procedure due-process fourth-amendment police-coercion probable-cause search-and-seizure voluntary-consent warrant-requirement Is consent to search a home freely and voluntarily given when police threaten arrest and jail if they are required to obtain a search warrant?
18-7683 Deandre Anderson v. Daniel Lesatz, Warden Sixth Circuit 2019-01-30 Denied IFP civil-procedure civil-rights constitutional-violations criminal-procedure due-process fourth-amendment miranda-rights new-evidence post-conviction-relief postconviction-relief probable-cause standing statute-of-limitations trial-errors wrongful-conviction Does the cases stated apply to this case?
18-7627 Tavis Labron Houpe v. United States Fourth Circuit 2019-01-29 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment fourth-amendment newly-discovered-evidence search-and-seizure standing Was the petitioner's Fourteenth(14th) Amendment ri Was the petitioner's Fourth(4th) Amendment rights violated due to a search and seizure?
18-7653 Lonzo Bonner v. Michigan Michigan 2019-01-29 Denied IFP brady-material due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel perjured-testimony probable-cause prosecutorial-misconduct Whether petitioner was deprived of his state and federal constitutional right to a fair trial and due process of law
18-985 BMP Family Limited Partnership, et al. v. United States Eleventh Circuit 2019-01-29 Denied Response Waived civil-rights due-process financial-records fourth-amendment internal-revenue-code katz-v-united-states neece-v-irs non-party-clients preemption privacy right-to-financial-privacy right-to-privacy standing summons-privacy tax-summons Whether the issuance of summonses under 26 U.S.C. § 7609 preempts the privacy rights of non-party clients
18-954 Cory Speelman v. Ohio Ohio 2019-01-25 Denied Response RequestedResponse WaivedRelisted (3) blood-draw fourth-amendment implied-consent search-and-seizure search-warrant unconscious unconscious-person warrant warrant-exception Should the Court revisit Birchfield v. North Dakota to resolve a split in the States: does the Fourth Amendment permit statutory 'implied consent' to …
18-7505 Demian Pina v. United States Sixth Circuit 2019-01-24 Denied Response WaivedRelisted (2)IFP confrontation-clause daubert due-process ecpa ecpa-violation electronic-surveillance evidence-admissibility fourth-amendment kyllo search-and-seizure speedy-trial Does the use of computer/internet surveillance technology violate the defendant's Fourth Amendment rights?
18-7530 Tonya Udoh, et vir v. Minnesota Department of Human Services, et al. Eighth Circuit 2019-01-23 Denied Relisted (2)IFP 14th-amendment 1983-claims 1985-claims 4th-amendment civil-procedure civil-rights constitutional-rights davis-v-monroe-county-board due-process emotional-distress false-arrest fourteenth-amendment fourth-amendment haines-v-kerner minor-children miranda-rights monell-liability municipal-liability parental-rights pro-se-litigant qualified-immunity search-and-seizure standing unconstitutional-statutes Whether pro se litigants are held to the same legal standards as counseled litigants
18-7534 Tylon Hudson v. Illinois Illinois 2019-01-23 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment parolee probable-cause reasonable-belief search-and-seizure warrant Does a Police officer who without reasonable belief that a parolee is inside his residence and repeatedly enters the parolee's unoccupied residence, i…
18-943 Fairfield County, Ohio, et al. v. Neil A. Morgan, II, et al. Sixth Circuit 2019-01-18 Denied civil-rights constitutional-procedure fourth-amendment knock-and-talk law-enforcement officer-safety perimeter-security search-and-seizure Whether the Fourth Amendment prohibits law enforcement officers from securing the perimeter of a residence, for officer safety, when conducting a lawf…
18-7465 Marshaun Boykin v. Illinois Illinois 2019-01-16 Denied IFP civil-procedure civil-rights due-process excessive-force police-misconduct qualified-immunity civil-rights due-process fourth-amendment property-rights search-and-seizure warrantless-search Whether the police violated the petitioner's Fourth Amendment rights by conducting a warrantless search and seizure of the petitioner's property
18-915 Gregory T. Christian v. K. A. Payne, et al. Fourth Circuit 2019-01-16 Denied Response Waived 4th-amendment audio-evidence coercion consent evidence-suppression fourth-amendment procedural-irregularities qualified-immunity search-and-seizure section-1983 suppression-of-evidence warrantless-search Whether producing identification without being requested justifies search for weapons several minutes later
18-924 Michael Antonio Bullock v. North Carolina North Carolina 2019-01-16 Denied Response Waived 4th-amendment civil-rights constitutional-limits due-process fourth-amendment mission-scope police-conduct police-investigation reasonable-duration rodriguez-v-united-states traffic-stop Whether any activities unrelated to the mission of a traffic stop inherently prolong it, and what activities fall within the mission of a stop?
18-900 Philip Zodhiates v. United States Second Circuit 2019-01-11 Denied Amici (4)Response Waived carpenter-v-united-states cell-site-location-information davis-v-united-states exclusionary-rule fourth-amendment fourth-amendment-search-and-seizure good-faith-exception international-parental-kidnapping probable-cause warrant-requirement Whether the good faith exception to the exclusionary rule allows use at trial of cell-site location information illegally seized by a prosecutor prior…
18-7315 James Gregory Armistead v. Jennie Bowen, et al. Fourth Circuit 2019-01-09 Denied IFP administrative-law civil-rights constitutional-rights contracts-clause criminal-procedure due-process equal-protection ex-post-facto fourth-amendment hearing-rights informal-hearing program-eligibility termination Whether the trial court and administrative agency denied petitioner due process and equal protection rights by terminating him from a program without …
18-7294 Sergio Antonio Zambrano v. United States Eleventh Circuit 2019-01-08 Denied Response WaivedIFP 4th-amendment fourth-amendment pat-down probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio warrantless-search warrantless-searches Whether a police officer may reach into an individual's pockets and remove objects during a Terry stop if the officer cannot determine through a pat-d…
18-7309 Kevin Balfour v. United States Sixth Circuit 2019-01-08 Denied Response WaivedIFP civil-rights constitutional-rights exclusionary-rule fourth-amendment home-invasion inevitable-discovery police-procedure protective-sweep search-and-seizure warrant-requirement warrantless-search Does the inevitable-discovery doctrine unlawfully and/or improperly expand the limits of the protective-sweep exception to the Fourth-Amendment right …
18-870 Ilyas V. Ibragimov v. Wisconsin Wisconsin 2019-01-08 Denied Response Waived fourth-amendment fourth-amendment-violation law-enforcement search-and-seizure seizure seizures unreasonable-search unreasonable-searches vehicle-stop warrantless-search Whether Petitioner's Fourth Amendment right to be free from unreasonable searches and seizures was violated when his vehicle was stopped by law enforc…
18-7248 Vertis Anthony v. Louis Boyd, Warden, et al. Eleventh Circuit 2019-01-07 Denied Response WaivedIFP appeals appellate-jurisdiction civil-procedure constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment judicial-bias jurisdiction probable-cause rules-of-civil-procedure standing subject-matter-jurisdiction warrantless-search Whether the U.S. Court of Appeals for the Eleventh Circuit erred in its rulings on the jurisdictional issues raised in the petition
18-7256 Amin De Castro v. United States Third Circuit 2019-01-07 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement-interaction police-encounter police-seizure probable-cause reasonable-person reasonable-person-standard seizure terry-stop whether a reasonable person would feel free to refuse a police officer's polite request to take his hands out of his pockets
18-863 Tralvis Edmond v. United States Seventh Circuit 2019-01-07 Denied Response Waived 4th-amendment confidential-informant criminal-activity criminal-procedure due-process fourth-amendment probable-cause search-warrant temporal-evidence Whether a complaint for search warrant that is silent as to the date on which alleged criminal activity occurred and recounts only a single drug purch…
18-7214 Waymon Scott McLaughlin v. United States Fifth Circuit 2019-01-03 Denied Response WaivedIFP arrestee-access arrestee-rights fourth-amendment law-enforcement-procedure probable-cause search-incident-to-arrest unreasonable-search vehicle-search warrant-requirement warrantless-search Whether the Fourth Amendment permits officers to search objects carried by an arrestee without a warrant even after they have eliminated any realistic…
18-831 Michael Presley, et al. v. United States Eleventh Circuit 2019-01-03 Denied 4th-amendment civil-rights due-process financial-privacy financial-records fourth-amendment internal-revenue-code irs-investigation preemption right-to-financial-privacy-act right-to-privacy tax-summons third-party-summons Whether the court below erroneously held that the issuance of summonses under 26 U.S.C. § 7609 preempts the privacy rights of non-party clients
18-7205 In Re Arthur O. Armstrong 2019-01-02 Dismissed Response WaivedIFP civil-procedure civil-procedure-rule-60 due-process fourteenth-amendment fourth-amendment liberty liberty-interest property rule-60 standing Whether Petitioner is entitled to relief, pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure
18-7184 Antione Chambers, aka Sealed Defendant 1, aka Twizzie v. United States Second Circuit 2018-12-27 Denied Response WaivedIFP 4th-amendment carpenter-v-united-states cell-site-data civil-rights exclusionary-rule fourth-amendment good-faith-exception search-and-seizure stored-communications-act warrantless-search Whether the good faith exception to the Fourth Amendment exclusionary rule applies
18-7187 Willis Wheeler v. United States Third Circuit 2018-12-27 GVR Relisted (4)IFP circuit-split curtilage exigent-circumstances fourth-amendment key-insertion privacy reasonable-expectation-of-privacy search warrantless-search Whether a law enforcement officer's warrantless insertion of keys into a locked apartment door, within a secured multi-unit dwelling, to gain informat…
18-7163 Kent Mayfield, et ux. v. Harvey County Sheriff's Department, et al. Tenth Circuit 2018-12-21 Denied Response WaivedIFP 2nd-amendment 4th-amendment civil-rights dog-seizure due-process fourth-amendment law-enforcement personal-property pet-dog property-rights qualified-immunity search-and-seizure warrantless-search Did the defendants violate the plaintiffs' Fourth Amendment rights?
18-806 Jodi C. Hohman, et al. v. United States, et al. Sixth Circuit 2018-12-21 Denied Response Waived civil-procedure federal-court financial-privacy-act fourth-amendment john-doe-summons jurisdictional-discovery limited-liability-company right-to-financial-privacy-act sovereign-immunity Whether limited liability companies are 'persons' under the Right to Financial Privacy Act
18-7156 Antonez Terril Johnson v. United States Eleventh Circuit 2018-12-20 Denied Response WaivedIFP arrest federal-circuit-split fourth-amendment investigative-detention investigatory-stop investigatory-stops pedestrian-stop probable-cause reasonableness-standard scope-and-duration terry-stop terry-v-ohio Whether pedestrian Terry stops based on probable cause do or do not equate to arrest
18-7095 Miguel Robinson v. United States Sixth Circuit 2018-12-19 Denied Response WaivedIFP 4th-amendment circumstances circumstantial-evidence criminal-procedure drug-trafficking due-process fourth-amendment probable-cause reasonable-search rigid-legal-rules rule-of-law search search-and-seizure search-warrant Did the Court of Appeals violate the principle that rigid legal rules are ill-suited to an analysis of probable cause by relying on a rule to find a m…
18-7124 Ruben Geovanni Hernandez v. Texas Texas 2018-12-19 Denied IFP 4th-amendment civil-rights criminal-procedure due-process fishing-expedition fourth-amendment law-enforcement reasonable-suspicion scope-of-detention search-and-seizure traffic-stop vehicle-search Does the Fourth Amendment protect against a 'fishing expedition' to develop 'reasonable suspicion' to exceed the scope of an initial stop in order to …
18-7129 Brennan Christian, aka Twin, aka Trey v. United States Fourth Circuit 2018-12-19 Denied Response WaivedIFP carpenter-precedent carpenter-v-united-states cell-phone-records cell-site-records circuit-split constitutional-rights district-court-discretion fourth-amendment fourth-circuit pro-se-petition stare-decisis Has the Fourth Circuit Court of Appeals misapplied this Court's ruling in Carpenter v. United States regarding cell phone records being Constitutional…
18-775 Andrew Chien v. LeClairRyan, et al. Fourth Circuit 2018-12-19 Denied Response Waived administrative-error civil-rights collateral-estoppel color-of-state-act due-process false-imprisonment fourth-amendment qualified-immunity res-judicata subject-matter-jurisdiction territorial-jurisdiction Whether the order is void due to administrative error and lack of jurisdiction
18-7043 Coleman Tuton v. United States Eighth Circuit 2018-12-14 Denied Response WaivedIFP 4th-amendment attenuation-doctrine commercial-passenger-bus drug-detection-canine fourth-amendment independent-source-doctrine luggage probable-cause search-and-seizure warrantless-search Does the general alert of a drug-detection canine to the luggage compartment of a commercial passenger bus—but not to any particular piece of luggage …
18-7053 Kevin Scott Varner v. John Christiansen, Warden Sixth Circuit 2018-12-14 Denied IFP 4th-amendment civil-rights constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment habeas-corpus state-court state-court-litigation state-court-review stone-v-powell What constitutes an opportunity for full and fair litigation of a Fourth Amendment claim in state court?
18-764 Oscar Henry Steinmetz v. United States Eighth Circuit 2018-12-14 Denied Response Waived 4th-amendment civil-rights consent consent-search constitutional-rights criminal-procedure due-process fourth-amendment law-enforcement probable-cause search-and-seizure Does the law regarding searches, seizures, and consent need clarification for proper guidance and application?
18-7023 Webster Douglas Williams, III v. United States Fourth Circuit 2018-12-13 Denied Response WaivedIFP constitutional-violation due-process effective-assistance-of-counsel eighth-amendment-cruel-and-unusual-punishment equal-protection exclusionary-rule forced-entry fourth-amendment restitution ruse search-and-seizure sixth-amendment-right-to-counsel third-party When police officers attempt to gain voluntary admittance to a residence by use of a ruse, which fails, and are peacably asked to present a search war…
18-746 County of Los Angeles, California, et al. v. Angel Mendez, et al. Ninth Circuit 2018-12-12 Denied 42-usc-1983 4th-amendment causation circuit-review civil-rights clearly-erroneous fourth-amendment intervening-event proximate-causation proximate-cause reasonable-force remand search-warrant section-1983 standard-of-review use-of-force warrantless-search Whether a plaintiff's injuries resulting from a police officer's use of force may be proximately caused by the officer's failure to secure a search wa…
18-6986 Nathan Lynn Cloud v. United States Ninth Circuit 2018-12-11 Denied Response WaivedIFP criminal-procedure exclusionary-rule fourth-amendment intergovernmental-agreements law-enforcement law-enforcement-agreements nevada-v-hicks service-of-process tribal-sovereignty Does the tribal criminal defendant have Fourth Amendment rights when state law enforcement violates an agreement with the tribe regarding criminal ser…
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…
18-6951 Jamal Cooper v. United States Sixth Circuit 2018-12-07 Denied Response WaivedIFP 18-usc-2518 4th-amendment congressional-intent consent-requirements criminal-procedure exclusionary-rule fourth-amendment franks-v-delaware necessity-requirement omnibus-crime-control-act probable-cause separate-application statutory-interpretation wiretap-application wiretap-necessity wiretap-statute Is 18 U.S.C. § 2518 (1) (ce) a statutory provision that reflects Congress' core concerns and does § 2518 (1)(c) require that each request for a wireta…
18-6963 Muhammed Tariq Camran v. United States Ninth Circuit 2018-12-07 Denied Response WaivedIFP 11th-circuit 11th-circuit-split 4th-amendment 4th-circuit 4th-circuit-split circuit-split drug-corridor fourth-amendment law-enforcement reasonable-suspicion rental-vehicle search-and-seizure traffic-stop vehicle-rental Should this court resolve the split between the Fourth and Eleventh Circuit about the probity of the fact that a vehicle is a rental in the reasonable…
18-6903 Curtis McLaurin v. New York New York 2018-12-04 Denied Response WaivedIFP appellate-review constitutional-law due-process federal-law fourth-amendment groh-v-ramirez habeas-corpus incorporated-application new-york-state-appellate-court search-warrant stone-v-powell Whether the New York State appellate court's holding that a defective search warrant can be cured by an incorporated search warrant application
18-6908 Livingston Manners v. Ronald Cannella, et al. Eleventh Circuit 2018-12-04 Denied IFP 42-U.S.C.-1983 Excessive-Force fleeing-and-eluding fourth-amendment Fourth-Amendment-Violation probable-cause qualified-immunity reasonable-suspicion traffic-stop Is there a violation of the fourth amendment where the arrest of a civilian stems from an illegal traffic stop
18-6918 Samantha Christine Velazquez v. United States Ninth Circuit 2018-12-04 Denied Response WaivedIFP 4th-amendment border-search cell-phone-privacy cell-phone-search civil-rights due-process fourth-amendment probable-cause riley-precedent riley-v-california search-and-seizure warrantless-search Whether a warrantless, post-arrest cell-phone-search is permissible under the Fourth-Amendment at the United-States-border
18-6905 Thomas Thadeus Szczerba v. United States Eighth Circuit 2018-12-03 Denied IFP affidavit-incorporation criminal-procedure exclusionary-rule fourth-amendment good-faith-exception incorporation-of-affidavit search-and-seizure warrant-incorporation warrant-particularity warrant-particularization Does the Leon 'good-faith exception' to the exclusionary rule apply when a warrant fails to particularize the 'things to be seized' and fails to conta…
18-6866 Thomas Edward Sperber v. Pennsylvania Pennsylvania 2018-11-28 Denied IFP 4th-amendment cellular-phone civil-rights digital-privacy fourth-amendment privacy probable-cause search-and-seizure warrant-requirement warrantless-search Does the act of accessing any information from a cellular phone without a warrant contravene the Supreme Court's decision in Riley v. California and U…
18-693 Steven Crain v. Nevada, et al. Ninth Circuit 2018-11-28 Denied Response Waived civil-rights constitutional-rights due-process fourth-amendment legal-process malicious-prosecution unreasonable-seizure Does an individual's Fourth Amendment right to be free from unreasonable seizure continue beyond legal process so as to allow a malicious prosecution …
18-6810 Timothy Hickman-Smith v. United States Eighth Circuit 2018-11-26 Denied Response WaivedIFP colorado-v-bertine criminal-procedure due-process fourth-amendment fourth-amendment-violation ineffective-assistance ineffective-assistance-of-counsel inventory-search search-and-seizure south-dakota-v-opperman vehicle-search Did inventory search violate this Court's decisions in South Dakota v. Opperman and Colorado v. Bertine, as well as the Fourth Amendment to the Consti…
18-6820 Robert Paul Langley, Jr. v. Jeff Premo, Superintendent, Oregon State Penitentiary Oregon 2018-11-26 Denied Response WaivedIFP fourth-amendment fourth-amendment-violation ineffective-assistance ineffective-assistance-of-counsel judicial-authorization particularity particularity-requirement search-warrant seizure sixth-amendment Does the Fourth Amendment require that a search warrant particularly describe the things to be seized?
18-672 City of Newport Beach, California, et al. v. Richard Vos, et al. Ninth Circuit 2018-11-23 Denied Amici (1)Response RequestedResponse WaivedRelisted (6) ada-title-ii americans-with-disabilities-act fourth-amendment law-enforcement mental-illness totality-of-the-circumstances use-of-force Does Title II of the Americans with Disabilities Act require law enforcement officers to provide accommodations to an armed, violent, and mentally ill…
18-6775 Edward Joseph Kehoe v. United States Fourth Circuit 2018-11-21 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment harmless-error impartial-judge judicial-error racial-bias racial-discrimination reasonable-suspicion search-and-seizure structural-error warrantless-search Whether the clearly improper use of a person's race by a judge to support a finding of reasonable suspicion justifying a warrantless search and seizur…
18-667 Lonnie Charles Williams, III v. Texas Texas 2018-11-21 Denied Response Waived driving-while-intoxicated drug-detection fourth-amendment intoxication-signs law-enforcement odor-of-alcohol probable-cause reasonable-suspicion search-and-seizure traffic-stop Whether reasonable suspicion under the Fourth Amendment can exist in a driving while intoxicated context when officers do not detect the odor of alcoh…
18-643 Janette Dunkle v. Jennifer Dale, et al. Ninth Circuit 2018-11-19 Denied Response Waived 14th-amendment 4th-amendment child-seizure circuit-court-precedent circuit-split civil-rights clearly-established constitutional-rights due-process fourteenth-amendment fourth-amendment qualified-immunity warrantless-seizure Whether the Ninth Circuit erred in applying the narrow approach from Kirkpatrick, and whether Circuit-level opinions stating that an emergency is requ…
18-6715 Cortney John Edstrom v. Minnesota Minnesota 2018-11-19 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment apartment-dwellers apartment-search circuit-split civil-procedure civil-rights curtilage drug-detection-dog drug-detection-dogs due-process first-amendment fourth-amendment free-speech reasonable-expectation-of-privacy standing Whether the lower court erred in dismissing petitioner's claims for violation of their First Amendment rights
18-6734 Henry Franklin Reddick v. United States Fifth Circuit 2018-11-19 Denied IFP 4th-amendment child-pornography civil-rights digital-privacy digital-search fourth-amendment hash-value private-search private-search-doctrine search-and-seizure warrant-requirement Does a police officer violate the Fourth Amendment by opening a digital file and viewing an image in it without a warrant to confirm a private company…
18-619 Gamada A. Hussein v. Matthew G. Whitaker, Acting Attorney General, et al. Eighth Circuit 2018-11-14 Denied Response Waived bodily-integrity civil-rights dna-testing due-process faith-based-discrimination false-imprisonment fourth-amendment fourth-amendment,false-imprisonment,due-process,wa sovereign-immunity surveillance warrantless-monitoring Whether implanting chips in Petitioner's body and monitoring the Petitioner and Petitioner's family life activities for a decade without warrant and d…
18-623 Katrina Walker v. Carl Weatherspoon, et al. Seventh Circuit 2018-11-14 Denied Response Waived 42-usc-1983 civil-rights due-process fourth-amendment illinois-v-gates informant informant-tip probable-cause qualified-immunity search-warrant section-1983 seventh-circuit May a police officer, who secures a search warrant on the uncorroborated tip of a first-time informant by withholding from the issuing judge facts tha…
18-6664 Daniel David Garza v. United States Fifth Circuit 2018-11-14 Denied Response WaivedIFP 4th-amendment exclusionary-rule fourth-amendment law-enforcement motion-to-suppress probable-cause reasonable-suspicion search-and-seizure traffic-stop Whether the lower courts erred in denying Mr. Garza's Motion to Suppress based on the erroneous finding that the officer had reasonable suspicion to i…
18-6702 Brandon Gale Combs v. United States Fourth Circuit 2018-11-14 Denied IFP 4th-amendment appellate-review civil-rights due-process exclusionary-rule fourth-amendment good-faith-exception leon-doctrine probable-cause search-and-seizure search-warrant warrant-requirement Whether it is unconstitutional to allow appellate courts to review information known to police, but unknown to the neutral and detached magistrate at …
18-591 Gary Dressler v. Bradford Rice, et al. Sixth Circuit 2018-11-06 Denied Response Waived 2nd-amendment civil-rights conspiracy fourth-amendment open-carry probable-cause qualified-immunity second-amendment Is an individual's Second Amendment right to bear arms violated?
18-6587 David James Matthew v. United States Ninth Circuit 2018-11-06 Denied Response WaivedIFP anticipatory-warrant conditional-warrant florida-v-jardines fourth-amendment knock-and-announce probable-cause search-and-seizure search-warrant united-states-v-grubbs warrantless-entry Whether agent Waldo's initial warrantless entry into the enclosed 'screened front patio' of Matthew's residence violated the Fourth Amendment
18-576 Robert H. Wright, Jr. v. Jerald Watson, et al. Eleventh Circuit 2018-11-02 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-forfeiture civil-procedure civil-rights constitutional-rights due-process fourth-amendment malicious-prosecution police-misconduct probable-cause standing Is a malicious prosecution claim under the Fourth Amendment and Manuel v. City of Joliet the proper civil remedy for an 'overcharge' prosecution?
18-6540 Maha Z. Rayan v. Georgia Georgia 2018-11-02 Denied Response WaivedRelisted (2)IFP arrest contempt contempt-order criminal-procedure due-process fourteenth-amendment fourth-amendment judicial-appointment municipal-court-jurisdiction municipal-courts probable-cause state-penal-law uniform-traffic-citation Whether the use of a municipal traffic citation as an initial accusation for a state penal law non-traffic offense is constitutional
18-6505 Brian Powell v. United States First Circuit 2018-11-01 Denied Response WaivedIFP 4th-amendment appellate-review district-court first-circuit fourth-amendment fourth-amendment,private-search-doctrine,united-st motion-to-suppress private-search-doctrine search-and-seizure united-states-v-jacobsen Whether the First Circuit erred when it relied upon the private search doctrine as delineated by this Court in United States v. Jacobsen, 466 U.S. 109…
18-6512 Jabril Jones v. United States Sixth Circuit 2018-11-01 Denied Response WaivedIFP 4th-amendment appeals cell-phone-privacy civil-procedure civil-rights due-process exclusionary-rule false-imprisonment Fourth-Amendment jurisdiction jury-trial probable-cause search-incident-to-arrest sentencing standing warrantless-search Whether petitioners were arrested without probable cause
18-6496 John Thomas v. United States Seventh Circuit 2018-10-30 Denied Response WaivedIFP appellate-argument appellate-procedure appellate-review carpenter-v-united-states cell-phone-location cell-phone-location-data cell-phone-tracking constitutional-rights conviction-affirmance conviction-affirmation fourth-amendment search-and-seizure warrantless-search Whether the opinion of the Seventh Circuit Court of Appeals, which failed to address Thomas's appellate argument that his Fourth Amendment rights were…
18-6499 Dominique Johnson v. United States Third Circuit 2018-10-30 Denied Response WaivedIFP 10th-amendment 4th-amendment civil-rights double-jeopardy due-process federal-agents federal-government fourth-amendment home-arrest standing tenth-amendment warrantless-search Whether an individual can challenge a warrantless arrest inside a home by federal government agents under the 4th Amendment
18-556 Kansas v. Charles Glover Kansas 2018-10-29 Judgment Issued Amici (10)Response RequestedResponse WaivedRelisted (3) 4th-amendment fourth-amendment habitual-violator investigative-stop law-enforcement reasonable-suspicion registered-owner traffic-law traffic-laws vehicle-registration vehicle-stop Whether an officer may reasonably suspect the registered owner of a vehicle is driving the vehicle absent information to the contrary
18-6484 Markus Davis v. United States Fourth Circuit 2018-10-29 Denied Response WaivedIFP civil-rights fourth-amendment pat-down police-procedure prior-incidents reasonable-suspicion search-and-seizure traffic-stop Whether factors based largely on prior incidents, some years old, can provide a police officer with the reasonable suspicion the Fourth Amendment requ…
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
18-6432 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…
18-531 Terry Lee Coffman v. Iowa Iowa 2018-10-24 Denied Response Waived cady-v-dombrowski cady-v-drombrowski community-caretaking constitutional-law exigent-circumstances fourth-amendment immediate-need objective-facts police-assistance probable-cause reasonable-suspicion search-and-seizure warrant-requirement warrantless-seizure Whether the Court's holding in Cady v. Dombrowski permits a warrantless seizure under the Fourth Amendment without objective facts establishing an imm…
18-6417 Derrick Wilson v. United States Second Circuit 2018-10-24 Denied Response WaivedIFP faretta-v-california faretta-waiver Fifth-Amendment-due-process Fourth-Amendment Franks-v-Delaware johnson-v-zerbst pro-se-representation right-to-counsel sixth-amendment sixth-amendment-right United-States-v-Giordano voluntariness waiver wiretap-application When trial counsel informs the court that he is not prepared for trial and the court's Faretta colloquy does not inquire into the voluntariness of Pet…
18-6422 Larry Norton v. United States Seventh Circuit 2018-10-24 Denied Response WaivedIFP constitutional-rights exclusionary-rule fourth-amendment mistake-of-law perjury police-misconduct pretext pretextual-stop search search-and-seizure traffic-stop Does a mistake of law by police in the stopping of a vehicle render the subsequent search violative of the Fourth Amendment?
18-6399 Marcos Perez-Trevino v. United States Eighth Circuit 2018-10-23 Denied Response WaivedIFP berger-v-united-states circuit-split closed-container closed-containers conspiracy drug-conspiracy due-process fifth-amendment fifth-amendment-due-process florida-v-wells fourth-amendment fourth-amendment-search-and-seizure indictment inventory-search law-enforcement-policy material-variance probable-cause shared-interest Whether a material variance exists where the gover written-policy Whether the officer conducted a valid inventory search of a closed container without a written policy governing such searches
18-6412 Jaiyanah Bey v. Elmwood Place Police Department, et al. Sixth Circuit 2018-10-23 Denied Response WaivedIFP 4th-amendment 4th-amendment-search-and-seizure administrative-search civil-rights commercial-activity constitutional-rights due-process fourth-amendment law-enforcement probable-cause search-and-seizure standing traffic-stop Can a police randomly stop and force you off the road to randomly inspect your private property without probable cause to impose a program on people t…
18-511 Austin Gates v. Hassan Khokhar, et al. Eleventh Circuit 2018-10-18 Denied arrest-standard civil-rights due-process first-amendment fourth-amendment free-speech probable-cause qualified-immunity standing state-law supreme-court Whether a court, in determining whether arguable probable cause exists to arrest for a state-law crime, must consider any narrowing decisions by the s…
18-491 Cameron Heath Ray v. Oklahoma Oklahoma 2018-10-17 Denied appellate-division circuit-split criminal-evidence criminal-procedure evidence fourth-amendment immediate-mobility law-enforcement mobility probable-cause search-and-seizure vehicle-search vehicle-seizure Whether it violates the Fourth Amendment to characterize a criminal suspect's car as evidence of a crime when the car is not used in the crime at issu…
18-474 LeFloris Lyon v. Canadian National Railway Company, et al. Seventh Circuit 2018-10-15 Denied Response WaivedRelisted (2) bivens bivens-action civil-rights first-amendment fourth-amendment probable-cause retaliatory-prosecution seventh-circuit-conflict Whether retaliatory prosecution in violation of the First Amendment and Fourth Amendment is actionable under Bivens when the arrest warrants and prose…
18-478 Brian Edward Malnes v. City of Flagstaff, Arizona, et al. Ninth Circuit 2018-10-15 Denied Response WaivedRelisted (2) constitutional-vagueness fourth-amendment harassment harassment-statute law-enforcement overbreadth probable-cause search-and-seizure unreasonable-search-and-seizure vagueness Whether law enforcement officials had probable cause to arrest the Petitioner for the crime of harassment under Ariz. Rev. Stat. § 13-2921(A)(1) based…
18-6297 Jorge Robles-Avalos v. United States Fifth Circuit 2018-10-15 Denied Response WaivedIFP 4th-amendment border-patrol fourth-amendment motion-to-suppress probable-cause reasonable-suspicion search-and-seizure totality-of-the-circumstances vehicle-stop Must a court consider a Border Patrol agent's admission to routinely stopping vehicles without reasonable suspicion as part of the totality of the cir…
18-6318 Jeffrey Allen Ware v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-10-15 Denied IFP 4th-amendment constitutional-violation exclusionary-rule fourth-amendment police-misconduct search-and-seizure warrant-requirement warrantless-search Is the exclusionary rule properly limited solely to the purpose of deterring police misconduct or can/should it be used to enforce a clear constitutio…
18-6290 Damon John White Bird Solgado v. Colby Braun, Warden Eighth Circuit 2018-10-12 Rehearing IFP 4th-amendment compulsory-process constitutional-rights due-process effective-assistance-of-counsel exigent-circumstances fourth-amendment insufficient-evidence privacy search-and-seizure Whether violation of Petitioner's 4th Amendment Constitutional rights occurred when Police illegally searched and seized Petitioner's files and record…
18-6310 LeShawn Lawson v. United States Ninth Circuit 2018-10-12 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment civil-rights drug-activity due-process fourth-amendment investigative-questioning pretextual-stop prolonged-detention reasonable-suspicion rodriguez-rule rodriguez-v-united-states traffic-stop Whether five minutes of drug-related investigative questioning of a driver at the beginning of an admittedly pretextual traffic stop violates the rule…
18-6296 Alexander Robert Jacome v. California California 2018-10-11 Denied IFP 14th-amendment 9th-amendment civil-rights constitutional-law Constitutional-Rights due-process first-amendment fourteenth-amendment Fourth-Amendment free-speech ninth-amendment Parole-Conditions Will this Court reverse the lower Courts substantial violations of the Fourteenth Amendment's substantive Due Process clause, or allow the unprecedent…
18-6268 Roger King v. Terence Kilpatrick, Warden Eleventh Circuit 2018-10-10 Denied Response WaivedIFP access-to-court access-to-courts civil-procedure civil-rights clerk-interference constitutional-rights discretionary-review due-process fourth-amendment fraud misrepresentation probable-cause procedural-error search-and-seizure Whether the Georgia Supreme Court erred in dismissing the Petitioner's application for certificate of probable cause because the Petitioner did not fi…
18-6243 Christopher Jackson v. Florida Florida 2018-10-09 Denied IFP civil-procedure constitutional-violation exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-evidence indirect-evidence probable-cause search-and-seizure standing wong-sun Whether secondary evidence discovered as a result of an illegal search and seizure can constitute proof against the victim of search, and does exclusi…
18-437 Dmitri I. Medvedev v. Henrico County Virginia 2018-10-05 Denied 4th-amendment civil-rights driver's-license due-process dui fourth-amendment probable-cause reasonable-suspicion seizure terry-stop terry-v-ohio When the officer took and retained Petitioner's license, did it constitute a seizure for Fourth Amendment purposes where reasonable suspicion did not …
18-6216 Musonda Mulenga v. United States District of Columbia 2018-10-05 Denied Response WaivedIFP carpenter-v-united-states criminal-conviction criminal-procedure district-court-procedure district-of-columbia due-process fourth-amendment harmless-error judicial-precedent legal-conflict second-degree-murder superior-court supreme-court-review Whether the opinion from the District of Columbia Court of Appeals is in conflict with opinion of this Court in Carpenter v. United States, 136 S.Ct. …
18-6210 Gerald P. Mitchell v. Wisconsin Wisconsin 2018-10-04 Judgment Issued Amici (11)Relisted (2)IFP blood-draw exigent-circumstances fourth-amendment implied-consent motorist-rights search-and-seizure unconscious-motorist warrant-requirement warrantless-search Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement
18-6225 Scott Mitchell Bummer v. United States Ninth Circuit 2018-10-04 Denied Response WaivedIFP 14th-amendment 5th-amendment civil-procedure due-process equal-protection standing civil-rights constitutional-rights due-process fourth-amendment hearing-absence indefinite-retention motion-to-suppress personal-property telephonic-conference unreasonable-search-and-seizure warrantless-seizure Whether the government's warrantless seizure and indefinite retention of a person's personal property violates the Fourth Amendment's prohibition on u…
18-430 Rashaud Jones v. United States Second Circuit 2018-10-03 Denied Response Waived 4th-amendment automobile-exception curtilage fourth-amendment multi-family-dwelling multi-family-homes privacy privacy-expectation search-and-seizure warrant-requirement Whether dwellers in multi-family homes have a legitimate expectation of privacy in the curtilage of their home that would be regarded as curtilage und…
18-6179 Mario Govan Emmanuel v. Territory of the Virgin Islands Virgin Islands 2018-10-02 Denied IFP 4th-amendment bolo-flyer collective-knowledge collective-knowledge-doctrine fellow-officer-doctrine fourth-amendment officer-discretion reasonable-suspicion stop-and-frisk terry-stop terry-v-ohio united-states-v-hensley whiteley-v-warden Does the collective knowledge or fellow officer doctrine eliminate the need for the BOLO-flyer to articulate facts supporting a reasonable suspicion t…
18-407 Matthew John Stickle v. Virginia Virginia 2018-10-01 Denied Response Waived constitutional-rights criminal-procedure curtilage due-process fourteenth-amendment fourth-amendment fourth-amendment,fourteenth-amendment,search-and-s ip-address search-and-seizure threshold warrantless-search Was the evidence in this case unlawfully obtained as a result of an unlawful search and seizure in violation of the Fourth and Fourteenth Amendments?
18-6163 Randy A. Jones v. United States Eighth Circuit 2018-10-01 Denied Response WaivedRelisted (2)IFP 28-usc-2255 cell-site-simulator electronic-surveillance fourth-amendment pen-register search-and-seizure surveillance-log unreasonable-search unreasonable-search-and-seizure Did the Eighth Circuit Court Of Appeals fail to preserve the petitioner's Fourth Amendment right?
18-396 Brittan Holland, et al. v. Kelly Rosen, et al. Third Circuit 2018-09-28 Denied Amici (2)Response Waived bail bail-reform-act criminal-procedure due-process eighth-amendment fourth-amendment monetary-bail new-jersey pretrial-detention pretrial-liberty restrictive-conditions Whether New Jersey's law prohibiting courts from considering monetary bail unless no combination of non-monetary conditions will reasonably assure the…
18-6122 Sheri Lee Pualani Kapahu v. United States Ninth Circuit 2018-09-28 Denied Response WaivedIFP boarding-a-plane consensual-encounter detention drug-possession federal-agent fourth-amendment law-enforcement-interaction reasonable-person reasonable-person-standard search-and-seizure Whether a reasonable person would feel free to ignore a federal agent's direct accusation of drug possession and go about her business of boarding a p…
18-6137 Steven Doyle Burton v. United States Ninth Circuit 2018-09-28 Denied IFP 4th-amendment civil-rights criminal-procedure due-process fourth-amendment probation probation-search probation-searches reasonable-suspicion search search-condition standing Whether the Fourth Amendment allows probation searches without reasonable suspicion
18-392 Aaron M. Richardson v. United States Eleventh Circuit 2018-09-27 Denied carpenter-precedent carpenter-v-united-states cell-site-location-information eleventh-circuit fourth-amendment search-and-seizure standing stored-communications-act warrant-requirement warrantless-search whether-cell-site-location-information-obtained-without-a-warrant-violates-the-fourth-amendment
18-6050 Timothy L. Rodriguez v. DeWayne Burton, Warden Sixth Circuit 2018-09-21 Denied Response WaivedRelisted (2)IFP due-process equal-protection fourteenth-amendment fourth-amendment probable-cause subject-matter-jurisdiction Void-for-Lack-of-Jurisdiction warrantless-arrest Whether the states have reached incongruent results when interpreting this Court's decision due to a radical defect that occurred after the petitioner…
18-6057 Omar Sosa-Gonzalez v. United States First Circuit 2018-09-21 Denied Response WaivedIFP appeal criminal-procedure due-process exclusionary-rule first-circuit fourth-amendment probable-cause search-and-seizure sentencing standing statutory-interpretation Whether the First Circuit erred in affirming the district court's denial of petitioner's motion to suppress evidence obtained in violation of the Four…
18-368 Cedrick Thomas v. Jeffrey Cozzi Eleventh Circuit 2018-09-20 Denied Response Waived 42-usc-1983 4th-amendment civil-procedure civil-rights detective-thomas district-of-columbia-v-wesby eleventh-circuit false-arrest fourth-amendment law-enforcement probable-cause qualified-immunity Whether the Eleventh Circuit erred in affirming the denial of probable cause and qualified immunity for Detective Thomas
18-6045 Corey Levon Beckham v. Darrell Miller, Warden Fourth Circuit 2018-09-19 Denied IFP drug-abuse equal-protection fourth-amendment habeas-corpus ineffective-assistance mental-illness sixth-amendment strickland-v-washington unprofessional-conduct Did the Fourth Circuit err in holding that the District Court failed to accept the showing of the two-prong test in Strickland v. Washington on counse…
18-350 Lamar Sequan Brown v. South Carolina South Carolina 2018-09-18 Denied Response Waived abandonment abandonment-doctrine cell-phone-privacy cell-phones digital-data fourth-amendment privacy reasonable-expectation-of-privacy reasonable-expectation-privacy search-and-seizure search-warrant warrant-requirement Whether police must obtain a warrant before searching cell phone data on a lost but passcode-protected phone
18-348 Robert Weisler, III v. Jefferson Parish Sheriff's Office, et al. Fifth Circuit 2018-09-17 Denied 42-usc-1983 4th-amendment civil-rights Devenpeck-v-Alford fourth-amendment heck-v-humphrey police-accountability qualified-immunity warrantless-arrest Whether Devenpeck v. Alford, which protects officers who either incompetently or maliciously arrest a person for a crime the arrestee did not commit, …
18-337 County of Orange, California, et al. v. Mary Gordon, Individually and as Successor in Interest to Matthew Shawn Gordon, Deceased Ninth Circuit 2018-09-14 Denied Amici (2) 42-usc-1983 civil-rights constitutional-standard due-process eighth-amendment fourth-amendment medical-care objective-reasonableness pretrial-detainee qualified-immunity section-1983 standard-of-care Whether a pretrial detainee's 'inadequate medical care' claim pursuant to 42 U.S.C. § 1983 requires a showing of a jail professional's subjective inte…
18-339 June Harper v. Arthur Leahy, et al. Second Circuit 2018-09-14 Denied Amici (1) arrest-warrant civil-rights fourth-amendment home-entry law-enforcement-procedure payton-standard payton-v-new-york probable-cause reasonable-suspicion Does the Fourth Amendment require police officers to have probable cause to believe that a suspect is present in a home before forcing entry into that…
18-5987 Ajohntae Hammond v. United States Tenth Circuit 2018-09-14 Denied Response WaivedIFP 4th-amendment circuit-split fourth-amendment officer-safety police-discretion pretext probable-cause qualified-immunity reasonable-suspicion search-and-seizure totality-of-circumstances totality-of-the-circumstances warrantless-search Whether a police officer's fear for safety justified a warrantless search
18-325 Thomas F. Gehrmann, et al. v. United States Tenth Circuit 2018-09-13 Denied Response Waived appellate-review exculpatory-evidence fourth-amendment franks-doctrine franks-v-delaware material-omissions probable-cause search-warrant standard-of-review waiver Whether Franks applies to material omissions and whether probable cause is vitiated and the entire affidavit and search warrant are invalid if omitted…
18-5973 Alvin Ramirez-De Jesus v. United States First Circuit 2018-09-13 Denied Response WaivedIFP 18-usc-3553(a) booker-standard criminal-procedure drug-conspiracy exclusionary-rule fourth-amendment probable-cause probation-revocation procedural-reasonableness reasonable-suspicion search-and-seizure sentencing-factors sentencing-guidelines substantive-reasonableness supervised-release Whether the First Circuit erred in affirming the district court's denial of the petitioner's motion to suppress evidence obtained in violation of the …
18-323 Suzan Evans, Individually and as Wife and Next of Kin of Scott Evans, Deceased v. United States, et al. Sixth Circuit 2018-09-12 Denied Response RequestedResponse WaivedRelisted (2) circuit-split constitutional-law excessive-force fourth-amendment graham-v-connor police-conduct reasonableness-standard tennessee-v-garner totality-of-circumstances use-of-force Whether the totality of the circumstances test for assessing the reasonableness of a use of force under Tennessee v. Garner and Graham v. Connor requi…
18-5936 Terrance D. Johnson v. Randall Williams, Warden Fourth Circuit 2018-09-12 Denied IFP evidence-preservation exigent-circumstances fourth-amendment law-enforcement probable-cause search-and-seizure vehicle-search Whether the Fourth Amendment prohibits law enforcement officers from conducting a warrantless search and seizure of a vehicle based solely on probable…
18-309 Lonnie Swartz v. Araceli Rodriguez, Individually and as the Surviving Mother and Personal Representative of J. A. Ninth Circuit 2018-09-11 GVR CVSGAmici (1)Relisted (4) bivens bivens-remedy bivens-v-six-unknown-named-agents border-security cross-border-shooting extraterritorial-application foreign-relations fourth-amendment qualified-immunity separation-of-powers Whether the panel's decision to create an implied remedy for damages under Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S…
18-5927 J. A. v. New Jersey New Jersey 2018-09-10 Denied Response WaivedIFP attenuation coolidge-v-new-hampshire fourth-amendment fourth-amendment-search fruit-of-the-poisonous-tree illegal-entry lustig-v-united-states probable-cause reasonable-foreseeability search-and-seizure state-action Did a search involve state action under the Fourth Amendment where police officers entered a home illegally, an officer there told an inquiring civili…
18-285 Missouri v. Phillip Douglass, et al. Missouri 2018-09-05 Denied Response RequestedRelisted (2) 4th-amendment civil-rights due-process exclusionary-rule fourth-amendment particularity particularity-requirement probable-cause search-and-seizure search-warrant standing warrant warrant-severability Is severance the default remedy when part of a warrant is valid, or does the Fourth Amendment also require that the valid sections make up 'the greate…
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?
18-5874 Nalenzer Lee Edwards v. United States Eighth Circuit 2018-09-04 Denied Response WaivedIFP arrest confidential-informant drug-possession eighth-circuit fourth-amendment law-enforcement probable-cause reasonable-suspicion vehicle-stop Did the Court of Appeals for the Eighth Circuit error in finding probable cause to justify a vehicle stop and the arrest of petitioner?
18-5824 James Eugene Larive, Jr. v. United States Eighth Circuit 2018-08-29 Denied Response WaivedIFP criminal-procedure discovery due-process entrapment evidence fair-trial fourth-amendment parallel-construction search-and-seizure traffic-stop Whether the government's use of 'parallel construction' to conceal the true source of evidence violates the defendant's right to a fair trial
18-5831 Willie Riley Curry v. United States Sixth Circuit 2018-08-29 Denied Response WaivedIFP 4th-amendment 6th-circuit age-of-victim byrd-v-united-states carpenter-v-united-states criminal-procedure due-process fourth-amendment gvr plain-error scienter search-and-seizure sixth-circuit-review statutory-interpretation Does Carpenter and Byrd require a GVR in this case?
18-5734 Robert Dennis Martin v. Oklahoma Oklahoma 2018-08-24 Denied IFP 4th-amendment civil-rights constitutional-waiver criminal-procedure due-process due-process,criminal-procedure,4th-amendment,stand fourth-amendment jury-verdict police-stop reasonable-doubt standing Can Oklahoma adopt a rule of law regarding the waiver of a fundamental constitutional right that does not meet the minimum criteria for such waivers s…
18-5759 Daniela Castellanos v. United States Eighth Circuit 2018-08-24 Denied Response WaivedIFP 18-usc-2518 electronic-surveillance fourth-amendment illinois-v-gates investigative-procedures officer-conclusions-opinions privacy privacy-invasion probable-cause wiretap-warrant wiretapping wiretapping-procedures-18-usc-2518 Whether the facts required to establish probable cause include conclusions and opinions of the officer applying for the wiretap warrant
18-236 Paul Weddle v. Alan Nutzman, et al. Ninth Circuit 2018-08-23 Denied Response Waived civil-rights constitutional-rights due-process excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity seizure standing use-of-force Whether there was clearly established precedent that the officers' use of force against Weddle, who had surrendered and posed no immediate threat, vio…
18-5715 Thomas A. Sweeney v. United States Sixth Circuit 2018-08-23 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment griffin-v-wisconsin law-enforcement parole parole-search-and-seizure privacy-rights probation probation-supervision samson-v-california search-and-seizure stalking-horse Did this Court's decision in Samson v. California overturn the 'stalking horse' doctrine?
18-5718 James Willis Campbell, Sr. v. Virginia Virginia 2018-08-23 Denied Relisted (2)IFP 4th-amendment appellate-procedure appellate-review civil-rights constitutional-law criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction probable-cause search-and-seizure search-warrant standard-of-review Did the Supreme Court of Virginia err in reversing the Court of Appeals of Virginia's ruling and affirming the judgment of the trial court?
18-5690 Darren Taylor v. Thomas Schweitzer, Warden Sixth Circuit 2018-08-22 Denied IFP 14th-amendment 4th-amendment 5th-amendment cell-phone-privacy constitutional-rights due-process evidence-suppression fourth-amendment gps-data search-and-seizure warrantless-search Whether Petitioner was denied his constitutional right to a full and fair opportunity to litigate his claim of being denied his constitutional right t…
18-5682 Landon Trevor Anderson v. United States Fifth Circuit 2018-08-21 Denied Response WaivedIFP 4th-amendment circuit-split fourth-amendment harmless-error plain-error reasonable-suspicion supervised-release supervised-release-conditions Must searches conducted as conditions of federal supervised release be supported by at least reasonable suspicion?
18-5667 Matthew Desmond Browne v. United States Ninth Circuit 2018-08-20 Denied Response WaivedIFP anonymous-tip civil-rights criminal-procedure fourth-amendment law-enforcement-procedure location-prediction probable-cause reasonable-suspicion vehicle-identification vehicle-search warrantless-seizure Is the Fourth Amendment violated when a warrantless seizure is carried out based on an anonymous tip that correctly identifies a vehicle and a driver'…
18-209 Ram Mehta v. California California 2018-08-17 Denied Relisted (2) Civil-Procedure Civil-Rights constitutional-rights due-process fourteenth-amendment fourth-amendment judicial-review search-and-seizure unlawful-arrest unlawful-search Unlawful-Search-and-Seizure Were the Petitioner's constitutional rights to be free from unlawful search and seizure under the Fourth Amendment and to due process under the Fourte…
18-211 Steven Morris Hurd v. California California 2018-08-17 Denied Response Waived cell-phone cell-phone-search criminal-procedure digital-data fourth-amendment physical-objects riley-v-california robinson-precedent search-incident-to-arrest supreme-court-precedent united-states-v-robinson warrant-requirement Whether the search incident to arrest exception to the Fourth Amendment warrant requirement applied to digital data on a cell phone prior to Riley v. …
18-5627 Carl Anthony Webb v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-17 Denied IFP 4th-amendment arrest-procedure civil-rights color-of-law constitutional-violation due-process false-arrest false-evidence false-report false-testimony fourth-amendment law-enforcement video-evidence Whether the trial court's finding of fact and conclusion of law were an abuse of discretion
18-5630 Hunter Vaughan Eure v. United States Fourth Circuit 2018-08-17 Denied Response WaivedIFP computer-privacy exclusionary-rule fourth-amendment good-faith-exception particularity-requirement remote-computer-searches remote-search search-and-seizure united-states-v-leon warrant-particularity Whether an FBI agent can reasonably rely on the validity of a single warrant that authorizes a million searches of 100,000 different computers without…
18-5633 Michael A. Kennedy v. Michigan State Treasurer Michigan 2018-08-17 Denied Response WaivedIFP cell-phone-data civil-procedure due-process fourth-amendment fourth-amendment-jurisprudence index list-of-parties privacy question-presented reasonable-expectation-of-privacy search-and-seizure standing Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's prohibition on unreasonable sear…
18-5643 Nathan Craft v. Willie Bonds, Administrator, South Woods State Prison, et al. Third Circuit 2018-08-17 Denied IFP 4th-amendment consent-search fourth-amendment habeas-corpus pro-se-litigant schneckloth-v-bustamonte stone-v-powell When pro-se litigant's 4th amendment consent search claim is misunderstood and misstated, can Stone v. Powell standard be applied to consent search is…
18-5613 Ladina Sykes v. Illinois Illinois 2018-08-16 Denied Response WaivedIFP civil-rights constitutional-law custody fourth-amendment law-enforcement police-conduct private-individual search-and-seizure state-action state-actors Whether on-duty police officers are state actors for Fourth Amendment purposes when they assist a private individual in searching a suspect in police …
18-5585 Karen Mackey v. United States Fifth Circuit 2018-08-15 Denied Response WaivedIFP border-patrol due-process equal-protection fourth-amendment gender-discrimination traffic-stop unreasonable-search-and-seizure unreasonable-seizure vehicle-search Whether the Fifth Circuit erred in holding that a driver's gender may be a factor in the U.S. Border Patrol's decision to stop and search the person's…
18-196 Francis Supeno, et al. v. Secretary, Vermont Agency of Natural Resources Vermont 2018-08-14 Denied Response Waived administrative-penalty administrative-procedure appeal-rights civil-procedure due-process environmental-regulations fourth-amendment notice penalties property-access property-rights regulatory-criteria regulatory-enforcement Whether the assessment of a penalty, in a proceeding entirely separate from and subsequent to a hearing on the underlying merits, constitutes a denial…
18-5584 Lawrence L. Thompson v. Pete Copeland, et al. Ninth Circuit 2018-08-14 Denied Relisted (2)IFP 4th-amendment 8th-amendment arrest-procedure civil-rights constitutional-violation due-process eighth-amendment excessive-force failure-to-supervise fourth-amendment qualified-immunity search-and-seizure Whether Deputy Copeland's arrest of Mr. Thompson was unconstitutional and warranted the denial of qualified immunity
18-5587 Bobby Joe Rosa v. United States Fifth Circuit 2018-08-14 Denied Response WaivedIFP 4th-amendment 5th-amendment 6th-amendment confidential-informant criminal-procedure exclusionary-rule fifth-amendment fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant sixth-amendment Whether the Fifth Circuit erred in affirming the denial of the motion to suppress evidence under the good faith exception despite the lack of probable…
18-5588 Juan Manuel Sanchez-Jara v. United States Seventh Circuit 2018-08-14 Denied Response WaivedIFP cell-site-simulator fourth-amendment fourth-amendment-search privacy probable-cause residence surveillance warrant Whether location of a cell phone user in his residence through use of a cell site simulator, without a probable cause warrant, but with a 'warrant and…
18-5535 Paul Lynn Schlieve v. United States Fifth Circuit 2018-08-13 Denied Response WaivedIFP brady-v-maryland case-dispositive-motion due-process evidence-suppression exculpatory-evidence fifth-amendment fourth-amendment materiality prosecutorial-duty suppression-motion suppression-of-evidence Does the prosecutor's duty to disclose exculpatory evidence under the Fifth Amendment include evidence that is favorable and material to a Fourth Amen…
18-5573 Tajuan Williams v. Sherman Campbell, Warden Sixth Circuit 2018-08-13 Denied Response WaivedIFP 14th-amendment 4th-amendment civil-rights constitutional-law contraband due-process evidence-gathering fourth-amendment prison prison-regulations prisoner-rights regulations Should the Court review the case, de novo, to address the importance to the public of the issue in keeping contraband items out of prisons and out of …
18-5536 Joseph P. Pacheco v. United States Tenth Circuit 2018-08-10 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-search cell-phones civil-rights exclusionary-rule fourth-amendment good-faith-exception riley-v-california search-warrant search-warrants When is a search of a cell phone conducted for the purposes of a search warrant following Riley v. California?
18-179 John Goodman v. Florida Florida 2018-08-09 Denied Response Waived 4th-amendment blood-draw drunk-driving due-process exigent-circumstances fourth-amendment missouri-v-mcneely warrant-requirement Whether the Court should resolve the question of whether law enforcement officers can rely on the exigent circumstance exception to the Fourth Amendme…
18-5521 Miguel Antonio Ramos v. United States Fifth Circuit 2018-08-09 Denied Response WaivedIFP criminal-procedure cross-examination due-process fourth-amendment procedural-due-process sentencing sentencing-enhancement supervised-release Whether the petitioner was denied procedural due process by enhancements to his guidelines sentence without any proof to support those enhancements
18-5526 Michael P. Lough v. United States Fourth Circuit 2018-08-09 Denied Response WaivedIFP appellate-review court-of-appeals criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception motion-to-suppress probable-cause search-and-seizure standard-of-review warrant-requirement Whether the Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Lough's motion to suppress evidence?
18-5508 Gerald Andrew Darby v. United States Fourth Circuit 2018-08-08 Denied Response WaivedIFP 4th-amendment anticipatory-warrant computer-privacy exclusionary-rule extraterritoriality fourth-amendment good-faith-exception particularity remote-search search-and-seizure warrant-particularity Whether an FBI agent can reasonably rely on the validity of a single warrant that authorizes a million searches of 100,000 different computers without…
18-5509 Randy David Makell v. United States Fourth Circuit 2018-08-08 Denied IFP 4th-amendment curtilage drug-dog drug-dog-search florida-v-jardines fourth-amendment home-search jardines-standard katz-v-united-states reasonable-expectation-of-privacy search-and-seizure Does the use of a trained drug dog to sniff the doorway of a residence violate the resident's reasonable expectation of privacy?
18-5446 Allan Latoi Story v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-06 Denied IFP brady-violation civil-rights due-process effective-assistance-of-counsel fair-trial fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance sixth-amendment speedy-trial Whether the state violated the petitioner's constitutional rights under the Fourth, Fifth, Sixth, and Fourteenth Amendments
18-5432 Ahmadou Sankara v. Liam O'Hara, et al. Second Circuit 2018-08-02 Denied Response WaivedIFP constitutional-violation criminal-procedure due-process false-arrest false-imprisonment fourth-amendment habeas-corpus ineffective-assistance-of-counsel ineffective-counsel malicious-prosecution search-and-seizure unlawful-search-and-seizure Whether the petitioner's Fourth Amendment rights were violated by an unlawful search and seizure, false arrest, and false imprisonment without consent…
18-5440 Larenzo Lomax v. Darrel Vannoy, Warden Fifth Circuit 2018-08-02 Denied IFP arrest arrest-legality constitutional-rights criminal-procedure exclusionary-rule false-affidavit false-statements fourth-amendment ineffective-assistance-of-counsel search-and-seizure search-warrant sixth-amendment Whether Lomax was denied the effective assistance of counsel when his trial attorney failed to challenge the legality of Lomax's arrest
18-5406 Orlando G. McDaniel v. United States District of Columbia 2018-08-01 Denied Response WaivedIFP constitutional-rights court-of-appeals exclusionary-rule fourth-amendment police-powers precedent probable-cause scope-of-search search-and-seizure search-warrant seizure Whether the police exceeded the scope of the search warrant and seized additional items in violation of the Fourth Amendment
18-5414 Keith William Deichert v. United States Fourth Circuit 2018-08-01 Denied Response WaivedIFP criminal-procedure exclusionary-rule fourth-amendment good-faith good-faith-exception jurisdiction objective-reasonableness rule-41 search-warrant void-ab-initio Does the good-faith exception to the exclusionary rule apply to a search warrant that is issued by a judge without jurisdiction, rendering the warrant…
18-136 Catherine Rose Dreyer v. County Court of Texas, Coleman County Texas 2018-07-31 Denied Response Waived 1st-amendment 4th-amendment constitutional-violation due-process due-process,4th-amendment,1st-amendment,property-r ex-parte-hearing fourth-amendment property-rights religious-freedom supremacy-clause Whether the issuance of a court order from an ex-parte probate hearing, granting the petitioning party the power to enter someone else's private home …
18-145 Stepheno Jemain Alston v. South Carolina South Carolina 2018-07-31 Denied Response Waived 4th-amendment automobile-detention civil-rights due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion seizure traffic-stop Does South Carolina's reasonable suspicion analysis, in the context of prolonged automobile detentions, violate due process when it fails to sufficien…
18-5418 Kenneth Green v. Colorado Colorado 2018-07-31 Denied Response RequestedResponse WaivedRelisted (2)IFP civil-procedure collateral-attack due-process federal-questions fourth-amendment indigent-defendant march-7-2014 motion plea-bargaining right-to-appeal transcript written-motion Whether the state has constitutional authority to prosecute and accept a guilty plea without a probable cause determination and a voluntary, knowing, …
18-5389 Torrick Johntrelle Rodgers v. United States Fourth Circuit 2018-07-30 Denied Response WaivedIFP exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree fruits-of-poisonous-tree ineffective-assistance-counsel ineffective-assistance-of-counsel plea-bargaining probable-cause prosecutorial-misconduct search-and-seizure search-warrant sentencing warrant Whether the district court should have suppressed all of the fruits of the poisonous tree based upon the found to be corrupted officials and the illeg…
18-117 Brian Grimm v. Maryland Maryland 2018-07-27 Denied Response Waived appellate-review constitutional-law dog-sniff fourth-amendment probable-cause reliability search-and-seizure standard-of-review When a defendant challenges the reliability of a dog's reported alert to the possible presence of drugs in a vehicle, what standard of appellate revie…
18-5365 Carmencita Bruno v. City of Schenectady, New York, et al. Second Circuit 2018-07-26 Denied Response WaivedIFP 4th-amendment civil-rights companion-animal-rights companion-animals due-process emergency-aid fire-investigation fourteenth-amendment fourth-amendment property-rights search-and-seizure Whether firefighters and police can unreasonably withhold sustenance and emergency aid to companion dogs after a fire was extinguished, to conduct an …
18-5368 Gabriel Werdene v. United States Third Circuit 2018-07-26 Denied Response WaivedIFP computer-search criminal-procedure exclusionary-rule federal-rule-of-criminal-procedure-41(b) fourth-amendment good-faith good-faith-exception jurisdiction jurisdictional-defect law-enforcement-procedure search-warrant warrant warrant-validity Whether the good-faith exception to the exclusionary rule applies when a warrant is void from the outset due to the issuing authority's lack of jurisd…
18-5292 Armando Angeles v. United States Tenth Circuit 2018-07-25 Denied Response WaivedIFP circuit-court-interpretation circuit-split criminal-procedure fourth-amendment lane-maintenance search-and-seizure state-court-interpretation state-federal-court-tension statutory-interpretation suppression-motion traffic-laws traffic-statute traffic-stop Whether the Tenth Circuit Court of Appeals erred in applying the Kansas Supreme Court's interpretation of a Kansas traffic statute governing the failu…
18-110 Andrew Burningham, et al. v. John Morrison Raines, III, Guardian of the Estate of John Morrison Raines, IV Eighth Circuit 2018-07-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 8th-circuit anderson-v-liberty-lobby civil-rights clearly-established-law excessive-force fourth-amendment interlocutory-appeal johnson-v-jones mitchell-v-forsyth qualified-immunity summary-judgment use-of-force Whether qualified immunity should be denied where the underlying evidentiary fact is undisputed but different inferences may be drawn from it
18-5332 Davon Merkiese Kemp v. United States Sixth Circuit 2018-07-24 Denied Response WaivedIFP 4th-amendment criminal-procedure drug-crimes drug-trafficking evidence fourth-amendment home-search probable-cause search-and-seizure search-warrant unreasonable-search Whether a police officer's generalized opinion that drug dealers often keep drugs and other evidence of their trafficking activities in their homes is…
18-99 Johnny Barnes v. Joseph Gerhart, et al. Fifth Circuit 2018-07-23 Denied Response RequestedRelisted (3) civil-rights confidential-informant drug-surveillance due-process fourth-amendment law-enforcement law-enforcement-action police-misconduct qualified-immunity search-and-seizure unreasonable-search Did the Fifth Circuit wrongly hold that Officer Barnes' mistake was 'unreasonable' under the Fourth Amendment?
18-5296 Todd Rasberry v. United States First Circuit 2018-07-20 Denied Response RequestedResponse WaivedRelisted (2)IFP consent fourth-amendment home-privacy home-search probable-cause search-and-seizure terry-stop terry-v-ohio warrant-requirement warrantless-search Whether the government can circumvent a home occupant's consent by invoking Terry v. Ohio to search the home and person without a warrant
18-5306 Ramiah Jefferson v. United States Sixth Circuit 2018-07-20 GVR Relisted (3)IFP cell-phone cell-phone-search fourth-amendment gang-activity probable-cause riley-v-california search-warrant zurcher-v-stanford-daily Whether an application for a search warrant to examine the contents of a cell phone seized incident to an arrest must show more to establish probable …
18-5279 Jonathan Hayhoe v. United States Fourth Circuit 2018-07-19 Denied Response WaivedIFP criminal-procedure exclusionary-rule fourth-amendment good-faith-exception law-enforcement-conduct magistrate-powers qualified-immunity search-and-seizure suppression suppression-of-evidence void-ab-initio warrant-validity Whether conduct by law enforcement in securing a void in initio warrant was grossly negligent, thereby precluding application of good-faith exception
18-5267 Arthur Waters v. United States Eighth Circuit 2018-07-18 Denied Response WaivedIFP 4th-amendment categorical-exception drug-distribution exigent-circumstances fourth-amendment in-home-arrest precedent protective-sweep reasonable-suspicion search-and-seizure Should Buie be expanded to permit protective sweeps in all cases involving in-home arrests of suspected drug distributors?
18-5249 Kristian Thomas v. United States Tenth Circuit 2018-07-17 Denied Response WaivedIFP active-warrant arrest-procedure due-process failure-to-appear fourth-amendment law-enforcement misdemeanor-arrest misdemeanor-arrest-warrant misdemeanor-warrant probable-cause reasonable-caution warrant-confirmation Does the Fourth Amendment require prudence or reasonable caution so that before exercising a misdemeanor arrest warrant for failure to appear, a week-…
18-58 Edward Jaimaal Price v. United States Fourth Circuit 2018-07-11 Denied Response Waived 4th-amendment constitutional-rights evidence-suppression exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-seizure motion-to-suppress probable-cause search-and-seizure standard-of-review Whether the evidence seized during the illegal search and seizure should be suppressed
18-46 City of Middletown, Connecticut, et al. v. William McKinney Second Circuit 2018-07-09 Denied Amici (1)Response Waived 4th-amendment active-resistance civil-rights clearly-established constitutional-rights detainee-rights due-process excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity reasonable-officer use-of-force Did the Second Circuit Court of Appeals improperly find a constitutional violation in failing to consider the reasonableness of the use of force from …
18-48 Minnesota v. Quentin Todd Chute Minnesota 2018-07-09 Denied Response RequestedResponse WaivedRelisted (2) curtilage fourth-amendment knock-and-talk plain-view plain-view-doctrine probable-cause reasonable-expectation-of-privacy reasonable-suspicion search search-and-seizure Whether the Fourth Amendment prohibits police officers from engaging in knock-and-talks to gather evidence, and whether officers can inspect evidence …
18-5094 Jerry Wayne Sherry v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-06 Denied Relisted (2)IFP criminal-procedure direct-appeal due-process fourth-amendment ineffective-assistance motion-to-suppress preservation-of-error retroactive-precedent retroactivity Whether defense counsel has a duty to object to inadmissible evidence, and, or file a motion to suppress evidence under the Fourth Amendment to preser…
18-5151 James G. Yahnke v. North Dakota North Dakota 2018-07-06 Denied IFP 4th-amendment blood-test civil-rights consent constitutional-rights drunk-driving due-process fourth-amendment implied-consent probable-cause search-and-seizure warrantless-search Whether the Fourth Amendment prohibits warrantless blood tests for drunk driving, where a motorist has not consented to the blood test
18-5142 Robert Jay Heximer v. Michigan Michigan 2018-07-05 Denied IFP 4th-amendment civil-rights constitutional-rights criminal-procedure criminal-procedure-4th-amendment-exclusionary-rule due-process exclusionary-rule fourth-amendment illegal-detention jurisdiction probable-cause standing subject-matter-jurisdiction Whether the evidence acquired during Mr. Heximer's illegal detention is inadmissible under clearly-established law
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…
18-5085 Teon Jamell Williams v. North Carolina North Carolina 2018-07-02 Denied Response WaivedIFP 4th-amendment cell-phone-privacy collateral-estoppel constitutional-rights criminal-procedure direct-appeal double-jeopardy effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel search-and-seizure sixth-amendment state-law warrantless-search Whether the petitioner's right to effective assistance of counsel in his first direct appeal of right was violated when counsel refused to brief his F…
18-5004 Tremayne Antwane Mitchell v. United States Fourth Circuit 2018-06-28 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment curtilage evidence-suppression exclusionary-rule fourth-amendment franks-hearing franks-v-delaware good-faith-exception police-search probable-cause reasonable-expectation-of-privacy search-and-seizure standing warrantless-search Whether the police officers unlawfully searched the petitioner's apartment by trespassing on the curtilage and sniffing the window and doorframe
18-5016 George Eli Brown, Jr. v. United States Eighth Circuit 2018-06-28 Denied Response WaivedIFP 4th-amendment driver's-license due-process fourth-amendment inchoate-hunch law-enforcement motorist-rights police-investigation reasonable-suspicion sentencing traffic-stop Whether a police officer's belief that a motorist does not have a driver's license diminishes to an inchoate hunch or suspicion when another officer s…
18-5023 Glenn Edwards v. United States Third Circuit 2018-06-28 Denied Response WaivedIFP civil-procedure civil-rights due-process fourth-amendment free-speech ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence probable-cause search-warrant staleness standing takings Whether the district court abused its discretion in denying petitioner's motion to suppress evidence used to obtain a search warrant, violating the pe…
24A1078 Mike Miller v. Dillon Rock Ninth Circuit Presumed Complete canine-deployment excessive-force fourth-amendment irreparable-harm qualified-immunity section-1983 Whether the Fourth Amendment permits a police officer to deploy a canine to apprehend a suspect and, if deployment is justified, whether the duration …