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2,278 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6820 Troy LaFrost Decker v. Oklahoma Oklahoma 2026-02-13 Pending IFP due-process-clause fourth-amendment ineffective-assistance-of-counsel probable-cause sixth-amendment warrant-issuance Whether a state court's failure to address a pro se pre-trial motion raising violations of mandatory warrant issuance and probable cause determination…
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…
25-6753 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…
25-6752 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…
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.
25-6721 Palma Jefferson, Jr. v. United States Fifth Circuit 2026-02-04 Pending Response WaivedIFP 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…
25-6718 Otto Melvin Ramirez v. United States Fifth Circuit 2026-02-04 Pending IFP circuit-split deportable-alien individualized-finding sentencing-factors statutory-interpretation supervised-release Whether a district court violated 18 U.S.C. § 3583(c) and U.S.S.G. § 5D1.1(c) by imposing a term of supervised release on a deportable defendant witho…
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…
25-6653 Randy Campos v. United States Fifth Circuit 2026-01-22 Pending Response WaivedIFP appellate-review criminal-procedure district-court sentencing-factors statutory-interpretation supervised-release Did the district court obviously err by considering the retributive factors under 18 U.S.C. § 3553(a)(2)(A), in violation of Esteras v. United States,…
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…
25-6640 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…
25-6637 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…
25-859 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…
25-6563 Gary Craig Stephens v. United States Ninth Circuit 2026-01-13 Pending Response RequestedResponse WaivedIFP court-of-appeals plain-error-review procedural-error sentencing-guidelines sentencing-range supervised-release 1. Whether a court of appeals may affirm a sentence when the district court never calculated or identified the applicable Sentencing Guidelines range,…
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…
25-826 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…
25-6567 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, …
25-6565 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…
25-6564 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…
25-6562 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 …
25-6540 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…
25-818 Terrell Anthony Hargrove v. Ian Healy, Warden Sixth Circuit 2026-01-12 Pending Amici (2) circuit-split first-step-act incarceration-reduction statutory-interpretation supervised-release time-credits Whether "[t]ime credits" under 18 U.S.C. § 3632(d)(4)(C) may be applied to reduce an individual's term of supervised release.
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…
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?
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.
25-6416 Omar Anthony Quintero-Arias v. United States Ninth Circuit 2025-12-22 Pending Response WaivedIFP appellate-review circuit-split harmless-error sentencing-factors statutory-interpretation supervised-release Though district courts have discretion to impose appropriate conditions of supervised release, that discretion is limited by 18 U.S.C. § 3583. See Con…
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…
25A731 Michael Thomas McCowan v. United States Fifth Circuit 2025-12-22 Application 922(g)(1) constitutional-challenge criminal-conviction firearm-possession second-amendment supervised-release Question not identified.
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 Question not identified.
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 …
25-709 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…
25-705 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…
25-6401 Frankie Centeno v. United States Second Circuit 2025-12-18 Pending Response WaivedIFP constitutional-challenge criminal-procedure felony-conviction gun-rights second-amendment supervised-release 1. Whether 18 U.S.C. § 922(g)(1) is unconstitutional on its face or as applied to Petitioner because, consistent with theSecond Amendment, the federal…
25A707 Edward C. Brown v. United States Seventh Circuit 2025-12-17 Application child-pornography forensic-evidence knowingly-possessed metadata probation-violation supervised-release Question not identified.
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 Question not identified.
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…
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…
25-687 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…
25-6354 Osric Tyrone Daise v. United States Fourth Circuit 2025-12-12 Denied Response WaivedIFP criminal-procedure plain-error punishment revocation sentencing supervised-release Whether the district court committed plain error in revoking Mr. Daise's supervised release pursuant to 18 U.S.C. § 3583(e) when the court's expressed…
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
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 May state law compel the government to release its employees' personal cell phone call logs to the public, even when the government does not know whic…
25A686 Demetrius Green v. United States District of Columbia 2025-12-11 Application fourth-amendment law-enforcement pole-camera privacy search-and-seizure surveillance Question not identified.
25-6324 Craig Edward Hunnicutt, Jr. v. United States Sixth Circuit 2025-12-09 Denied Response WaivedIFP criminal-procedure factual-findings self-defense sentencing-discretion sixth-circuit supervised-release I. Whether the Sixth Circuit decision affirming Mr. Hunnicutt's supervised release violation and new law convictions, improperly upheld the clearly er…
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 Question not identified.
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…
25-6271 Eric Arthur Walton v. United States Fourth Circuit 2025-12-02 Denied Response WaivedIFP criminal-procedure discretionary-standard district-court pro-se-representation standard-of-review supervised-release Whether the standard of review of a district court's decision to allow a defendant to proceed pro se at a supervised release revocation hearing is de …
25-6250 Richard Ruston v. United States Tenth Circuit 2025-11-26 Pending Response RequestedResponse WaivedIFP circuit-split federal-criminal-law sentencing-conditions statutory-construction statutory-interpretation supervised-release Whether the "and" in 18 U.S.C. § 3583(d)(1), as well as the "and" in 18 U.S.C. § 3553(a)(1), as cross-referenced in section 3583(d)(1), means "and," o…
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…
25-6168 Carl Rose v. United States Third Circuit 2025-11-19 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process hearsay-evidence revocation-hearing supervised-release Whether the Due Process Clause and Federal Rule of Criminal Procedure 32.1(b)(2)(C) require a district court, before admitting hearsay at a supervised…
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…
25-6151 Christopher Lewis Tucker v. United States Fourth Circuit 2025-11-18 Denied Response WaivedIFP criminal-procedure medication-administration pretrial-custody sentencing-guidelines statutory-interpretation supervised-release Is a twenty-five year term of supervised release with stringent special conditions including the forced administration of medication "greater than nec…
25-6134 Rodrick Johnson v. United States Fifth Circuit 2025-11-17 Pending IFP 18-usc-3553 circuit-precedent fugitive-tolling sentencing-variance supervised-release supreme-court-rule-10 (1) Should this Court summarily vacate Petitioner's judgment in light of Esteras v. United States, 666 U.S. 185 (2025), because the district court bas…
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…
25-6116 Frank Iglesias v. United States Ninth Circuit 2025-11-14 Denied Response WaivedIFP criminal-procedure discretion early-termination ninth-circuit sentencing supervised-release Did the Ninth Circuit abused it's discretion in finding that Petitioner is not entitled to shortening or terminating supervised release of his sentenc…
25A569 Eric Drake v. Texas Texas 2025-11-14 Application deferred-adjudication due-process equal-protection fourteenth-amendment probation subject-matter-jurisdiction 1. Whether the Court may stay or render void, the entire state deferred probation order entered by a judge who lacked subject-matter jurisdiction, in …
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 Question not identified.
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 Question not identified.
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 Question not identified.
25A453 Eric Arthur Walton v. United States Fourth Circuit 2025-10-21 Application certiorari circuit-split federal-law pro-se standard-of-review supervised-release Question not identified.
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 …
25-5896 Shawn Travis Paschal v. United States Fifth Circuit 2025-10-15 Denied Response WaivedIFP appellate-review criminal-procedure imprisonment reasonableness-standard sentencing-review supervised-release Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness?
25-5870 In Re Joshua Meadors 2025-10-14 Denied IFP constitutional-rights criminal-procedure custody-credits due-process probation statutory-error Comes Now trot petitioner and Mawnan' Sochus Meadors, moves Pio honorable Court im MUNG wahiiy Pray Constitution,| Righia has been deprived oP, on ari…
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 Question not identified.
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…
25-5811 Ricky Joe Bland v. United States Sixth Circuit 2025-10-07 Denied Response WaivedIFP criminal-sentencing drug-testing federal-circuit-split probation-officer sentencing-procedure supervised-release Did the district court below err in imposing as a special condition of supervised release a requirement that "[t]he defendant… participate in a progra…
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 claims that the government violated FISA or the PATRIOT Act accrue based merely on facts that might lead a victim to suspect unlawful surveill…
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.
25-5763 James Lee Winn v. United States Ninth Circuit 2025-09-30 Denied Response WaivedIFP alcohol-restriction conditions-of-release deprivation-of-liberty sentencing-conditions statutory-interpretation supervised-release Whether Special Condition #11 of the imposed conditions of supervised release, requiring Mr. Winn to abstain from alcohol and stay out of bars, violat…
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 THE PACKAGE ADDRESSED TO "ALEXANDIRA SALCEDO" AT…
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 Should the First Amendment provisions to the U.S. Constitution addressing the making of any law abridging the freedom of speech; and to petition the G…
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 when applied to cannabis today, because the odor of cannabis no longer plainly identifies an illegal …
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 Question not identified.
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 1. Whether a municipality's imposition of overbroad and viewpoint-discriminatory restrictions —including a permanent ban from a public forum, the deni…
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 1. Whether a state judge who acts in the clear absence of subject-matter jurisdiction may nonetheless invoke absolute judicial immunity to bar a 42 U.…
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 (1) Whether a United States Court of Appeals may avoid ruling on a constitutional challenge to a statute implicating Fourth Amendment concerns if it d…
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 The first Question Presented is whether the Fourth Amendment protects a citizen from a search of the curtilage surrounding his home, when that search …
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 of not the decision made on March 13, 2025 by the Indiana Supreme Court was in error. Based on the substantive argument made by the Defendant'…
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…
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 1. Bivens / Fourth Amendment: Whether, after Egbert v. Boule, 596 U.S. 482 (2022), a Bivens remedy remains available for warrantless searches and seiz…
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 Question not identified.
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 - (frivolous) - as noted in Webster's Third New International Dictionary…
25A260 Donna Elizabeth Summers v. Montana Montana 2025-09-04 Presumed Complete consent fourth-amendment reasonable-suspicion search-and-seizure seizure traffic-stop Question not identified.
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 1. Whether a court assessing the existence of reasonable suspicion under the Fourth Amendment may exclude a fact known to the officer, or instead must…
25-5515 Jessie Smith, III v. United States Ninth Circuit 2025-09-02 Denied Response WaivedIFP brady-disclosure constitutional-safeguards criminal-procedure due-process revocation-hearing supervised-release Does the Due Process Clause require that district courts apply the constitutional safeguards of Brady v. Maryland when a defendant faces a revocation …
25-5504 Justin Everett Kessler v. United States Ninth Circuit 2025-08-29 Denied Response WaivedIFP constitutional-conditions district-court-discretion lifetime-supervision sentencing-review supervised-release vagueness-doctrine I. Did the District Court Abuse Its Discretion by Imposing an Unconstitutionally Vague and Overbroad "Loitering" Supervised Release Condition? II. Di…
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 I. Whether the trial court's summary denial of Petitioner's facially sufficient ineffective assistance of counsel claim without an evidentiary hear…
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 Question not identified.
25-5493 Joshua Devon Barrow v. United States Fifth Circuit 2025-08-28 Denied Response WaivedIFP criminal-law first-step-act revocation sentencing statutory-maximum supervised-release When determining the statutory maximum sentence on revocation, should courts consult current law or only the law at the time of the underlying offense…
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 (1) Whether the investigation of misconduct by a substance abuse counselor justifies the search warrant seizure of all of the counselor's patient file…
25-5470 Hombra Lavail Williams v. United States Eighth Circuit 2025-08-26 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure district-court-discretion esteras-precedent sentencing-factors statutory-interpretation supervised-release Whether, in light of this Court's decision in Esteras v. United States, 145 S. Ct. 2031 (2025) and in order to maintain uniform application of this Co…
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 Question not identified.
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 Under the Fourth Amendment, is there a sufficient nexus to support probable cause to search a citizen's house when a drug dealer briefly parks near th…
25-5442 Jaron Burnett v. United States Third Circuit 2025-08-22 Pending Response RequestedResponse WaivedRelisted (5)IFP fifth-amendment imprisonment jury-right revocation-proceeding sixth-amendment supervised-release Whether the Fifth and Sixth Amendment jury right applies to supervised release revocation proceedings that impose a term of imprisonment beyond the ma…
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 This Court has long recognized that "to facilitate the orderly and sympathetic administration of the disability program[s] * * *, the Secretary and …
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 I. Mr. Whiteside moved to suppress the evidence related to the firearms because the affidavit did not establish a nexus. Did the district court improp…
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 1. Whether or not forcible and unauthorized entry pursuant to Cal. Health & Safety Code § 17980.7, and obtaining evidence to use is in pseudocriminal …
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 This case concerns a federal law enforcement officer's initial detention of a civilian with a post-hoc explanation of a "welfare check" or "communit…
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…
25-5376 Wesley Swick v. United States Fifth Circuit 2025-08-15 Pending IFP criminal-procedure federal-law fugitive-tolling habeas-corpus sentencing supervised-release I. Whether the fugitive-tolling doctrine applies in the context of supervised release. Rico v. United States, No. 24-1056, presents the same question.
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 1. In the Fourth Amendment reasonableness of a seizure context, whether a law enforcement officer's intended level of force is relevant to determining…
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 Question not identified.
25-5348 Hector Cristobal Mejia-Estrada v. United States Fifth Circuit 2025-08-13 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-authority judicial-delegation probation-officer sentencing-commission standard-conditions supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
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 1. Implied Consent Under Rule 15(b). Whether the lower courts ' refusal to recognize implied consent for a fully litigated excessive force claim — d…
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 Question not identified.
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…
25-5282 Jackson Daniel Bowers v. United States Ninth Circuit 2025-08-05 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process jury-trial sixth-amendment supervised-release In United States v. Haymond , 139 S. Ct. 2369 (2019) , a 4-1-4 decision, this Court left undecided the question of how the Sixth Amendment's jury -tri…
25-5283 Deandre Blackman v. United States Sixth Circuit 2025-08-05 Denied Response WaivedIFP criminal-procedure judicial-discretion revocation-hearing sentencing-factors statutory-interpretation supervised-release Whether courts may rely on the 18 U.S.C. § 3553(a)(2)(A) factors when determining the length and conditions of additional supervision following a supe…
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 Question not identified.
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 1. Whether the execution of the geofence warrant violated the Fourth Amendment. 2. Whether the exclusionary rule should apply to the evidence derived…
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 1. Is a taxpayer 's Fourth and/or Fifth Amendment Constitutional Rights violated when the IRS civil revenue agent conducts a criminal investigation…
25-5222 Dahryl Lamont Reynolds v. United States Ninth Circuit 2025-07-29 Denied Response WaivedIFP criminal-rehabilitation felony-association liberty-deprivation probation-restrictions sentencing-conditions supervised-release Whether the standard condition banning association with all past felons is "reasonably related" to the goals of deterrence, incapacitation, and rehabi…
25-5225 Manuel Vega v. United States Ninth Circuit 2025-07-29 Denied Response WaivedIFP criminal-procedure multiple-violations prison-term sentencing statutory-interpretation supervised-release A court, in imposing sentence upon a criminal defendant, may include as part of the sentence a term of supervised release. If the defendant violates t…
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 Is a reviewing court permitted to insert a "judicial gloss" in construing an unambiguous statute when determining whether a law enforcement officer's …
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 Question not identified.
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 Question not identified.
25-79 Ton Ton Aquino v. United States Eleventh Circuit 2025-07-22 Pending appellate-waiver circuit-split sentencing-conditions sex-offender-registration supervised-release unlawful-sentencing Whether it is unlawful for a court to impose sex offender registration as a condition of supervised release for a non-qualifying offense, and to enfor…
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 1. This Court has never applied the obvious case exception to qualified immunity's second prong in the Fourth Amendment context. Although the Court ha…
25-5149 Jerrell Sims v. United States Fifth Circuit 2025-07-18 Denied Response WaivedIFP appellate-review criminal-procedure imprisonment reasonableness sentencing-review supervised-release Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness?
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 1). Whether the Out-of-Court Identification Procedures violated Petitioner's Due Process Right under Neil v. Biggers, 409 U.S. 188 (1972); Manson v. B…
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 1. This case involves an important question regarding the constitutional standard for a police officer to conduct an investigative stop. It is well es…
25-5112 Brian Lee Corbett v. United States Fourth Circuit 2025-07-15 Denied Response WaivedIFP criminal-procedure district-court judicial-discretion rule-35 sentencing supervised-release In this case, the district court held a hearing at which it revoked Corbett's term of supervised release and imposed a term of imprisonment as a resul…
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 Should the Court should grant the petition in order to resolve a conflict among the Courts of Appeals as to whether a probation officer's suspicionles…
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 Question not identified.
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 The magistrate issued an arrest warrant without probable cause based on a complaint that was not sworn to but instead signed by an unknown person func…
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 1. Whether evidence should have been suppressed because the Government improperly used an administrative warrant as a subterfuge to further a criminal…
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, acting on information from an informant, obtained a search warrant for Petitione…
25A21 Deago Lee Eddings v. United States Third Circuit 2025-07-08 Presumed Complete disarmament firearm-possession historical-tradition predicate-crime second-amendment supervised-release Question not identified.
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 Question 1: When an expungemnet has been grranted for an arrest by a state agengy, FDLE, and state court, Florida 18th Circuit, for protections as p…
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 this Court's Fourth Amendment jurisprudence, even criminal context.
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, 392 U.S. 1 (1968), and does the Fifth C…
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 Is A Defendant Considered To Be Given A Full And Fair Consideration Of A 4th Amendment Claim At Both "Trial" And "Direct Appeal" As Required By Stone …
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 A police officer recovered a firearm when he conducted a warrantless search of the passengers of a car stopped for a registration violation. Was it er…
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 Question not identified.
24-7527 Kh'Lajuwon Amari Murat v. United States Eleventh Circuit 2025-06-30 Denied Response WaivedIFP congressional-intent judicial-construction plain-meaning revocation statutory-interpretation supervised-release 1. Whether, when a district court revokes a term of supervised release and imposes a period of imprisonment followed by a new term of supervised relea…
24-7521 Anthony D. Williams v. United States Fourth Circuit 2025-06-27 Denied Response WaivedIFP criminal-procedure due-process government-burden revocation-hearing supervised-release witness-absence WHETHER MR. WILLIAMS DUE PROCESS RIGHTS REQUIRING THE GOVERNMENT TO SHOW GOOD CAUSE FOR A WITNESS'S ABSENCE FROM A SUPERVISED RELEASE REVOCATION HEARI…
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 This case presents an important nationwide issue concerning whether the Antiterrorism and Death Penalty Act of 1996 ("ARDPA ") over-ruled Stone v. Pow…
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 1a. Three Officers executing a warrant used various degrees of force on a third party's residence in an effort to safely remove an admittedly dangerou…
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 The Fourth Amendment's particularity requirement place any limitations on the search of a cell phone beyond requiring that a search warrant limits law…
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…
24A1267 Deamonte Law v. United States Third Circuit 2025-06-23 Presumed Complete 922(g)(1) bruen-test firearm-possession historical-tradition second-amendment supervised-release Question not identified.
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 In Rodrig uez v. United S tates, 575 U.S. 348, 354 (2015) , this Court held that an officer needs reasonable suspicion to prolong a traffic stop beyon…
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 When determining whether law enforcement's stop of a suspect was lawful under the Fourth Amendment, may federal courts use state law – in this case, C…
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 No-01) IS NOT 18 USC§ 3142 (also known as the Congressional Bail Reform Act of 1984) and -ALL- provisions therein, Binding and Obligatory law upon the…
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 What weight is due to considerations of stare decisis in evaluating the constitutional rights or protections against warrantless or unconstitutional s…
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 (1) U.S. Constitution violation by depriving Petitioner's rights contained in Amendment IV; V and VI. (2) Is a district court able, without invoking …
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 's dismissing the petition for an injunction to prevent Respondent from stalking? Did the court violate th…
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 This application is for an extension of time to file a petition for writ of certiorari and does not contain a "Question(s) Presented" section as would…
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 1. May police officers detain and search all members of group on grounds that the behavior of one person was suspicious? 2. Is trial counsel constitu…
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 With respect to the search-incident-to-arrest exception to the warrant requirement of the Fourth Amendment to the United States Constitution, this Cou…
24-7254 Legarius Deshawn Bonner v. United States Fourth Circuit 2025-05-20 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure due-process PROTECT-Act revocation sentencing supervised-release DOES THE COURT VIOLATE A DEFENDANT'S RIGHTS TO DUE PROCESS OF LAW WHEN IMPOSING A SENTENCE UPON REVOCATION OF SUPERVISED RELEASE, WHEN THE COURT EMPLO…
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 Question not identified.
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 the home that is fenced and gated off thereby inaccessible to the public t…
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 suspects 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 RADICAL JURISDICTIONAL DEFECT BY NOT FOLLOWING MICHIGAN'S LAW AND STANDARDS SET FORTH BY MCL's, MCR's, AND FOURTH, FIF…
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 Federal agents found heroin during a warrantless search of a backpack that they seized from Petitioner as he exited a bus. Agents then arrested Petiti…
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 1.Does a law enforcement officer violate the Fourth Amendment to the Constitution when he has every thing he needs to complete a traffic stop and fini…
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 1. Whether the warrantless entry by El Monte Police Department officers into Petitioner's property, without exigent circumstances or valid legal justi…
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 Question not identified.
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 for possession, for consumpt…
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 Question not identified.
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 I. THE DISTRICT COURT ERRED IN DENYING MR. JACKSON'S MOTION TO SUPPRESS THE UNLAWFUL SEARCH OF CELLULAR PHONE DATA AND RECORDS
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 This petition poses important, but unresolved, questions of federal law regarding whether the Fourth Amendment permits an officer to use force based o…
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 Under Missouri v. Seibert, 542 US 600 (2004), a mid-stream Miranda warning may not be effective. This was a plurality opinion and the Circuits are spl…
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 1. Viewing the facts from the officers' perspective at the time, did the officers act reasonably under the Fourth Amendment by using bodyweight pressu…
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, WITH A ZOOM LENS, WHOSE PURPOSE WAS TO MONITOR PETITIONER'S MOVEMENTS FROM AND TO HIS RESIDENCE, TWENTY-F…
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 1. Whether the suppression of identification was warranted on the grounds that the defendant did not recieve a timely post arrest determination for p…
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 1.) Did the unwarranted seizure of my real properties and personal savings account by UNITED STATES violate my rights under the 4th Amendment? 2.) Di…
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 Alsham Laster's phone, during a murder investigation, violated the Fourth Amendment when: (i) police did not have p…
24-6990 Abdul Kilgore v. United States Sixth Circuit 2025-04-15 Denied Response WaivedIFP confrontation-clause hearsay-evidence procedural-reasonableness sentencing sixth-amendment supervised-release 1. Whether the district court's reliance on hearsay evidence, including a complaining witness's video statement and photographic evidence, in a superv…
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 1. Whether the warrantless seizure of a suspect 's children without probable cause during a traffic stop violates the Fourth Amendment. 2. Whether a…
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 Under Terry and its progeny, the police may stop and briefly detain a person driving in a motor vehicle for investigative purposes if the officer has …
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 "At the stationhouse, it is entirely proper for police to remove and list or inventory property found on the person or in the possession of an arreste…
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 1. Does a warrantless search and seizure of a closed container belonging to Petitioner violate the Fourth Amendment where there is not clear and unequ…
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 1. ) Whether this Courts.decision in Combs v. United States 408 US 224, 33 L Ed 2d 308, 92 SCT 2284 (1972) and its progeny should be sustained when th…
24-1056 Isabel Rico v. United States Ninth Circuit 2025-04-07 Granted Amici (4) criminal-procedure federal-law fugitive-tolling sentencing supervised-release tolling-doctrine Whether the fugitive-tolling doctrine applies in the context of supervised release.
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 After a crash filled 20-minute high-speed car chase— caught on video by police helicopter—Javier Ambler II died while resisting being handcuffed due …
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 for the Fifth Appellate District's affirmation of the denial of Petitioner's motion to suppress is repugnant to the …
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 1. ) Did the lower courts erroneously failed to acknowledge and apply the correct laws and facts surrounding Petitioners circumstances during his cus…
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 Nearly four decades ago, this Court drew a constitutional line: law enforcement may not use deadly force against an unarmed, fleeing suspect who poses…
24-6924 John Gabriel Trevino v. United States Fifth Circuit 2025-04-03 Denied Response WaivedIFP constitutional-rights criminal-law firearm-possession second-amendment statutory-interpretation supervised-release Whether 18 U.S.C. §922(g)(1), and post-conviction supervised release restrictions prohibiting possession of a firearm on any supervisee regardless of …
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 …
24-6836 Christian Genao v. United States Second Circuit 2025-03-24 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split criminal-procedure due-process fifth-amendment sentencing supervised-release Federal criminal defendants have a right to be present at sentencing, grounded in the Fifth Amendment Due Process Clause and codified in Federal Rule …
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 Petitioner's First Amendment right by retaliating (repeatedly) (e.g. arbitrarily doubling Petitioner's bail, denying Pe…
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 1. Whether this Honorable Court should grant certiorari to review whether the Sixth Circuit's determination that the good faith exception applies to t…
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 whatsoever to establish probable cause to believe that there was evidence of a crime or contraband at…
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 Did the Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court err, abuse discretion and violate Petitioner's 4th, 6th, and 14th Amendment…
24-6761 Eric Vaughn v. United States Sixth Circuit 2025-03-13 Denied Response WaivedIFP circuit-split criminal-sentencing drug-testing probation-officer special-conditions supervised-release If a criminal defendant receives a term of supervised release, the district court will specify the conditions that the defendant must follow. See 18 U…
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.
24-968 Diontai Moore v. United States Third Circuit 2025-03-11 Denied as-applied-challenge felon-in-possession firearm-prohibition historical-tradition second-amendment supervised-release In 2021, intruders tried to break into the house where Diontai Moore was living with his fiancée and her three children. Terrified, his fiancée took h…
24A867 Jo-Ann Connelly v. Connecticut, ex rel. Jeremiah Dunn, Chief State Animal Control Officer Connecticut 2025-03-11 Presumed Complete animal-welfare civil-forfeiture exclusionary-rule fourth-amendment quasi-criminal-proceedings warrantless-search Whether the government may use in forfeiture proceedings evidence seized in the warrantless search of a home where it claims the search was motivated …
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 1. Where officers pull a citizen to the ground who is not resisting and is compliant with the officers, causing citizen serious injury, does the citiz…
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 1.) What is the proper test to determine a cross-section challenge under the Duren 1s second prong. And, how to resolve if intertwined within the 'sys…
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 Question not identified.
24-6652 David R. Kitchen v. United States Fourth Circuit 2025-02-26 Denied Response WaivedIFP criminal-procedure fourth-circuit home-detention judicial-review sentencing-discretion supervised-release I. Whether the Fourth Circuit erred by affirming the District Court's discretion in sentencing Mr. Kitchen to six (6) months of home detention for a s…
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 1. Did the Ninth Circuit depart from this Court's decisions in Graham v. Connor, 490 U.S. 386 (1989) and Plumhoff v. Rickard, 572 U.S. 765 (2014) in d…
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 The Internal Revenue Service used a subpoena to obtain without a warrant from a cryptocurrency exchange three years of transaction records concerning …
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 Courts generally recognize that probable cause to believe a person committed a crime does not alone establish probable cause to search their home. How…
24-6621 Curtis Brown v. United States Eleventh Circuit 2025-02-24 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-law criminal-procedure fifth-amendment judicial-discretion sentencing-conditions supervised-release Under the Fifth Amendment, is a district court required to orally pronounce at sentencing all discretionary "standard conditions" of supervised releas…
24-6615 Gregory P. Damm v. United States Fifth Circuit 2025-02-21 Denied Response WaivedIFP criminal-procedure federal-sentencing hearsay plain-error revocation-proceeding supervised-release Can a federal supervised release defendant can ever obtain relief on plain error for the erroneous admission of hearsay in a revocation proceeding?
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 1. Whether probable cause exists during a stay at home order, when an officer sees someone exiting a grocery store and instead of walking directly hom…
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 1. 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 n…
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 Does law enforcement's involvement in the arrest and use of force against Ms. Kynnedi 'Rae Charles potentially violate fundamental constitutional prot…
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 When police officers have probable cause to believe that a stopped car contains contraband, they may search containers in the car, including a purse s…
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 1. Whether it was error for the Eleventh Circuit to uphold the district court's order denying Petitioner's Motion to Suppress items obtained through a…
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 For nearly four decades, courts have grappled with interpreting the inevitable discovery doctrine. Some courts, including the Second, Fifth, Eighth, a…
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 Mr. Michael J. Baniel's traffic stop, that was preceded by and subjugated to a narcotics investig…
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 In United States v. Jacobsen, 466 U.S. 109, 113 (1984), this Court held that "[a] 'seizure' of property occurs when there is some meaningful interfere…
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, irrelevant, and ignore it, when ana…
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 1. Was the warrantless search of Petitioner's cell phone unconstitutional when there was no reasonable suspicion to believe that the phone contained e…
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 At trial, Mr. Lewis argued that certain key evidence should be suppressed because it was obtained in violation of the Fourth Amendment. The trial cour…
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 1. Whether the Fourth Amendment can countenance an extended bite by a police attack dog where no adequate warning was given, and the suspect was unarm…
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 Question not identified.
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 1. DID THE SEARCH WARRANT AFFIDAVIT ESTABLISH PROBABLE CAUSE WHEN THE AFFIANT MADE MATERIALLY FALSE STATEMENTS IN THE AFFIDAVIT?
24-6431 Norman Seneka Bowers v. United States Fourth Circuit 2025-01-30 Denied Response WaivedIFP direct-appeal judicial-discretion jurisdictional-delay retroactive-application sentencing-guidelines supervised-release I. Whether Amendment 821 to the United States Sentencing Guidelines Should be Applied Retroactively on Direct Appeal. II. Whether A District Court Ma…
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 OF UNITED STATES VS. LEON, 468 U.S. 897 (1987), APPLIES TO TITLE III WIRE…
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 (1) a material factual and legal matter was overlooked or ignored by the 4th-Circuit Court of Appeals; (2) the opinion of the 4th-Circuit Court confl…
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 a. Whether the Court should reexamine and overrule its precedent on qualified immunity in civil actions under 42 U.S.C. § 1983 (Appendix A at 6) in li…
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.
24-6292 Shannon L. Cotton v. United States Seventh Circuit 2025-01-14 Denied Response WaivedIFP criminal-sentencing fair-sentencing-act felony-classification first-step-act statutory-interpretation supervised-release Whether the plain language of 18 U.S.C. § 3583(e)(3) requires a district court to determine the current classification of a defendant's felony by look…
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 1. Whether the court of appeals correctly determined that a search warrant for collection of real time location data from Petitioner's cell device ove…
24-6271 Javier Francisco Perez v. United States Fifth Circuit 2025-01-13 Denied Response WaivedIFP categorical-approach criminal-procedure felony-offense probation-revocation sentencing-guidelines supervised-release I. Whenever a probationer or supervised releasee faces revocation, the Guidelines Manual assigns a grade to the violation "conduct." The violation gra…
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 Mr. Azucenas's private written communications on Facebook's Messenger application constitutes a physica…
24-6284 Christopher Duncan v. United States Fifth Circuit 2025-01-13 Denied Response WaivedIFP appellate-review criminal-procedure imprisonment reasonableness sentencing-review supervised-release Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness?
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 1). a fleujS RrsV AM^Neine/lV pnvileg "Vo sVueldt Vver ^acirce^ -Vru.wjp?. CrirairvaX c^e^w^fyl's v)t<^W Ar/be>,vA<vien-V r'l^j/feV- 4© CjQj^rorvVouV^…
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, andSixth Amendments to The United States Constitution when seeking to perform a "knock- and-talk" interroga…
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 Question not identified.
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 The Sixth Amendment is paramount to defendants in a criminal proceeding to ensure effective assistance of counsel. When this doesn't happen, there is …
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 1. The petitioner asks this Court to provide more clarity to current federal case law that has been established regarding the exceptions of exigent ci…
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 Question not identified.
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 Does the 4 Amendment to the U.S. Constitution prohibit the use of a cellphone to track a representative of the House without a warrant? Does the 1 an…
24A633 Diontai Moore v. United States Third Circuit 2024-12-27 Presumed Complete bruen firearm-possession gun-control historical-tradition second-amendment supervised-release Question not identified.
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 of the Constitution f…
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 1. Under Franks v. Delaware , 438 U.S. 154 (1978), do defects in the search warrant application process, including failure to satisfy the oath require…
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 in this matter were "anonymous" callers, and, if so, was the opinion in this matter then in conflict with Florida v. J.L., 529…
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 Question not identified.
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 Question not identified.
24-6104 Maurice Kerrick, Jr. v. United States District of Columbia 2024-12-10 Denied Response WaivedIFP criminal-sentencing double-jeopardy due-process maximum-term sixth-amendment supervised-release Whether a defendant's due process rights are violated when he is never informed that he may be sentenced to an additional term of imprisonment for vio…
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 1). Why has The United State Court of Appeal For the Tenth Circuit entered a decision so far departed from the accepted and usual courts of judicial p…
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 Question not identified.
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 A traffic stop is a warrantless Fourth Amendment seizure of all the occupants of the car. Like other temporary detentions of individuals, "the tolerab…
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 During an emergency medical evacuation amidst a large, violent protest that had become a riot, a six-foot, two-hundred pound man assaulted an officer …
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 Question not identified.
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 With clear precedents having been established by federal Appellate Courts, the U.S. Supreme Court, and the U.S. Constitution regarding when a 4th Amen…
24-6064 Johnny Nunez Garcia v. United States Second Circuit 2024-12-03 Denied Response WaivedIFP constitutional-rights criminal-procedure de-novo-review firearm-possession second-amendment supervised-release Whether the term of supervised release prohibiting possession of firearms violates the Second Amendment?
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 1) Where a state has decriminalized simple possession of marijuana, can state and local police, not acting in coordination with federal authorities bu…
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 Question not identified.
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—based on its assumption that officers would have discovered the same evid…
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 Question not identified.
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 1. Whether an individual sitting in the passenger seat of a borrowed and lawfully parked vehicle, which is being used with the standing permission of …
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 1. DID THE FRANKLIN COUNTY COURT OF COMMON PLEAS VIOLATE THE PETITIONER'S FOURTH AMENDMENT RIGHTS BY FAILING TO ESTABLISH PROBABLE CAUSE BY REFUSING T…
24-5955 John C. Coleman v. Ohio Ohio 2024-11-12 Denied IFP constitutional-rights dna-collection due-process fourth-amendment probable-cause warrant A VlWWtsf VDQ.S Yrie<A , ConuicVed } Qr\d SenWed W^Wy UCZSlUzC/Q^, WrtnA untonSAAuWl (Z\)\Ae,'0C£ J \ r\ Xj'ioWtoD dr ^ and IV^ 1 AmenAm^rrV 4o \Ju5- …
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 Question not identified.
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 Question not identified.
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 1. Whether the right against wrongful detention falls under the Fourth Amendment's proscription against unreasonable seizures, or the Fourteenth Amend…
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 I. Whether the scope of the border exception to the Fourth Amendment extends to a seizure and search for information about a crime? II. Whether th…
24A456 In Re Mawule Tepe Fifth Circuit 2024-11-06 Presumed Complete administrative-seizure constitutional-rights due-process fifth-amendment fourth-amendment tax-refund 1 Whether Internal Revenue Service (or IRS) can ABUSE ITS AUTHORITY and seize Applicant Mawule Tepe's 2022 and 2023 Tax Refund without Due process of …
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 Dean oP a Dpprtmett buiiding-Ghovld We Wou) Raa Jrstice' that a tego FonlDeo 2 Door Mart Pret be Added 40 the Commou "ang OT" Areas oP pretmesT buildi…
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 1. Whether the Fourth Amendment permits the search of a person's residence based solely on that person's status as a known drug dealer. 2. Whether Le…
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 Do all unreasonable mistakes of law by the police constitute deliberate, reckless, or grossly negligent conduct requiring suppression of probative evi…
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, articulated by this Court in United States v. Leon in the context of a law enforcement offi…
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 I. Whether the search warrant affidavit in this case failed to establish the requisite nexus to permit a search of a private residence? II. Whether t…
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 1.) Whether a police officer's reason for acting, in at least some circumstances, should factor into the Fourth Amendment inquiry? 2.) Whether the St…
24A383 James Garrett and Levi Garrett v. United States Eighth Circuit 2024-10-22 Presumed Complete criminal-appeal eighth-circuit medical-hardship pro-se supervised-release writ-of-certiorari Question not identified.
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 I. Did the District Court and United States Court of Appeals for the Fourth Circuit err in finding that Respondent Governor Ralph Northam's COVID-19 e…
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 1. Fourth Amendment Violation - Lack of Probable Cause at Arrest ° Whether the Ninth Circuit erred in affirming the district court 's judgment that th…
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 United States Court of Appeals for the Fifth Circuit erred in granting the Motion for Summary Judgment denying Damages for an Illegal Sear…
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 More than 3.5 million people in the United States are subject to warrantless, suspicionless searches of their residences as a result of their probatio…
24A361 William Trevor Case v. Montana Montana 2024-10-16 Presumed Complete community-caretaking emergency-aid exigent-circumstances fourth-amendment probable-cause warrantless-search Question not identified.
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 1. Whether this Petition Should Be Granted to Resolve a Conflict Between the Decision Below and Decisions of the Eighth, Ninth, and Tenth Circuits tha…
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 Nearly half a century ago, this Court held that the Fourth Amendment's Warrant Clause "surely takes the affiant's good faith as its premise." Franks v…
24-5739 Christopher Lee Parker v. United States Fifth Circuit 2024-10-10 Denied Response WaivedIFP due-process fifth-amendment first-amendment internet-restriction plea-agreement supervised-release Whether the Fifth Circuit erred by dismissing Mr. Parker's appeal based on the waiver of appeal provisions in his Plea Agreement.
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 I.) Willliam Hudson's case raises an important issue not settled by^his Court and one that is in conflict with other United States Court of Appeals an…
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 Thirty-four years ago, in Maryland v. Buie , 494 U.S. 325 (1990), this Court ruled that the protective sweep exception to the warrant requirement allo…
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 Question not identified.
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 1. Given Deputy Twombly's admission on the record (PagelD //500, 9-14) that the only factor establishing reasonable suspicion to seize the Parcel was…
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 When an individual believes he is not consenting to a warrantless search and waiving his rights under the Fourth Amendment, and does not intend to con…
24-5660 In Re Pakuja Crystal Vang 2024-09-30 Denied IFP civil-rights disability-discrimination due-process federal-jurisdiction fourth-amendment judicial-misconduct Petitioner's fourth amendment was violated "protect citizens' privacy and prevent government abuse of power". Shall this court enforce these procedure…
24-5650 Roberto Yepez v. United States Ninth Circuit 2024-09-27 Denied Response WaivedIFP circuit-split compassionate-release federal-criminal-procedure sentencing-modification statutory-interpretation supervised-release Whether, as the Second and Seventh Circuits have indicated, the compassionate-release statute in 18 U.S.C. § 3582(c)(1) permits reducing supervised re…
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 In light of this Court's recent ly-discuss ed privacy concerns articulated in Riley v. California and Carpenter v. United States , whether the Fourth …
24-5608 Jason Smith v. United States Seventh Circuit 2024-09-23 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure recognizance-forfeiture sixth-amendment supervised-release Historical documents showing that the Framers would have understood the jury right to apply to forfeitures of recognizance, a proceeding similar to re…
24-5594 Seldrick Carpenter v. United States Seventh Circuit 2024-09-20 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP article-iii constitutional-rights criminal-procedure jury-trial sixth-amendment supervised-release IL Historical documents show that the Framers would have understood the jury right to apply to forfeitures of recognizance, a proceeding similar to re…
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 A police officer may arrest without a warrant for a misdemeanor or felony committed in his presence and for a felony not committed in his presence if …
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 (1) The confrontation clause under the Sixth Amendment of the United States Constitution; (2) Venue also listed under the Sixth Amendment of the Unit…
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 1. Whether the Government may conduct a warrantless search of the electronic contents of a person's cell phone at the border. 2. Whether the Governme…
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 Question not identified.
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 A. Whether society is prepared to recognize a reasonable expectation of privacy under the Fourth Amendment in an individual's shed DNA, as evidenced b…
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 1. Whether, during an investigation arising from a traffic stop, agents, who act reasonably under the Fourth Amendment, must read Miranda warnings whe…
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 After a traffic stop for a misdemeanor traffic violation is complete, and a citation has been issued, does possession of cash alone satisfy this Court…
24-5492 Jalen Rashad Pasley v. United States Sixth Circuit 2024-09-09 Denied Response WaivedIFP criminal-procedure deprivation-of-liberty fifth-amendment individualized-assessment sentencing-conditions supervised-release Under the Fifth Amendment, is a district court required to orally pronounce at sentencing all discretionary "standard conditions" of supervised releas…
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 (1) Did the previous alleged criminal Joe at the Counts Aiden & oo rts LOVNDIOAT OCIA \ ancl when Shere were ext Ce. ae 4 J ine USe ok on Qirearm An R…
24-5456 Robert Paul Durrell v. United States Sixth Circuit 2024-09-04 GVR Relisted (2)IFP circuit-split criminal-procedure sentencing-discretion sentencing-factors statutory-interpretation supervised-release The supervised-release statute, 18 U.S.C. § 3583(e), lists factors from 18 U.S.C. § 3553(a) for a court to consider when sentencing a person for viola…
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 Question not identified.
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 On August 6, 2021, New Jersey Supreme Court Justice Stuart Rabner and Judge Glenn Grant, in their administrative capacities as the heads of the New Je…
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 On a traffic-stop after the Officer, gave the citation to Petitioner, and Petitioner, did not give him consent to search his vehicle. 1.Why does the P…
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, 392 U.S. 1 (1968), which allows police officers to search people absent probable…
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 Question not identified.
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 1. Without an existing mandatory supervised release agreement between plaintiff in the Department of Corrections, is a warrant, issued by the departme…
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 and protection of free speech prohibit the initiation of a criminal investigation when original materials were deemed as erot…
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 1. Whether the Fourth Amendment prohibits arresting a passenger in a car not suspected of any wrongdoing solely for failing to immediately provide ide…
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 1. Does an officer interfere with a driver's property rights, in violation of the Fourth Amendment, by continuing to seize a vehicle after the driver …
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 San Jose police stopped decedent Jacob Dominguez, who was wanted for armed robbery, after tailing the ordered Dominguez to put his hands up. Dominguez…
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 wl A Search hJavsast'l b/ n1/0 ^ri^ovc^uv\<M cppk 7^c Ck// beiuh*'*^ -M< offu^r G*d ~bh< ^ud<yc u/kv iSSUf ^ 4-k-e wi uv/ b-t Vtcovdid- LUiy.Skrt. f 9…
24-5327 Daniel Lopez, III v. United States Ninth Circuit 2024-08-15 Denied Response WaivedIFP circuit-split criminal-procedure federal-rules revocation-hearing sentencing-procedure supervised-release Federal Rule of Criminal Procedure 32.1(b) defines the procedure for supervised release revocation hearings. The Ninth Circuit has split from other ci…
24-5333 Jamal Mohammad Eleidy v. United States Fourth Circuit 2024-08-15 Denied Response WaivedIFP appeal-waiver deportation illegal-sentence sentencing-condition statutory-interpretation supervised-release Where the district court in sentencing a United States citizen imposes deportation as a supervised release condition, and 18 U.S.C. § 3583(d) expressl…
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 Nearly half a century ago, this Court held that the Fourth Amendment's Warrant Clause "surely takes the affiant's good faith as its premise." Franks v…
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 Question not identified.
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 I. Whether a defendant's Fifth Amendment privilege against self-incrimination was violated where a sentencing court draws an adverse inference regardi…
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 Question not identified.
24-5237 Warren Alexander v. United States Second Circuit 2024-08-06 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure due-process presentence-report sentencing supervised-release Should the Court grant the petition in order to resolve a conflict among the circuits as to whether a district court in imposing sentence is required …
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 "The government bears the burden of proof in justifying a warrantless search or seizure." United States v. McGee, 736 F.3d 263, 269 (4th Cir. 2013), c…
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 I. 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…
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 1. Everyone needs a bank account, and most financial transactions take place on the internet nowadays. Yet, a 1970 statute, the Bank Secrecy Act, give…
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 assuming that the customary practice of lower courts that apply that rule is correct: a. Whether pro…
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 QUESTION 1: Does Riley v. California , 573 U.S. 373 (2014) prohibit the Government from searching privacy protected GPS information in the metadata …
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 Following Riley v. California, 573 U.S. 373 (2014), may law enforcement seize a person's mobile telephone—without probable cause and without a warrant…
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, under the plain-touch doctrine established by Minnesota v. Dickerson, 508 U.S. 366, 375, 113 S. Ct. 2130, 124 L. Ed. 2d 334 (1993), deputies …
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 The First Constitutional question presented, stands upon the Federal 4th Amendment, and 14th Amendment Due Process Clause applicable to the State that…
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 it clearly established that a warrantless arrest, in the absence of exigent circumstances, by physical force, for a misdemeanor, in the entrance to…
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 This dispute concerns municipal liability in a § 1983 action against the City of Decherd, Tennessee ("City"), and a Decherd police officer. The office…
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, long term video camera surveillance of an individual's home and curtilage constitutes a "search" for Fourth Amen…
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 First, does the FTCA's discretionary function exception immunize the United States from liability for torts committed by its law enforcement officers …
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 The question presented in this case is whether a warrantless search violates the Fourth Amendment where, although a person has consented to warrantles…
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 WJ FourFi/\ AyvAead iM.e/rF permd-S Afi' v^l S>FxVeS rVvuFe a warrarv+less CocFs OocUbaSe "5Wrck ^ ^ro/vA a |jFre£] person wko AaS Ac4 bee a. £oc t c\…
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, which can reveal a wealth of …
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…
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 This case presents important constitutional questions concerning whether weekly government mandated medical testing of public workers violates the wor…
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 Does an officer violate clearly established law when he executes a search warrant at the wrong house without ascertaining the address or conspicuous f…
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 1. Does the Fourth Amendment prohibit the issuance of apparent "all-data" warrants for Facebook accounts without any temporal limitation whatsoever, w…
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 There comes a point in time in the development of a State that its actors are compelled to evaluate its integrity in relation to both, its Constitutio…
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 Does sitting with hands on steering wheel constitute the use of force that allows for officers to grab your neck and choke you in 2022, when the arres…
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 Question not identified.
24-14 James R. Zuegel v. Marco Garcia, et al. Ninth Circuit 2024-07-09 Denied Response Waived 42-usc-1983 civil-rights constitutional-claim conviction conviction-challenge probation section-1983 spencer-v-kemna standing Does this Court's opinion in Spencer v. Kemna, 523 U.S. 1 (1998), permit an individual, who has completed his probation, to pursue a 42 U.S.C. section…
24-5021 Joyce Isagba v. United States Eleventh Circuit 2024-07-09 Denied Response WaivedIFP admissibility criminal-procedure due-process evidence-admissibility federal-rules-of-evidence-404b fifth-amendment prior-bad-acts relevance rule-404b sentencing-conditions supervised-release I. Under Rule 404(b), Federal Rules of Evidence, is a single uncharged act occurring 5-7 year prior to the charged conduct in question, without any in…
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 the context of Fourth Amendment claims alleging excessive force, the determination of a police officer's entitlement to qualified immunity in summa…
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 In Utah v. Strieff, 579 U.S. 232 (2016), this Court held that an officer's discovery of a valid, pre-existing arrest warrant for the defendant himself…
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 Question not identified.
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 January 23, 2020, the petitioner initiated a civil action within the U.s. District Court for the Northern District of Maryland asserting adenial of th…
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 Amendment and due process rights.
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 it reasonable for an officer to conduct an investigative detention where there are insufficient facts in the record to conclude that an individual …
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 The question presented is whether an admittedly pretextual traffic stop by law enforcement violates the Fourth Amendment when it is based not on proba…
23-7817 Fernando Angel Puga v. United States Fifth Circuit 2024-06-28 Denied Response WaivedIFP constitutional-authority delegation-of-authority due-process judicial-authority judicial-delegation probation-officer sentencing-guidelines standard-conditions supervised-release When a district court imposes a term of supervised release as part of a sentence, the United States Sentencing Commission recommends imposing a long l…
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 1. WHETHER THE PETITIONER IS PARTY TO SEEK TRIAL WHEN PETITIONER'S RIGHTS VIOLATED 2. WHETHER RESPONDENT'S SUIT VIOLATED PETITIONER'S PROCEDURAL DUE …
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…
23-7821 Noe Rodriguez-Adorno v. United States First Circuit 2024-06-27 Denied Response WaivedIFP communications constitutional-rights criminal-procedure defense-counsel district-court impasse right-to-counsel sixth-amendment supervised-release 1. Should certiorari be granted where defense counsel informed the District Court he and Petitioner were at an impasse, and all communications between…
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 I. WHETHER A BIVENS ACTION 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 sVsAtrVe^S Cor^Vrfefes er er-rontcus U3e cA Sl\ J\ko\\er- -_Aor\ L^orxAS^^ cjT- Cor>s'VrWi\i o^C)\ Errors ga.~a Connc~V\r>ej— error cn Aer~lV\<e ^T^k…
23-7775 Edward Treisback v. United States Eleventh Circuit 2024-06-21 Denied Response WaivedIFP 5th-amendment burden-of-proof criminal-procedure due-process fifth-amendment morrissey-v-brewer revocation-hearing supervised-release Did the District Court shift the burden of proof from the United States to the defendant in violation of 18 U.S.C. 3583(c)(3) {see In Re Winship, 397 …
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 When an individual invites an undercover agent into their residence, can the agent secretly record without a warrant, or does such conduct exceed the …
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 Ninth Circuit applied this Court's precedents in Bradshaw v. State and Barclay v. Marchand to exclude a defendant's custodial interrogatio…
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 Mr. Jacob W. Barron's probation officers conducted a compliance check of Mr. Barron's home after they were contacted by Rapides Parish Sheriff's Offic…
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 Whether the Fourth Amendment precludes the police from conducting a warrantless search of a home when the police decided to conduct a protective sweep…
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 1. Whether the mandates announced in Sgro v. United States, 287 U.S. 206, (1932) were violated when the trial judge granted a search warrant despite t…
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…
23-7713 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 The Fourth Amendment exclusionary Rule serves another vital function- the imperative of judicial integrity. In Franks u. Delaware , 438 U.S. at 186, 5…
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 1. 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…
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 Question not identified.
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 It is a public record that petitioner is the only taxpayer in New Mexico who was deprived of property but denied due process evidentiary hearing when …
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 1. Was it clearly established in 2014 that a law enforcement officer violates the Fourth Amendment when he witnesses a person commit a misdemeanor off…
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 1. Does the Leon good-faith exception apply to salvage a barebones affidavit where at an evidentiary hearing conducted to establish a record of sworn …
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 Question not identified.
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, in the absence of parental consent or judicial authorization, painful and medically unnecessary pro…
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 L 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 o…
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 PETITIONER AT TRIAL FILED A MOTION TO SUPPRESS EVIDENCE THAT THE STATE ADMITS WAS FOUND DURING A WARRANTLESS SEARCH. Petitioner's MOTION WAS BASED ON …
23-7583 Shawn Hill v. United States Second Circuit 2024-05-29 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure mental-health plea-bargaining remorse sentencing sentencing-guidelines substantive-reasonableness supervised-release 1. Was petitioner improperly denied credit for acceptance of responsibility based on an incident in a Hartford jail that appeared to be a mental healt…
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 Question not identified.
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 1. 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 A…
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 Question not identified.
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 1. Did the Court of Appeals err when it determined Instagram's boilerplate Terms of Service delineated Petitioner's Fourth Amendment rights and held n…
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 Question not identified.
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 Question not identified.
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 I-l pcul-exi 4^ Coryipl^ 4~kp p ^ oF CourT" +■© Prelude ■++« Sn'gm onol StoJ °.F pfbhahk CGW2e ^^)+hlh T|W| r ^Lf'Sd'CW +* loo lei Csu7T-T><jipmc<SS>…
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 Question not identified.
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, consistent with the Fourth Amendment, a passenger in a car not suspected of any wrongdoing may be arrested solely for refusing to immediately…
23-7508 Matias Zarate v. United States Seventh Circuit 2024-05-17 Denied Response WaivedIFP appellate-review criminal-procedure due-process guidelines reasonableness reasonableness-standard sentencing sentencing-guidelines seventh-circuit supervised-release Whether a sentence within the guidelines range is unreasonable when the defendant has already served more time on supervised release than originally s…
23-7483 Edgardo Esteras v. United States Sixth Circuit 2024-05-15 Judgment Issued Amici (1)Response RequestedResponse WaivedRelisted (4)IFP 18-usc-3553 18-usc-3583 circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors statutory-interpretation supervised-release Even though Congress excluded section 3553(a)(2)(A) from section 3583(e)'s list of factors to consider when revoking supervised release, may a distric…
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 1) 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), w…
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 1. 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 enf…
23-7408 Melvin Warren Rivers v. United States Ninth Circuit 2024-05-07 Denied Response WaivedIFP appellate-jurisdiction appellate-procedure criminal-procedure federal-rules-of-appellate-procedure final-order judicial-review motion-denial probation probation-revocation procedural-appeal revocation Whether the denial of a motion to terminate probation made during a probation revocation hearing but prior to the final revocation hearing is a final …
23-7405 In Re Patrick Christian 2024-05-07 Dismissed Relisted (2)IFP civil-rights civil-rights-conspiracy completed-sentence court-interpretation double-jeopardy legal-precedent lower-court-errors probation recidivism retroactive-punishment sentencing 1. In the eyes of the Court when is Punishment Retroactive? 2. Is the Legal Definition of Double Jeopardy described here? 3. In considering the reco…
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 L. Whether the failure to object to law enforcement search establishes implied consent to search for purposes of the Fourth Amendment? II. Whether a …
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 Question not identified.
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 TO THE UNITED STATE…
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 Before government agents can search a private home, the Fourth Amendment generally requires them to obtain a warrant supported by probable cause. Here…
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 1. The district court concluded that since illegally obtained evidence found in Petitioners vehicle, was admissible due to'lthe application of the "…
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 deciding a civil rights claim under 42 U.S.C. § 1983 for deprivation of rights can find that the Officers were entitled to qua…
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 …
23-7289 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 State Supreme Court opinion violated the Fourth and Fourteenth Amendments by allowing law enforcement to obtain access to a third party (G…
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 Question not identified.
23-7256 John Pedelahore v. United States Fifth Circuit 2024-04-18 Denied Response WaivedIFP criminal-procedure district-court-discretion due-process eighth-amendment federal-sentencing sentencing sentencing-guidelines substantive-reasonableness supervised-release Whether the district court erred by ordering Mr. Pedelahore to serve 30 months in prison for nonviolent supervised release violations when the recomme…
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 Would a reasonable and informed observer question the judge's impartiality who allowed an AUSA, through his own acknowledgement, to prosecute in the p…
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 1) Whether, in the context of evaluating a 42 U.S.C. § 1983 Fourth Amendment malicious prosecution claim, state law citations showing that a rational …
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 In determining whether a Franks violation occurred, whether a reviewing court may place substantial evidentiary weight on an officer-affiant's consult…
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 1. Whether the Fourth Amendment's objective standard applies to all claims arising thereunder, such that there is no violation so long as probable cau…
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 Question not identified.
23-7161 James E. Homan v. United States Fifth Circuit 2024-04-08 Denied Response WaivedIFP district-court due-process facts judicial-discretion record revocation revocation-proceeding sentencing supervised-release Whether the district court violated Mr. Homan's right to due process during the sentencing phase of this supervised release revocation proceeding when…
23-7145 Richard Dewayne Lewis v. United States Fourth Circuit 2024-04-04 Denied Response WaivedIFP 18-usc-3583 appellate-review circuit-split extra-statutory-factors revocation-sentences sentencing sentencing-review standard-of-review statutory-interpretation supervised-release L. What is the proper standard of review for evaluating supervised release revocation sentences on appeal? I. May a district court imposing sentence …
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 1. Whether the admission in evidence of 161 eBay & PayPal accounts seized and modified by them with information obtained from Postal Inspectors to fab…
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 1. Does an overnight guest lose his or her reasonable expectation of privacy under Minnesota v. Olson 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 Question not identified.
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? Should the docket sheet reflect all pleadings filed in a…
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 1) When law enforcement applied for the search warrant to search petitioner's vehicle and residence, does the Warrant Clause of the Fourth Amendment r…
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 1. Did the trial court commit reversible error by failing to grant Petitioner's post conviction relief because of the introduction of evidence at her …
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 Question not identified.
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 1. Whether the District of Columbia Court of Appeals fails to apply the lawful—the precedent by the Supreme Court to comply to Rule 4(a)(B)? 2. Wheth…
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 In Riley v. California, 573 U.S. 373 (2014), the Court held that police officers must generally obtain a warrant before searching a cell phone seized …
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 When a warrantless search of a vehicle is initiated, due to the odor of "burnt cannabis," Does dismantling the interior exceed the scope of the search…
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 and how the inevitable-discovery doctrine applies to a defective warrant.
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 How is the Eleveoth recut Appeal Cough able Zo Clam igsuz3 Raiseol by Pelrhoner l8S wol ConSiitulional y'bhshad! piped HE Lond eutel fhe thunted EAE C…
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 1. Could the need for a mental health arrest, without more, justify intruding upon the Petitioner's home without a warrant? 2. If the dismissal of th…
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 of the United States Constitution permits a warrantless search of a vehicle based solely upon the odor of marijuana in a …
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 1. Whether the Fourth Amendment applies to the act of searching or the initial decision to search, based on an objective standard considering the tota…
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…
23-966 Oscar Amos Stilley v. United States Tenth Circuit 2024-03-06 Denied Response Waived criminal-procedure due-process federal-jurisdiction federal-procedure judicial-appointments judicial-assignment judicial-cross-designation judicial-ethics statutory-interpretation supervised-release 1. Whether or not 13 consecutive cross-designations of Oklahoma district judges, with apparent intent to issue new cross-designations each year, in pe…
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 Question not identified.
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 The extraordinary number of conclusions in the opinion below that conflict starkly with applicable precedents smacks of a judicial process that strain…
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 Question not identified.
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 1. Are unsworn assertions in a response brief sufficient to overcome clear and convincing direct evidence that prosecutor illegally searched and seize…
23-6834 Jeremy Lee Sestak v. United States Tenth Circuit 2024-02-27 Denied Response WaivedIFP as-applied-petition constitutional-protections criminal-procedure double-jeopardy sentencing sentencing-guidelines supervised-release u.s.s.g.-§4b1.5 u.s.s.g.-§5d1.2 Can a defendant bring an as-applied petition for modification of the supervised conditions? Does supervised release conditions as applied invoke Doub…
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 The question presented is whether a claim that a school official has used excessive force against a student that meets the definition of a Fourth Amen…
23A776 Cynthia L. Montoya v. United States Ninth Circuit 2024-02-26 Presumed Complete constitutional-right due-process oral-pronouncement remedial-approach sentencing-conditions supervised-release Question not identified.
23-6824 Jeremiah James Lynch v. United States Eighth Circuit 2024-02-26 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment parole proportionality sentencing sentencing-guidelines supervised-release Is it a Constitutional Violation to a grade A, naoUTk>iT\ f^ccx lOO? w*W T^^rmorc. /AovavT, ^cawsq A w^e, T,\m<l \a\£> oc\AW a\■6<^ v0^ c^- ('^ YAoa't…
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, articulated in Brown v. Texas, 44…
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 police to get a warrant before they open a digital file that was flagged by a private technology company's computer …
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 v…
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 In Cady v. Dombrowski, 413 U.S. 433 (1973), this Court recognized the "community caretaking" function of police. In Florida v. J.L., 529 U.S. 266 (200…
23-6759 Hia-Keem Don'ae Rice v. United States Fourth Circuit 2024-02-15 Denied Response WaivedIFP criminal-procedure due-process federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-discretion sentencing supervised-release written-judgment Whether Rule 43(a)(3) of the Federal Rules of Criminal Procedure, which requires a defendant to be present at sentencing, permits the sentencing judge…
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 1. Is there variance among federal judicial circuits regarding how they apply Fourth Amendment law in excessive force cases involving taser use? 2. S…
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 an probable cause affidavit contains only evidence that a person was in a car with and drove an alleged drug dealer to and from a drug transactio…
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 In the aftermath of the 2020 killing of George Floyd, civil unrest broke out across the country, including in Des Moines, Iowa. Mark Nieters, a freela…
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 The police violated the Fourth Amendment when they searched Wilborne's backpack and recovered a firearm that formed the basis of the indictment filed …
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 Question not identified.
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 A police officer may seize and search a person on parole without suspicion. See Samson v. California, 547 U.S. 843, 857 (2006). But the officer must f…
23A720 Jeremy Lee Sestak v. United States Tenth Circuit 2024-02-05 Presumed Complete constitutional-challenge double-jeopardy fifth-amendment modification-of-conditions sentencing supervised-release Question not identified.
23-6645 Arthur Johnson v. United States Fifth Circuit 2024-02-01 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
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 I. Does an individual possess a reasonable expectation of privacy in a package shipped under an alias name, such that the individual has standing to a…
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 Question not identified.
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 This Court's prior precedent in Griffin v. Wisconsin, 483 U.S. 868 (1987) and its progeny hold that a person's status as a supervised releasee, such a…
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 1. Whether the Sixth Amendment Confrontation Clause holding in Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009) extends to automated traffic enforc…
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 Question not identified.
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…
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 Question not identified.
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 Question not identified.
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 Governing the Statutory Requirements that a Federal Court as Ms. copy Section 2r^S^£^jli9.^AC. properly exhaust in the highest Court of his State. Jal…
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 Question not identified.
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 i. Did chairman David R Blumberg unlawfully and knowingly commit perjury in an affidavit entered into the circuit court for Baltimore City? ii. Did R…
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 1) first: 4:99-01.2-BCW; When wasLibfie Federal Government allowed to "open" a [case] against me in 1999, and when was any indictment fitst made publi…
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 Texas DPS Troopers stopped Stephen Brunson because his license plate was expired. They had planned, due to a tip they received, to ask for consent to …
23-6453 James David Welton v. United States Eighth Circuit 2024-01-10 Denied Response WaivedIFP circuit-court civil-rights criminal-procedure due-process habeas-corpus maximum-sentence petition-review procedural-challenge sentencing state-court-conviction supervised-release supreme-court-review Whether the court should grant the writ to resolve a circuit split as to whether the sentence of supervised release must be counted with a 10 year max…
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 under the United States Constitution, subs…
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 1) Will delay resulting from pretrial motions be excluded under the Speedy Trial Act if a defendant can assert that the motion hearing was deliberatel…
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 1. Was the Third Circuit's reversal of Petitioner's suppression of evidence in violation of the Fourth Amendment of the United States Constitution?
23A612 Thurmond Allen v. Pennsylvania Pennsylvania 2024-01-03 Presumed Complete firearm-possession fourth-amendment hearsay-evidence probable-cause search-warrant warrantless-search Question not identified.
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 Question not identified.
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, WHERE TRIAL COUNSEL FAILED TO LITIGATE VIOLATIONS…
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.
23-6359 Davin Chaz Nevins v. United States Fifth Circuit 2023-12-27 Denied Response WaivedIFP constitutional-law criminal-procedure due-process sentencing sixth-amendment supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
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 (1) Did the affiant officer intentionally or recklessly make false or misleading statements or omissions in support of the warrant? (2) Was the false…
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 Question not identified.
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 because it used cases: (1) decided afte…
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 District Court committed procedural error when it applied a 4-level enhancement pursuant to USSG §3B1.1, despite defendant's limited respo…
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 1. Whether exceptions exist for the general proposition that the Fourth Amendment exclusionary rule does not apply to foreign searches and seizure. An…
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 1. An employee of the United States Postal Service in a labor-management dispute that arose within a postal facility; under Section 8 of the United St…
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 when the Police searched pursuant to …
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 1. Whether, in the case of an alleged retaliatory arrest in violation of the First Amendment, Nieves v. Bartlett requires a plaintiff to identify othe…
23-6164 Albert Carrasco, v. United States Ninth Circuit 2023-12-05 Denied Response WaivedIFP criminal-history criminal-procedure due-process liberty-interest liberty-restriction rehabilitation sentencing sex-offender supervised-release For a low-level sex offender (like a mere possessor of child pornography with no prior criminal history), is a supervised-release condition prohibitin…
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 Question not identified.
23-6161 Norman Javier Herrera Pastran v. United States Eleventh Circuit 2023-12-04 Denied Response RequestedResponse WaivedRelisted (2)IFP commerce-clause criminal-law criminal-statute due-process first-amendment free-speech internet-access sex-offender supervised-release 1. Whether the constitutional holding of Packingham v. North Carolina, 137 S. Ct. 1730 (2017)—which recognized a First Amendment right to access the I…
23A499 Stephen Aguiar v. United States Second Circuit 2023-12-01 Presumed Complete appeal-dismissal certificate-of-appealability federal-prisoner mootness section-2255 supervised-release Question not identified.
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 UuK-) u^fcLs vd ccofi' aWtfigscL_tflXtoL. sV<A&5 (f APf®S ■} ^, CyA <^kv4 rr^-1 ^e^fVT IjVW U5\V\ ^ (o^ ~ 6>-SL (Y>V 6°tv 1'8' \M>^.jioa^*c^v *> 't
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 1. Whether the Tenth Circuit's use of Hill's First Amendment analysis negated the objective Fourth Amendment standard of Maryland v. Pringle, 540 U.S.…
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 Question not identified.
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 1. Under the Fourth Amendment's in-presence requirement, a police officer who conducts a warrantless arrest on a person accused of a misdemeanor, or l…
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-…
23-6051 Stephen Aguiar v. United States Second Circuit 2023-11-17 Denied Response WaivedIFP article-iii cares-act case-or-controversy drug-conspiracy home-confinement prison-term supervised-release DOES A PRISONER SERVING A -36 MONTH PRISON TERM FOR REVOCATION OF SUPERVISED RELEASE CONCURRENT WITH HIS 360 MONTH PRISON TERM FOR A DRUG CONSPIRACY…
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 Question not identified.
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 pursuant to a search warrant based upon both the common…
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, upon application of the inevitable discovery doctrine, a hypothetical search pursuant to the inventory search exception to the Fourth Amendme…
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 bottom has fallen out of the "totality of the circumstances" standard established by Illinois v. Gates, 462 U.S. 213 (1983) for evaluating…
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 1. 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 resi…
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 …
23-499 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 While out shopping five days before Christmas, Petitioner had a brief interaction in the public parking lot of a shopping center with a man agents sus…
23-5977 Sean Overstreet v. United States Second Circuit 2023-11-09 Denied Response WaivedIFP constitutional-rights counsel-waiver criminal-defendant-rights criminal-procedure due-process right-to-be-present sentencing supervised-release waiver May counsel waive a criminal defendant's right to be present during the portion of his sentence in which special conditions of supervised release are …
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 Question not identified.
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 Question #1: Are police, absent reasonable suspicion, permitted to conduct driver's license checkpoints, or roadway safety checkpoints requiring drive…
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 Question not identified.
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 (1) Can an attorney for the government go outside the jurisdictional process and ask a friend to dearch an office without a warrant and not violate th…
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 I. Mr. Williams moved to suppress the evidence related to the controlled substances because he was unlawfully detained when there was no reasonable su…
23-5940 John Paul Lopez v. United States Fifth Circuit 2023-11-02 Denied Response WaivedRelisted (2)IFP constitutional-authority delegation-of-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-guidelines supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
23-5941 Gregory L. Randle v. United States Fifth Circuit 2023-11-02 Denied Response WaivedRelisted (2)IFP consecutive-sentence consecutive-sentences criminal-procedure due-process federal-jurisdiction sentencing sentencing-guidelines sentencing-reasonableness supervised-release Whether the district court erred by ordering Mr. Randle to serve 12 months in prison for nonviolent supervised release violations, and by ordering the…
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 1. Whether Petitioner Vahe Sarkiss' Fourth Amendment rights were violated because there was no reasonable suspicion of a violation of supervised relea…
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 07/06/2016, altered to 07/07/2016 by A warrantless arrest made on a Harris County Sheriff Sergeant who issued a "Pocket Warrant", trespassed movant's …
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 This case involves a circuit split over the materiality of a drug dog's training and performance records under Federal Rule of Criminal Procedure 16, …
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 Question: Does involuntary exposure to any non-medically necessary medication, steroid, chemical cleaning compound, schedule II drugs, toxin or any un…
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 coming from within a car stopped for a passenger's seatbelt violation, in a state where possession of one ounce o…
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 1. Is unconstitutionally excessive corporal punishment by a public-school employee cognizable under § 1983 (as nine circuits hold), or is it not (as o…
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 Narcotics agents were surveilling a house based on unidentified "concerned citizen" calls of a high volume of short-stay traffic. Without corroboratin…
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 Question not identified.
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, or under what circumstances, the Fourth Amendment permits customs officers to conduct a warrantless search of the digital contents of a perso…
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 The magistrate issued an arrest warrant without probable cause based on a complaint that was not sworn to but instead signed by an unknown person func…
23-5835 Sean Christopher Finnell v. United States Eleventh Circuit 2023-10-18 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights criminal-defendants first-amendment internet-access packingham-v-north-carolina sex-offenders sixth-amendment supervised-release 1. In Packingham v. North Carolina, 582 U.S. 98 (2017), the Court held that a North Carolina statute prohibiting registered sex offenders from accessi…
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 Question not identified.
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 After a decision of this Court makes a state statute unconstitutional under the Fourth Amendment, do the police get a grace period after this Court's …
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 1. Whether the Fourth Amendment objective reasonableness standard for exigency, and the availability of qualified immunity itself, remain questions of…
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 1. Whether there is a exception to requiring probable cause of a felony for in-home arrests without a warrant? 2. Whether excessive force is allowed …
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, as this Court held in Brendlin v. California, or…
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 I. Whether 28 U.S.C. § 1746 requires, in writing, an affirmative statement that the declaration's contents are "true" to support, establish, or prove…
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…
23-5773 Adrian De La Torre v. United States Fifth Circuit 2023-10-12 Denied Response WaivedIFP constitutional-authority delegation-of-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-guidelines supervised-release When a district court imposes a term of supervised release as part of a sentence, the United States Sentencing Commission recommends imposing a long l…
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 I. The Fourth Amendment of the United States Constitu tion, apt of being jurisdictional in and of itself, requires Warrants issued upon probable cau…
23-5776 Andrea Lamont Medlock v. United States Fifth Circuit 2023-10-12 Denied Response WaivedIFP criminal-procedure federal-authority imprisonment-review judicial-discretion plain-error reasonableness revocation sentencing-review sentencing-standards standard-of-review supervised-release Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness?
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 The meaning of "clearly established" for qualified immunity purposes is not, itself, clearly established. There is a split among this Court's preceden…
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 The question presented is whether a police officer detours from the lawful mission of a traffic stop by ordering that the driver of a car exit the veh…
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 1. Did the Wyoming Supreme Court abuse its description in allowing only one opinion of the justice in affirming the conviction and sentence set forth?…
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 1. That substantial rights of the Petitioner have been prejudiced because of the Lower Courts and Department's findings, inferences, conclusions and/o…
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…
23-336 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 After a criminal trial under a county's civil solid waste ordinance specific to solid-waste management opera-tions, the county incarcerated the petiti…
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 1. Whether a cause of action exists under Bivens for Fourth Amendment claims against federal officers operating under a different legal mandate than t…
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 1. Whether the South Carolina Supreme Court erred by holding it was not error to refuse to instruct the jury of the effect of a not guilty by reason o…
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 In Georgia v. Randolph, 547 U.S. 103, 120 (2006), this Court clearly established that "a warrantless search of a shared dwelling for evidence over the…
23-5631 Jason M. Moriarty v. United States Eleventh Circuit 2023-09-21 Denied Response WaivedIFP consecutive-sentences criminal-law criminal-procedure imprisonment maximum-sentence revocation-of-release sentencing sentencing-guidelines statutory-interpretation supervised-release When revoking multiple terms of supervised release and requiring a defendant "to serve in prison all or part of the term of supervised release," may t…
23-5627 Ronald Rene Deleon, Jr. v. United States Fifth Circuit 2023-09-20 Denied Response WaivedIFP appellate-review criminal-procedure mandatory-minimum plain-error revocation sentencing sentencing-procedure supervised-release Whether application of a mandatory minimum term of supervised release following a revocation amounts to plain error?
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 A.) Does a Fourth Amendment or any other United States Constitutional Amendment violation have a federal expiration date or time limitation other than…
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 LEGITIMATE 60(B)(6) MOTION BE CONSIDERED A 60(B)(3) CLAIM, IF THAT CLAIM DOES NOT ASSERT RELIEF FROM JUDGMENT IN THE EVENT OF "FRAUD . . . MIS…
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," as applied to the totality of the circumstances test under the Fourth Am…
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 1. Constitutionality of "Red Flag" Laws: Do "Red Flag" laws, as implemented by states, infringe upon the due process rights guaranteed by the U.S. Con…
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 1. 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…
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 IL Whether the Trial Court Erred and Violated Petitioner's Fourth Amendment Rights in Summarily Denying Petitioner's Motion to Suppress Without an Evi…
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…
23-5490 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 (1) Is severance of any overbroad warrant a permissible exception to the exclusionary rule; and if so, (2) What it is the appropriate method to deter…
23-5499 Manuel De Jesus Del Cid Bran v. United States Fourth Circuit 2023-08-31 Denied Response WaivedIFP 18-usc-3583 abuse-of-discretion criminal-procedure criminal-sentencing deportation discretionary-sentencing sentencing-commission supervised-release A district court may not consider retribution when deciding whether to impose a term of supervised release. See Concepcion v. United States, 142 S. Ct…
23-5503 Roman Alvarado, Jr. v. United States Fifth Circuit 2023-08-31 Denied Response WaivedIFP constitutional-authority delegation-of-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-guidelines supervised-release When a district court imposes a term of supervised release as part of a sentence, the United States Sentencing Commission recommends imposing a long l…
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 Under the Fourth Amendment, does consent to "take a look" at a suspect's smartphone outside of his residence at a table twenty feet away extend to a f…
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 Question not identified.
23-5484 Dion Ray Wheeler v. United States Fifth Circuit 2023-08-30 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
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 Question not identified.
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 this Court's opinion in Arizona v. Gant, 556 U.S. 332 (2009) created a two-part test that requires an arrestee to be unsecured and within reac…
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 When police threaten individual liberty of the citizens whom they serve, lack responsibility to maintain simply . the integrity of their warrant syst…
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 1. Did the district court err in finding no Fourth or Fifth Amendment violation based upon the court's credibility determination on Deputy Denbo. 2. …
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 Question not identified.
23-5449 Antonio Rojas v. United States Fifth Circuit 2023-08-25 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
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? Did the Schenectady Coun…
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 as held by the Tenth Circuit Court of Appeals in United States…
23A167 Erik Carrasco v. Terry Henkell Fifth Circuit 2023-08-24 Presumed Complete affidavit exculpatory-information fourth-amendment omission qualified-immunity search-warrant Question not identified.
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 1. Whether the exigent circumstances exception saves a warrantless seizure of a defendant's phone when law enforcement could have obtained a warrant a…
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 1. Whether this Court should set limits on whether law enforcement's selfcreated exigent circumstances provide justification for 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 I. Was the State search warrant obtained based on fraudulent, deceptive, misleading, and omitted statements that Magistrate Judge Richard Cronauer r…
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 1. Because recognizing a Bivens action "is 'a disfavored judicial activity," it is settled that no Bivens claim may lie where "there is any rational r…
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 1. Whether an unprecedented legal theory of receipt that relies on file name of unauthenticated screen shots as relevant unit of prosecution under Sec…
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 1) Whether the Eighth Circuit Court of Appeals Decision Authorizes Unreasonably Prolonged Traffic Stops and Unreasonable Searching of a Separate Vehic…
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 1) Does the automobile exception to the warrant requirement of the Fourth Amendment apply to commercial trains? 2) Is there a plain smell exception t…
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 Question not identified.
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 I. 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 DEFEN…
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 Unless Se.ocW and Se^re ft VioUhon of my ^ ^ ^Q-P h&brU&C'/ /c///9 <?f?| (4/nendtn€o-f-S fi^htS > uihAUr r'3^s" uihAUr r'3^s" rnyvoku °P …
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 1. Whether there is a conflict between Kimmelman v Morrison holding that the Fourth Amendment is not a trial right in criminal prosecution and Ex-Part…
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 1) 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…
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 1. Whether the District Court's decision to subject the Petitioner to a lifetime suspicionless search condition that lacks any limitations at all vio…
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 I. Did the Maine State Trooper's hunch that "there were a lot of drugs in this car" based solely on his initial encounter with Ms. Howard justify dela…
23-5177 Kenneth Ragan-Armstrong v. United States Fourth Circuit 2023-07-24 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion plain-error procedural-reasonableness sentencing sentencing-conditions supervised-release Whether the district court plainly erred in imposing special conditions of supervision without explaining why such conditions were necessary or approp…
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 Question not identified.
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 To make out a Fourth Amendment malicious prosecution claim under 42 U.S.C. § 1983, a plaintiff must show that legal process was instituted without pro…
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 Question not identified.
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 1. Are inferior courts required to follow Circuit precedent? Proposed Aanswer: YES 2. Are all executive and judicial Officers required to support th…
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 1. Whether the State Court's of Pennsylvania Committed Reversible Error by Lowering the Fourth Amendment Standard that Reviewing Court's Must Look at …
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 1. Whether this Court should endorse the Tenth Circuit framework for assessing the reasonableness of digital forensic searches under the Fourth Amendm…
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 1. Whether the 8th Circuit erred by affirming the district court's denial of Page's MTS wiretap evidence because the necessary probable cause under 18…
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 In Herring v. United States, 555 U.S. 135 (2009), this Court established the framework for determining when evidence must be suppressed under the Excl…
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. In 42 U.S.C. § 1983 excessive-force and unlawful-arrest litigation, should this Court regularize the process for usin…
23-5045 Evans Samuel Santos Diaz v. United States Third Circuit 2023-07-05 Denied Response WaivedIFP associational-rights conditions-of-release constitutional-scrutiny criminal-procedure due-process first-amendment freedom-of-association individual-liberty supervised-release 1. The First Amendment guarantees individuals a right to associate. Petitioner and his fiancée want to associate. The Court of Appeals affirmed a dist…
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 all fruits of an illegal traffic stop 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 Question not identified.
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 (guaranteed under the Sixth Amendment to the United States Constitution) for a client's court-appointed attorn…
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 1. Whether United States v. Leon, 468 U.S. 897 (1984) was wrongly decided; and 2. Whether subsequent decisions of this Court and the lower courts have…
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 Should a writ of certiorari be granted to clarify whether an exception to the Fourth Amendment can be applied randomly or if law enforcement officers …
22-7839 Christian Ruben Tirado v. United States Ninth Circuit 2023-06-21 Denied Response WaivedIFP circuit-split constitutional-rights criminal-procedure due-process federal-question gang-paraphernalia supervised-release vagueness-doctrine Is a special condition of supervised release that prohibits a supervisee from possessing any of a laundry list of items "known to represent associatio…
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 I. Does a drug-detection dog physically intrude upon a constitutionally protected area and therefore conduct an unreasonable search under the Fourth A…
22-7802 James B. Norris, Jr. v. United States Eighth Circuit 2023-06-16 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review circuit-split criminal-procedure due-process internet-access judicial-explanation pro-se-motion revocation-hearing sentencing sentencing-discretion supervised-release Whether the Eighth Circuit erred – contrary to the holdings of the Second, Fourth, Seventh, Ninth, Eleventh, and D.C. Circuit Courts of Appeals, which…
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 1. Whether the Leon good faith exception should allow admission of evidence obtained as a result of two unconstitutional searches, in violation of Jar…
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 Question not identified.
22-7723 Wesley Jorome Harris v. United States Fifth Circuit 2023-06-06 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
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 Rather than submit to arrest pursuant to multiple lawfully issued arrest warrants, a suspect who was pulled over for a traffic violation refused to ex…
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 United States court of Appeals previously addressed GPS tracking warrant and in conflict with a lower court of appeals and Supreme court? …
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 1. Did the deferdants vote the US. Constitutional proections afforded to marital relationships by imposing a blanket loan of all forms oon onit ? 2. …
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 1. Whether police may enter and perform a "protective sweep" of a home not proximate to an arrest scene and when they lack affirmative information sug…
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 1. Does Baker's right against overdetention require courts to apply a reasonable, totality-of-the-circumstances analysis, or does the case only protec…
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 The OCR text provided is too degraded and illegible to accurately extract the "Question(s) Presented" section verbatim. While a "QUESTION(S) PRESENTED…
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 The OCR text provided is too degraded and illegible to accurately extract the "Question(s) Presented" section. While a section header labeled "QUESTIO…
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 CONSTIIUIIONALIIY; OF PEIONER'S, FRANK MICHAEL MONTE IMPRTSONMENI.
22-7585 Enrique Roberto Villarreal v. United States Fifth Circuit 2023-05-17 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
22-7561 In Re Christopher Vigliotti 2023-05-16 Denied IFP constitutional-rights double-jeopardy due-process multiple-punishment plea-bargain probation probation-violation sentencing sentencing-scheme statutory-authority Petitioner humbly calls upon this Court to test the legality of his present 15 year state prison sentence which stemmed from violating probation, a pr…
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 IS IT A HABEAS CORPUS PETITIONER ENTITLE TO BE RELEASE ON BAIL WHILE AWAITING RESOLUTION OF HIS HABEAS CORPUS PETITON, IF HE PRESENT MERITORIOUS CLAIM…
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 A vehicle might appear to be a certain color, but its registration says that it should be a different color. This might happen if a motorist decide d …
22-7526 Charles Edward Krupalla v. United States Fifth Circuit 2023-05-11 Denied Response WaivedIFP constitutional-authority delegation-of-authority due-process federal-sentencing-guidelines judicial-delegation probation-officer sentencing-commission separation-of-powers supervised-release The United States Sentencing Commission recommends imposing a long list of "standard" conditions of supervised release. Standard Condition 12 reads: …
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 its two decisions, on August 16, 2018, R. 546 and Hrg. Tr. I; and January 22, 2019, R. 625 and Hrg. Tr. II, denyin…
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 1) Whether Third Cicuit Court of Appeals Erred Affirming Gilbert-Brown was seize when Officer Engle approach Gilber.t-Brown as he attempted to go aro…
22-7485 Daniel Isaiah Thody v. United States Sixth Circuit 2023-05-08 Denied Response WaivedIFP civil-rights constitutional-challenge due-process jury-trial sentencing sentencing-procedure sixth-amendment statutory-interpretation supervised-release united-states-v-haymond As a case of first impression, whether the current implementation of Supervised Release, (18 U.S.C. §3583), as a "separate sentence " in addition to t…
22-7471 Renzo Alegre v. United States Eleventh Circuit 2023-05-05 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split constitutional-law first-amendment internet-access sex-offenders supervised-release Does the constitutional holding of Packingham v. North Carolina, 137 S. Ct. 1730 (2017) — which recognized a First Amendment right to access the Inter…
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 1. Do police violate a person's Fourth Amendment rights against unreasonable seizure when they provoke, through subterfuge and intimidation, a person …
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 A. THE DISTRICT COURT ERRED WHEN IT DENIED MR. ENGLAND'S MOTION TO SUPPRESS 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…
22-7396 Richard Anthony Wilford v. United States Fourth Circuit 2023-04-28 Denied Response WaivedIFP cocaine-quantity criminal-procedure district-court due-process equal-protection false-declaration pro-se pro-se-petition sentencing sentencing-memorandum supervised-release supremacy-clause Whether to grant the petition for a writ of certiorari, vacate the judgment, and remand for reconsideration in light of Concepcion V. United States, 1…
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 In this case, police executed a search warrant at a person's home based solely on the fact that said person was involved in the sale of drugs, when ot…
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 "[C]ases involving unattended young children inside a home" fall within the exigent circumstances doctrine. Children need adult supervision. This cas…
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 In the context of a motion under 28 U.S.C. § 2255 and a subsequent Application for Certificate of Appealability (COA) under 28 U.S.C. § 2253 Petitione…
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 1. WHETHER THE POLICE ENTERING A RESIDENCE TO EXECUTE A SEARCH WARRANT MUST POSSESS PROBABLE CAUSE THAT THE PERSON THEY ARE SEEKING IS INSIDE THE RESI…
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 1. Whether the "knock-and-talk" exception to the Fourth Amendment's protection against unlawful entry onto a person's property permits police officers…
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 The question presented is whether a sheriff (1) who indisputably did not make an oral or written oath or affirmation to anyone and (2) who falsely sig…
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 1. Did Magistrate Judge Geoffrey Eaton err in violating the Fourth Amendment, Search and Seizure; probable Cause. By Signing arrest warrant without a …
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 No dispute exists that Petitioner was intoxicated when Respondent assaulted him, but the police tried to stop Petitioner for a broken taillight. Petit…
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 (1) Whether the statute 8 U.S.C. § 1226(a) ("On a warrant issued by the Attorney General, an alien may be arrested. ..") is constitutionally impermiss…
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 Question 1: Did a illegal search and seizute takeplace?
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 I. IN LIGHT OF THIS COURT'S OPINION IN RODRIGUEZ V. UNITED STATES, 575 U.S. 348 (2015), DID THE OFFICER'S INQUIRIES UNJUSTIFIABLY PROLONG THE TRAFFIC …
22-985 Ferrell Walker v. United States Eleventh Circuit 2023-04-11 Denied Response Waived child-pornography double-jeopardy fifth-amendment revocation sentencing supervised-release 1. Whether the subsequent imposition of a sentence to a term of imprisonment of 168 months on a charge of possession of child pornography, to run cons…
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 Where one police officer opens the door of a car, and another officer looks through the open door for contraband, have the police conducted a "search"…
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…
22-7197 Bernard A. Brandon v. Connecticut Connecticut 2023-04-04 Denied Response RequestedResponse WaivedRelisted (2)IFP coercion criminal-procedure custody juvenile-justice miranda-rights probation (1) Whether an interrogation in a secured facility between a probationer who is present on the orders of his probation officer, and armed law enforcem…
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 On 10/*/21 H/a^WvJtY) aa jUx V'\A\noioa cc WWy 'X CO v^vic+jk) vov+Uoal- Woorrat^i" ^vvj\ \p\oO^ VioWt]rLf'oWoWx- daM£ot-p vn/Uuj J-td (P^vcxr dr^tJ w…
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 The Fourth Amendment protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and…
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 I Detective Doyle testified that petitioner was arrested without a warrant for reckless driving. The reckless driving allegation is not supported by a…
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 , 468 U.S. 897 (1984) When It Affirmed The District Court's Refusal To Suppress All Evid…
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…
22-7035 Brian Keith Person, Jr. v. United States Fourth Circuit 2023-03-17 Denied Response WaivedIFP fourth-circuit harmless-error mitigating-arguments procedural-error sentencing standard-of-review supervised-release I. Whether the Fourth Circuit Erred By Applying a "Plainly Unreasonable" Standard of Review for Mr. Person's Supervised Release Violation Sentence ins…
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 was violated where police made warrantless entry into his hotel on the basis that…
22-6973 Joseph Woloszyn v. United States Ninth Circuit 2023-03-08 Denied Response WaivedIFP burden-of-proof criminal-threat drug-addiction due-process preponderance-of-evidence probation-violation revocation-hearing sentencing-guidelines supervised-release uncorroborated-statements I. Did Woloszyn's Uncorroborated Statements to the Probation Officer Prove Woloszyn Violated the Terms of His Supervised Release? II. Does a Violatio…
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 Petitioner James Fox performed a welfare check at the home of Respondents Mark Campbell and Sherrie Campbell. Mark stated through the closed front doo…
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 Question not identified.
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 Neither the Overruled court nor the State Supreme Court of Appeals lacks a Post of Docket to the court by not Providing a Full Litigation Without Judi…
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 L. Whether North Carolina breaking or entering is categorically broader than generic burglary and cannot be a violent felony under the Armed Career Cr…
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 1. 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 com…
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 1. Whether or under what circumstances the Fourth Amendment permits a government informant's warrantless entry into a person's home to monitor, transm…
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 "The Petitioner respectfully ask "'- When the [Fjramers of the Oklahoma State Constitution, created and enacted Article I. $ 3\ [Unappropriated public…
22-6816 Montray Lorenzo Cato v. United States Fifth Circuit 2023-02-21 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
22-6824 Daniel Dietz v. United States Ninth Circuit 2023-02-21 Denied Response WaivedIFP constitutional-review criminal-procedure due-process gall-v-united-states johnson-v-united-states ninth-circuit revocation sentencing supervised-release The Ninth Circuit failed to apply this Court's decisions delineating the purpose of supervised release as set forth in Johnson v. United States, 529 U…
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 1) 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 The Petitioner, a Georgia motorist who was arrested for driving under the influence of alcohol, refused to submit to a warrantless blood test. Breath …
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 A police officer cannot touch a person's body or possessions without consent or legally sufficient basis. Likewise, an officer cannot force himself up…
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 Petitioner was charged, subjected to pretrial proceedings, tried, convicted, and incarcerated for an act that the law does not make criminal. Petition…
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 1. Does the Fifth Circuit's "narrowed" test of reasonableness of a search or seizure under the Fourth Amendment, which deems as irrelevant any of th…
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 Question not identified.
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 To search a target's phone, does probable cause and good faith require a nexus between the target's phone and the crime demonstrated by case-specific …
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 Petitioner's Fourth Amendment I. Did the Illinois courts violate Right to be free from illegal search and seizore when the police seized his cl phone …
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?
22-6731 Lamon Demetrus Wright v. United States Fifth Circuit 2023-02-08 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation confrontation-rights due-process evidence-admissibility federal-courts good-cause good-cause-standard hearsay hearsay-reliability reliability supervised-release What manner of hearsay should be considered "reliable" when federal courts decide whether the government has established "good cause" to deny confront…
22-6718 Justin Stabler v. United States Fifth Circuit 2023-02-07 Denied Response WaivedIFP 18-usc-3553 abuse-of-discretion alcohol-consumption criminal-sentencing electronic-searches section-3553a sentencing-guidelines sentencing-reasonableness substantive-reasonableness supervised-release 1) Whether the 120-month sentence ordered by the district court is substantively unreasonable because, among other reasons, the Guidelines sentencing …
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 be free from unreasonable arrest and detention continue beyond legal process so as to allow a malicious…
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 1. This Court has repeatedly instructed the lower courts that in determining whether a right is clearly established for purposes of qualified immunity…
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 1. Whether the Fourth Amendment permits the warrantless search of an immobile RV, i.e., one that is attached to usual residential utilities such as se…
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 What is the proper test in determining whether or not a preliminary showing for a Franks hearing has been met when analyzing material omissions? Assu…
22-6626 Jonathan Jefferson Ferris v. United States Fifth Circuit 2023-01-26 Denied Response WaivedIFP constitutional-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-guidelines separation-of-powers supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
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 I.) Whether the government omission of evidence that was contrast affiant's Search Warrant Application (Hereafter "SWA") statements constituted a Brad…
22-6616 Brian Cota v. United States Ninth Circuit 2023-01-24 Denied Response WaivedIFP appellate-review criminal-law criminal-sentencing due-process notice plea-bargaining plea-negotiation sentencing sentencing-guidelines supervised-release Whether the court of appeals erred by concluding that Mr. Cota can be subject to a life time of supervised release, and thereby a lifetime of revocati…
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 1. Whether HUD lacks authority to adopt or enforce its smoking ban as a means to ensure "safe and habitable" public housing. 2. Whether the lower cou…
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 1. Whether multiple armed law enforcement officers surrounding a home at daybreak, repeatedly banging on the home's only door, refusing to leave, and …
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 1. Is a search reasonable under the 4th Amendment when a probation officer who lacks required reasonable suspicion and is in violation of Ohio Revised…
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 Is the Ninth Circuit's decision consistent with this Court's precedents?
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 In 2017 Respondents executed a search warrant (which had no affidavit) at Petitioner's home. It authorized a search for violations of 26 U.S.C. §7201 …
22-6510 Daniel Marmolejo v. United States Fifth Circuit 2023-01-10 Denied Response WaivedIFP constitutional-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-commission separation-of-powers supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
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 state of Georgia's mandatory provider assignment of benefit law drafted under Insurance Title 33 (Georgia § 33-24-54) is preempted by the …
22-6487 Chasity Reanee Orellana v. United States Fifth Circuit 2023-01-09 Denied Response WaivedIFP criminal-procedure district-court due-process jurisdiction post-release-conduct revocation sentencing supervised-release Whether the district court erred by revoking Ms. Orellana's supervised release because its revocation decision relied on conduct that occurred after h…
22-6493 Robert Keith Kinsey v. United States Fifth Circuit 2023-01-09 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-rights controlled-substance criminal-procedure due-process fifth-circuit preponderance-of-evidence sentencing supervised-release trial-by-jury Section 3583(g) of United States Code Title 18 requires a district court to revoke a defendant's term of supervised release and impose a term of impri…
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 targeted at a person's home and curtilage is a Fourth Amendment search. Whether the Due Process…
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 In the context of electronic communications, a series of statutes give companies permission to access their users' private correspondence, remove impe…
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 WHEN IT ADMITTED THE STATE'S CELL PHONE RECORDING OF SURVEILLANCE FOOTAGE THAT CAPTURED THE ALTERCATION BE…
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 Oh may 03/2015 atio.xH mi cuus tape u to SfniTP County Tail in Ty/erjTexus at , on Floy^Q.od.6 1 my Blood uas dracon without a searChurarraot Or Count…
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 1. Did the Kansas Court of Appeals err when it affirmed the trial court's decision regarding custody for the purposes of Miranda, and does the court e…
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 May a municipality, consistent with the Fourth and Fourteenth Amendments, sell or destroy property seized for safekeeping from an arrestee, merely bec…
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 (I) Are Search warrants that fail to include command sections authorizing the seizure of particular items facially and fatally defective, requiring su…
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 Ovtrogeovs Govecoment Mistoclutt where the goverocreat intrusion Of the alfoccey-Client pcvilaye violated Rotitioness "Ft Aroendnent acc Sixth Amnende…
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 1. Whether the Eighth Circuit Court's determination that law enforcement officers may search an entire dwelling without probable cause or reasonable s…
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 A law enforcement officer's use of deadly force in self-defense is not constitutionally unreasonable. Courts throughout the nation universally agree t…
22-6323 Luis R. Figueroa-Gonzalez v. United States First Circuit 2022-12-16 Denied Response WaivedIFP circumstantial-evidence criminal-law evidence firearm-alteration firearms knowledge-inference machine-gun mens-rea statutory-definition statutory-interpretation supervised-release Whether the presence of a visible alteration in a seized firearm is sufficient to satisfy the government's burden to prove that the defendant knew of …
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? If so, must law enforcement obtain a warrant…
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 This case involves an important issue in which there is a split of authority in the lower courts regarding whether there is a reasonable expectation o…
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 This petition presents the following question: Whether a person seeking return of illegally seized property under Fed. R. Crim. P. Rule 41(e) has an …
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 I, Ashley Y. (Y Hyang) KIM, the Pro Se Petitioner, never have been informed numerous times, it is the right route, when nobody at Brookline HIGH SCHOO…
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 1. Did the automobile exception to the Fourth Amendment justify the warrantless search of Petitioner's vehicle, which had in plain view only innocuous…
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 1) The Federal Tort Claims Act (FTCA) is Federal Legislation enacted in 1946 that provides a legal means for compensating individuals who have suffere…
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 1. Whether the Fourth Amendment, U.S. Const. Amend. IV, permits a police officer to seize a vehicle and its occupants when the officer only knows that…
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 RAC i Z i sm Hou> Co,M.rVy V^ViOo<4 fcsXt5 y. »\y ^0)-^ 1'^ K^vown sl/nce. +ke. ^^-vU gv-txle iAr^-ftc vi +k«s cog^s K>s ^cco^cA re.pre.sovt me_ /A Co…
22-6246 Antonio Osorio-Mendez v. United States Fifth Circuit 2022-12-07 Denied Response WaivedIFP constitutional-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-commission separation-of-powers supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
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 (1) Does the Unconstitutionally Vague language, Struck down by the Court in 18USC 10), apply to 18USC 722(c)(G)? (2) May a Stipulation Suffice To Con…
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 I. Is the test of objective reasonableness applicable to a claim of excessive force enunciated by this court in Kingsley v. Hendrickson, 576 U.S. 389 …
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 A. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MR. CRICK'S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY…
22-6214 Timothy Robert Gallion v. United States Fourth Circuit 2022-12-02 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing district-court due-process fourth-circuit sentence-credit sentencing-credit sentencing-discretion sentencing-guidelines supervised-release A. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DISMISSING MR. GALLION'S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERR…
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" at his murder prosecution? 2. Was petitione…
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 Does the substantial holding in United States of America V. Demario CHATMON, (2nd Cir.), the court held"that because the initial seizure of defendant …
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 (1) WHETHER PETITIONER IS PROPERLY DETAILED AS AN ENEMY COMBATANT WITHOUT PRESIDENTIAL AUTHORITY TO DO SO? (2) WHETHER FLORIDA STATUTE SECTION §775.0…
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 In Illinois v. Gates, this Court held that a warrant's issuance "cannot be a mere ratification of the bare conclusions of others," but also that "warr…
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 THIS COURT SHOULD EXERCISE ITS CERTIORARI JURISDICTION IN ORDER TO REVIEW A CLAIM THAT FLORIDA COURTS OF APPEALS DO NOT PROVIDE FOR EVIDENTIAR…
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 1. Whether the fact that the challenged portions of New Jersey's ERPO Act are "... flagrantly and patently violative ..." of the Fourth Amendment to t…
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 THE RULING ON THE NINTH AMENDMENT OF THE UNITED STATES CONSTITUTION, TREATIES LAWS, DECLARATION OF HUMAN RIGHT, GENEVA CONVENTION, ARTICLE. 1. STATES,…
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 Question not identified.
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 I. Does the Fourth Amendment require that searches of electronic devices at the United States border be conducted pursuant to a warrant based on proba…
22-6038 Gabriel Mangum v. United States Eighth Circuit 2022-11-10 Denied Response WaivedIFP 18-usc-751 5th-amendment criminal-procedure double-jeopardy escape-from-custody fifth-amendment residential-reentry-center statutory-interpretation supervised-release 1. Whether Petitioner's 5" Amendment Double Jeopardy rights were violated when he was punished twice for the same conduct, to wit: Escape from Custody…
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 1) Is it error to apply the attenuation test articulated in Brown v. Illinois to determine whether evidence discovered during an illegal search should…
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…
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 In Fernandez v. California, 571 U.S. 292, 306, 134 S. Ct. 1126, 1136, 188 L. Ed. 2d 25 (2014), this Court acknowledged that, if "Randolph requires pre…
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 the lower courts may reject a claims of fraud upon the court without addressing that issue or remanding the case to the lower courts where cle…
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 secured under the Fourth Amendment to the United States Constitution by concluding that the …
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 When executing a search warrant, agents disassembled the ir five-page warrant , disregarded homeowners' repeated requests for a copy of the 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 1. Was the traffic stop of Mr. Ceja unreasonably prolonged when officers conducted two consecutive investigations, one for an alleged traffic violatio…
22-5927 Jonathan Lee Oliver v. United States Ninth Circuit 2022-10-27 Denied Response WaivedIFP due-process fifth-amendment judicial-procedure jury-trial non-jury-proceeding preponderance-of-evidence sixth-amendment supervised-release Did the district court's unindicted, non-jury, preponderance of the evidence fact-finding that Mr. Oliver committed a new federal offense to conclude …
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 An unwarranted governmental intrusion into a constitutionally protected area violates the Fourth Amendment's proscription of unreasonable searches if …
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 This Court has repeatedly admonished lower courts ' disregard of constitutionally-secured rights with many decisions in favor of the 5th and 14th Amen…
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 THE GOVERNMENT'S DEMAND FOR A "COURT ORDER" TO EXERCISE AND PRACTICE RELIGIOUS LIBERTIES IMPOSED AND IMPLEMENTED VIOLATES THE RELIGIOUS LAND U…
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 This Court has repeatedly admonished and corrected lower courts ' disregard of constitutionally-secured rights with many decisions: the 5th and 14th A…
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 1. ) Can a law enforcement agency sieze evidence or record private phone calls without a warrant, and then use the gathered evidence against a defend…
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 I. Whether the district court clearly erred by failing to properly instruct the jury, in violation of the holding in Apprendi v. New Jersey, 530 U.S. …
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 The first question presented, on which the circuits are now divided, is whether the Fourth Amendment's privacy protections prevent law enforcement fro…
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 Under due process under first Amendment, fourth Amendment and four amendments under the constitution can they reject petitioner procedure affidavit de…
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 I. Does the 4th Amendment protect parents against the warrantless seizure of their child's passport by state courts as that seizure is currently autho…
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…
22-5811 Matthew Poulin v. United States Seventh Circuit 2022-10-12 Denied Response WaivedIFP alcohol-consumption alcohol-prohibition appeal criminal-procedure district-court due-process reasonableness sentencing supervised-release unreasonable-sentence I. Whether the district court erred by sentencing Mr. Poulin to twelve (12) months considering the circumstances of the case? II. Whether the special…
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 1. Whether the Fourth Amendment allows a police officer to extend a concluded traffic stop based on minimal, if any, suspicious factors. 2. Whether t…
22-5769 Donovan Lemont Bookman v. United States Fifth Circuit 2022-10-05 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
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 1) ARE THE RIGHTS PROTECTED UNDER THE FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION OFFENDED WHERE AN AFFIDAVIT IN SUPPORT OF THE ISSUANCE OF A S…
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 1. DOES THE JUDGEMENT OF SENTENCE REPRESENT A MAINIFEST INJUSTICE WARRANTING THE SUPERVISORY POWERS OF THIS HONORABLE COURT AS IT SHAKES SOCIETIES CON…
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 A. 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 tak…
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 of the United States Constitution the same as the standard of reasonableness under neglig…
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 \ tAjtfuui d CL \r<LOJSo le- (Lose h hft&uov)M<L s4-g_wJ cut Vs lc»ctrr'a-vr)' ahjVdd' /'4 4W+ 0^ -f'd"' 1-^4 -k> e,s»Wo^?4 h®- "sKou\ dde^r QJXJULS&…
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 1. Whether an officer's interspersed drug interdiction questions impermissibly extend a traffic stop per this Court's decision in Rodriguez v. United …
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.
22-5653 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 A prosecutor and magistrate falsified a criminal complaint and warrant in the name of "The People of the State of Michigan" and "Keely Cochran" includ…
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 Wisconsin law requires persons convicted of certain sex offenses to wear GPS tracking devices for life even after they have completed post-confinement…
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 1.May the government use information obtained through a pen register against an individual over whom the government did not obtain a pen register orde…
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 Question not identified.
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 when implementing roadbl…
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 1. 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 additi…
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. Wh…
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 Amendments Rights By Denying The Claim Of Ineffectiv…
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…
22-5340 Jonathan Wells v. United States Ninth Circuit 2022-08-11 Denied Response WaivedIFP constitutional-rights due-process first-amendment free-speech internet-access packingham-v-north-carolina sex-offenders supervised-release Whether the same First Amendment principles in Packingham apply to sex offenders on supervised release and prohibit untailored bans on internet use du…
22-5305 Aileen Kogera Njoroge v. United States Eighth Circuit 2022-08-09 Denied Response WaivedIFP criminal-conviction criminal-procedure criminal-sentencing due-process fraud identity-theft legal-appeal probation restitution sentencing sufficiency-of-evidence trial-court-discretion The Defendant, Aileen Kogera Njoroge, hereinafter "Kogera " appeals her conviction following a jury trial held on October 13th through October 16, 202…
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 1. WHAT IS THE PROBABLE CAUSE TO ARREST SOMEONE FOR ALLEGEDLY SENDING TWO ANONYMOUS MESSAGES FROM TWO DIFFERENT SOCIAL MEDIA PLATFORMS WHICH WAS NEIT…
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 Question One: Whether the Petitioner was deprived of the effective counsel where counsel failed to file a motion to suppress cell site location inform…
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 1. Did the Ninth Circuit and the District Court violate my civil and constitutional rights to ignore Federal precedence and refusal to hear and or add…
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 Milton F. Fitch, Jr., Ownes Chads, E., Calvin Woodard, Jr., Robert A. Evans, Roland Loftin, Donald W. Stephen, Colon Willoughby, C…
22-5212 Jonita Desirrae Brown v. United States Fifth Circuit 2022-07-28 Denied Response WaivedIFP appellate-review booker-standard criminal-procedure fifth-circuit plain-error plain-unreasonableness reasonableness sentencing supervised-release Whether appellate review of a sentence imposed after the revocation of a defendant's supervised-release term is for reasonableness, as United States v…
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 Absent reasonable suspicion or officer safety concerns, is a warrant check of a passenger that extends a valid traffic stop a per se "fishing expediti…
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 Question not identified.
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 One: Whether Petitioner presented a sulstantial showing of neuly discovered factual actual innocence in this case? I he lower court's desision was bas…
22-5185 Thomas Creighton Shrader v. United States Fourth Circuit 2022-07-26 Denied Response WaivedIFP 18-usc-3583 18-usc-3742 double-jeopardy federal-bureau-of-prisons fifth-amendment sentencing-guidelines statutory-interpretation supervised-release #1 When the Federal Bureau of Prisons is misapplying 18 U.S.C. 3583(a) [Supervised Release] not only to Petitioner, but to thousands (1000's) of Feder…
22-5132 Joe Octavio Granado v. United States Fifth Circuit 2022-07-19 Denied Response WaivedIFP 18-usc-3583 concurrent-sentences consecutive-sentences district-court incarceration liberty-deprivation liberty-interest revocation sentencing statutory-interpretation supervised-release Whether the District Court, in revoking supervised release, excessively sentenced Petitioner with consecutive incarceration from an original concurren…
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 1. Were Mr. Hooper's cell phones seized in violation of his Fourth Amendment right against unreasonable search and seizure? 2. Did the District Court…
22-5094 Garfield D. Campbell v. United States Fourth Circuit 2022-07-13 Denied Response WaivedIFP 4th-amendment criminal-procedure district-court due-process evidence fourth-circuit marijuana-use reversible-error sentencing supervised-release WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MR. CAMPBELL'S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY…
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 P/ff^OSihovi Search ujarfarti ISSu-eJ f,tarCf w/lPPe-llosiJs Pham ujas Qf.ne.rd m toalufe cmal lheJe. far~t unlawful m UiolafhW o( 1h£ faurih AlyienAm…
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 government officials seek to rely upon consent to justify the lawfulness of a search or seizure, the burden is on them to show by clear and posit…
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 1. When probable cause in support of a search warrant is based on the word of a confidential informant, is it sufficient for law enforcement to establ…
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…
22-5016 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 1. Whether the Fourth Circuit erred in finding that a reasonable officer in Deputy Momphard's position would not have perceived a danger that justifie…
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 1. Was petitioner denied her Fourth Amendment to the U.S. Constitution right to a pro se habeas corpus in the US district of Oregon? 2. Was petitione…
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 raised an objection (trial) my attorney (Detective Sams) was giving The second day into my when the Government's key witness The home before the arres…
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 Question not identified.
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 \o^€r Cc^r-V violate f^ixU clM Ap$d\c^A4 o^iisVh^ion^\ rUjh% U| ^ccA'incj +<7 tAiwrc 4KaA He ftnou/.A^Wj cuuk voWA^'A^ uxuued. hi-b C .5K4 4t? C-oan^…
21-8224 Arthur L. Gurbey v. United States Second Circuit 2022-06-23 Denied Response WaivedIFP circuit-split compelled-self-incrimination criminal-procedure due-process fifth-amendment minnesota-v-murphy polygraph polygraph-testing self-incrimination supervised-release Whether a condition of supervised release impermissibly compels a defendant to answer any questions posed during any examination during the period of …
21-8196 Cody Andrew Anderson v. United States Fifth Circuit 2022-06-22 Denied Response WaivedIFP appellate-review booker-standard criminal-procedure fifth-circuit plain-error plain-unreasonable reasonableness sentencing supervised-release Whether appellate review of a sentence imposed after the revocation of a defendant's supervised-release term is for reasonableness, as United States v…
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 WHETHER SHERIFF LECLERE'S AFFIDAVIT SHOWED SUFFI…
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 Question not identified.
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 in and of itself violate the Eighth Amendment in light of contemporary standards of decency and the geographic and other arbitr…
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 l ^ «- > c« V PX-O *- VU- g < ^) ^ j ^!7Tr W ?*^ (^ f JLC^ It vt- on^ ^\) 2)^.* '*ft\ZAf*~ **< XoAAJ^-C^U/l^ VAA^^^VfT^T X.OOjifv1pj^0/\<5\\ o\ ^-yV…
21-8181 Joshua Hayes v. United States Eleventh Circuit 2022-06-17 Denied Response WaivedIFP constitutional-vagueness delegation-of-authority due-process judicial-delegation probation-conditions probation-officer sentencing-guidelines supervised-release vagueness Whether the imposition of Standard Condition (12), U.S.S.G. § 5D1.3(c)(12), violates a defendant's right to Due Process because the condition unconsti…
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 (1) Whether the lower courts erred in allowing the Petitioner's cell phone to be searched just because he was on State parole from the State of Tennes…
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 1. Is petitioner in custody on his expired Sentence if the expired Senten was used to enhance his Current Sentence? 2. Is the Antiterrorism and effec…
21-8159 Danny Leon Lynch, Jr. v. United States Fifth Circuit 2022-06-16 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
21-8128 Duane Williams v. United States Fifth Circuit 2022-06-14 Denied Response WaivedIFP confrontation-clause confrontation-right criminal-procedure due-process evidentiary-standard mandatory-conditions revocation-hearing standard-conditions supervised-release witness-testimony Whether the district court erred by revoking Mr. Williams' supervised release status, and returning him to prison. This overall issue consists of the …
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 1. When the unconstitutionality of an officer's conduct is obvious, must the court, in addressing the "clearly established law" prong of a qualified i…
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 Where a law enforcement officer trespasses into a resident's home by shoving his foot into the doorway through the threshold of the home, does the Fou…
21-8093 Albert Aiad-Toss v. United States Sixth Circuit 2022-06-08 Denied Response WaivedIFP 18-usc-3553 18-USC-3553a abuse-of-discretion criminal-procedure district-court-discretion procedural-reasonableness reasonableness sentencing sentencing-guidelines substantive-reasonableness supervised-release Whether Mr. Aiad-Toss's lifetime supervised release term was procedurally unreasonable because the district court failed to adequately explain its dec…
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 1. Does qualified immunity protect government officials so long as no prior precedent exists recognizing the unconstitutionality of a fact pattern exa…
21-8074 Juan Jesus Barrieta-Barrera v. United States Fifth Circuit 2022-06-07 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
21-8076 Siva K. Durbesula v. United States Fourth Circuit 2022-06-07 Denied Response WaivedIFP constitutional-rights criminal-procedure enhanced-punishment enhanced-punishments judicial-fact-finding jury sixth-amendment special-assessment speedy-trial-act supervised-release 1) WHETHER THE SIXTH AMENDMENT REQUIRES A JURY RATHER THAN A JUDGE TO DETERMINE FACTS WHICH ARE USED TO APPLY ENHANCED PUNSIHMENTS INCLUDING THE PERIO…
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 1. Review should be granted, beause the state court failed to bring the defendant before the magistrate within 48-hours after arrest, violating The Fo…
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 I. QUESTION ONE: U.S. CONSTITUTION 1\J AMENDMENT RULE 10. Rules of the United States Supreme Court at (C); Has the Tenth Court of Appeals of the State…
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 Respondent, a Louisiana state agent, procured the post-legal-process seizures of petitioner and his property (seaman's wages and tax refunds) through …
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 (1) Whether a so-called "special-needs exception" to the Fourth Amendment exists and allows warrantless entry into the home of someone who is not subj…
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 Police conducted a warrantless search of the digital data on a cell phone appellant left at a restaurant. The lower courts held that the search did no…
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 Federal Rule of Criminal Procedure 12(c)(3) provides that certain pretrial motions are "untimely" if not raised by the deadline set by the district co…
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 Question not identified.
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 1. Where a driver's medical condition precludes a reasonable opportunity to administer a breath test, does the Fourth Amendment always permit a warran…
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 Question not identified.
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 1. Does the novel issue, Forensic Exposition, demonstrate deceptive testimony and establish actual innocence? 2. Does the novel issue, Excited Uttera…
21-7975 Amir Karim Beigali v. United States Sixth Circuit 2022-05-26 Denied Response WaivedIFP 924-c consecutive-sentences constitutional-interpretation criminal-sentencing double-jeopardy due-process fifth-amendment mandatory-minimum section-924c sixth-amendment supervised-release DOES THE FIFTH AND SIXTH AMENDMENT UNDER THE U.S. CONSTITUTION PROHIBIT SECOND OR SUBSEQUENTLY SECTION 924 (c) (1) (C)(i) AND ITS CONSECUTIVE MANDATOR…
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 1. Is the warrant herein/ (PEX1)/ an invalid search and seizure warrant that was issued to search the premises of Petitioner's home? 2. Does a Distri…
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 1. Whether applicant/petitioner, denied certificate of appealabihty for habeas relief from the District Court, has no other court to go to but here. …
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 1. 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 …
21-7959 Salito Marques Good v. United States Fourth Circuit 2022-05-24 Denied Response WaivedIFP appeal criminal-procedure criminal-sentencing double-jeopardy due-process fourth-circuit johnson-precedent sentencing-maximum statutory-interpretation statutory-maximum supervised-release (1) Whether a defendant can be required to serve more than the statutory maximum sentence for his offense of conviction when a sentence for violating …
21-7942 P'erre Jones v. United States Fifth Circuit 2022-05-23 Denied Response WaivedIFP 5th-amendment circuit-split criminal-procedure fifth-amendment polygraph polygraph-testing self-incrimination supervised-release Whether a circuit split should be resolved regarding whether a condition of supervised release requiring submission to polygraph testing violates a De…
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…
21-1465 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…
21-7919 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 1. During a traffic stop, does the Fourth Amendment place any limit on the extent and manner of questioning by police regarding matters not related to…
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 Question not identified.
21-7910 Kendrick Dwight Marshall v. United States Fifth Circuit 2022-05-18 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
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 Mr. Zahkuan Bailey-Sweeting was a passenger in a car stopped by three police officers for a minor traffic infraction. At the time of the traffic stop,…
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 In a "knock and talk " scenario, "even if an occupant chooses to open the door and speak with the officers, the occupant need not allow the officers t…
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 1. Whether law enforcement's warrantless collection of real-time cell-site location information (CSLI) is reasonable under the "imminent harm" clause …
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, absent the presentation of evidence demonstrating an "independent source" at the district court level and absent specific findings of an "ind…
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 1. "HA" is hereafter used or "hereafter." With respect to (wrt) "appeals" of Case 2:21-cv-03683-GJP Thomas v June et al (HA, Case 03683), and U.S. v. …
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 Question not identified.
21-7804 Charles Austin Alger, Jr. v. United States Fourth Circuit 2022-05-09 Denied Response WaivedIFP deprivation deprivation-of-liberty financial-conditions liberty policy-statements sentencing sentencing-commission sentencing-factors statutory-interpretation supervised-release Whether the district court violated 18 U.S.C. § 3583(d) when it imposed special financial conditions of supervised release that do not reasonably rela…
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 In Whren v. United States, 517 U.S. 806 (1996), this Court held that for purposes of the Fourth Amendment, a police officer's subjective motivation fo…
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, or whether the First, Fourth, and Tenth Circuits' literalist interpretation of…
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 (not merely from judgment) where his/her split-second decision to deploy let…
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 Question not identified.
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 1. Whether the Fifth Circuit misapplied the Court's qualified immunity jurisprudence in holding that a police officer who held a mentally ill subject …
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 1. Whether the court of appeals' decision affirming the denial of Petitioner's request to exercise his right to self-representation while ignoring com…
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 1. Whether the court of appeals properly assess prejudice when it considered the Brady v. Maryland, 373 U.S. 83 (1963) violation ? a. Rulings below: T…
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 Question not identified.
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…
21-7686 Robert Maillet v. United States Fourth Circuit 2022-04-22 Denied Response WaivedIFP 5th-amendment 6th-amendment 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment double-jeopardy due-process sex-offender-registry supervised-release UNDER ISSUE 1: Is §3583 ('Supervised Release) as it stands after 3583(k) was found to be unconstitutional, invalid, illegal, and so, void in whole? D…
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 For two years, Petitioner has sought access to HIV/DNA testing on newly discovered biological evidence, that could prove TOMMY "THE DUKE" MORRISON, ak…
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 (1) Whether the district Court acted properly when it was denied 28 U.S.C. §2255 relief to the petitioner when evidence reveals law enforcement misco…
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 1) Fourth Amendment search and seizure issues, AND 2) Sixth Amendment effective assistance of counsel issues Herein were correctly interpr…
21-7619 Jarbarri Randale Wall v. United States Fourth Circuit 2022-04-14 Denied Response WaivedIFP appeal-waiver criminal-procedure federal-law plea-agreement sentencing sentencing-condition statutory-authority statutory-maximum supervised-release The district court imposed a special condition of supervised release that the defendant abstain from the use of alcoholic beverages, not associate wit…
21-7594 Orin Kristich v. United States Tenth Circuit 2022-04-12 Denied Response WaivedIFP appeal-counsel attorney-misconduct court-discretion de-novo-review due-process judicial-misconduct judicial-procedure plea-bargaining plea-waiver sentencing-guidelines supervised-release 1. Whether the Appellant's Appeal Counsel, Mr. Acton, can tell the court that the Appellant agrees to dismiss the Appeal without ever talking to the A…
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…
21-7600 Christopher Hibshman v. United States Seventh Circuit 2022-04-12 Denied Response WaivedIFP 18-USC-3583 18-USC-3583(e) criminal-conduct criminal-sentencing reasonableness-review sentencing sentencing-guidelines statutory-interpretation statutory-standards supervised-release 1. For violation of supervised release is the imposition of a 24 month sentence consecutive to a 2 year Indiana prison term unreasonable and at odds w…
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 In Arizona v. Gant , this Court held, "Police may search a vehicle incident to a recent occupant's arrest only if the arrestee is with in reaching dis…
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, which does not require proof that the defendant knew of the illicit nature of the controlled substanc…
21-7576 Edward Wright v. United States Ninth Circuit 2022-04-08 Denied Response WaivedIFP child-pornography constitutional-scrutiny liberty-interests non-delegation-doctrine overbreadth plea-agreement supervised-release third-party-notification vagueness I. Currently, the Circuits are split as to whether the standard federal supervision condition requiring third-party risk notification is constitutiona…
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 (1) 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 (1) Does the Unconstitutionally Vague language, Struck down by the Court in 185 O.G.), apply to 18USC F22¢gyG)? (2) May a Stipulation Suffice To Conv…
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 on July 5, 2002, transgressed the Fourth and Fourteenth Amendments to the Constitution of the United States when respondent acted w…
21-1317 Rafi Wali McCall v. United States Fifth Circuit 2022-04-04 Denied Response WaivedRelisted (2) acquittal constitutional-prohibition criminal-procedure double-jeopardy due-process judicial-finding jury-trial supervised-release Does the United States Constitution prohibit a judge from revoking supervised release pursuant to 18 U.S.C. § 3583 based on a judicial finding that th…
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 1. What is the proper standard for determining when a federal habeas petitioner is entitled to an evidentiary hearing under 28 U.S.C. § 2255? 2. Does…
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 to the U.S. Constitution extends to occupied vehicles in non-emergency caretaker searches and whether such searches shoul…
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 Question not identified.
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 Eduardo Pineda petitions for writ of habeas corpus from Associate Justice Clarence Thomas of the Supreme Court of the United States. "In the early day…
21-7382 Adolfo Huerta v. United States Fifth Circuit 2022-03-16 Denied Response WaivedIFP article-ii constitutional-law due-process inpatient-treatment judicial-authority non-delegation probation-officer supervised-release treatment-program Does a supervised release condition imposing "inpatient or outpatient" participation in a treatment program constitute an impermissible delegation of …
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 I. Whether the Seventh Circuit's decision allowing law enforcement officers to conduct a warrantless search of a parolee's mobile phone upon arrest ha…
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, or under what circumstances, social guests are entitled to the Fourth Amendment's protection against unreasonable searches of the home that t…
21-7360 Marc N. Greenberg v. United States Sixth Circuit 2022-03-14 Denied Response WaivedIFP appellate-procedure constitutional-rights criminal-procedure criminal-proceeding due-process federal-rules-of-appellate-procedure fundamental-fairness notice-of-appeal supervised-release I. Whether the technical requirements of Federal Rule of Appellate Procedure 3(c)(l)(B), addressing the contents of a Notice of Appeal, trump an indiv…
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 1. Did the United States and lower courts act outside of their Constitutionally limited subject matter and/or territorial jurisdictions by adjudicatin…
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 Whather habeas corpus petitioners •• who received a decision contrary to clearly established federal law on their Fourth Amendment claim at trial and …
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 A panel of the United States Court of Appeals for the Seventh Circuit ruled: "...[t]he warrant was not anticipatory " because "...[n]o language in the…
21-7345 David Wayne Aring v. United States Eleventh Circuit 2022-03-11 Denied Response WaivedIFP child-pornography circuit-split due-process eighth-amendment first-time-offender judicial-discretion sentencing sentencing-guidelines supervised-release QUESTION ONE Whether in the exercise of its supervisory jurisdiction over the United States Courts, this Court should correct the correctable injustic…
21-7346 Avian Brule v. United States Fifth Circuit 2022-03-11 Denied Response WaivedIFP appellate-review criminal-procedure due-process harmless-error judicial-discretion revocation-standard sentencing supervised-release (1) What is the appellate standard of review applicable to sentences imposed following revocation of supervised release? (2) Is a district court's er…
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 When arresting someone in a home, police may search immediately adjoining spaces from which they could be directly attacked. To search other areas, ho…
21-7327 Tina Carol Ortega v. United States Fifth Circuit 2022-03-09 Denied Response WaivedIFP criminal-procedure delegation-of-authority district-court due-process judicial-discretion plain-error probation probation-officer sentencing separation-of-powers 1. Did the district court plainly err when it delegated to a probation officer the authority to determine the duration of a residential treatment prog…
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 Question not identified.
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 In this case, petitioner contends that, for example, 1. The Rooker-Feldman doctrine, a narrow doctrine, is inapplicable to this independent action, a…
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 Right, Mr. Conte's Fourth Amendment?
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 A. Is this matter so identical to Carpenter v. United States, 138 S. Ct. 2206 (2018) that like that case, this Petition for WRIT OF CERTIORARI should …
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 Consistent with the Fourth Amendment, may a law enforcement officer extend a traffic stop by asking for a driver's license and registration after the …
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 1. As a matter of first impression, does the Fourth Amendment prevent law enforcement officers from deploying a Taser to safely arrest a suspect who v…
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 This case squarely presents two important federal questions regarding the scope of the exigent circumstances exception to the Fourth Amendment's warra…
21-7230 Gemar Morgan v. United States Sixth Circuit 2022-03-02 Denied Response WaivedIFP 4th-amendment civil-rights court-of-appeals criminal-procedure due-process judicial-review legal-standard probation sentencing sentencing-guidelines statutory-interpretation supervised-release Question not identified.
21-7227 Daniel Isaiah Thody v. United States Sixth Circuit 2022-02-28 Denied Response WaivedIFP civil-rights constitutional-challenge due-process jury-trial sentencing sentencing-procedure sixth-amendment statutory-interpretation supervised-release As a case of first impression, whether the current implementation of Supervised Release, (18 U.S.C. §3583), as a "separate sentence " in addition to t…
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 1. Whether the unconstitutional conditions tests in Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S…
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 I. Does the Fourth Amendment prohibit a warrantless protective sweep of the interior of a home following the arrest of a resident outside his home tha…
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 1. Isn 't the Fourth and Fourteenth Amendments violated when exigent circumstances are created through police officers use of unreasonable law enforce…
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 1) Did the State of OKlahome violate Petitionus Fourth and Fourtenth Amenmnt ss when they Poscuted this Ptits Crime Which happened on a fidud enclave …
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 rule in…
21-7169 Latwon James v. United States Fourth Circuit 2022-02-22 Denied Response WaivedRelisted (2)IFP appeal appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement plea-bargaining sentencing sentencing-factors supervised-release waiver I. Whether the Fourth Circuit erroneously dismissed Mr. James's appeal based on a provision in Mr. James's plea agreement waiving his right to appeal …
21-7143 Johnny Brett Gregory v. United States Eleventh Circuit 2022-02-17 Dismissed Response WaivedRelisted (2)IFP 28-usc-1651 constitutional-rights coram-nobis criminal-procedure judicial-review legal-challenge petition-rights post-conviction-relief supervised-release writ-of-certiorari Does a former federal prisoner serving a term of supervised release have a Constitutional right to avail themselves of a Writ of Coram nobis remedy un…
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 froma warrantless search, seizure, and arrest where an officer entered the residence of a …
21-7116 Victor Armando Acevedo v. United States Ninth Circuit 2022-02-15 Denied IFP criminal-law criminal-procedure defendant-rights due-process federal-rule-of-criminal-procedure federal-rules-of-criminal-procedure judicial-procedure notice sentencing supervised-release Whether, under Federal Rule of Criminal Procedure 43(a)(3), a district court can lawfully impose the thirteen "standard" supervised-release conditions…
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 1. Does the Fourth Amendment entitle police to seize all speeding motorists by shooting them, regardless of the circumstances and independently of any…
21-7103 Roger D. Ream v. Florida Florida 2022-02-11 Rehearing Response WaivedRelisted (2)IFP civil-rights due-process first-amendment internet-access liberty-interest liberty-rights packingham-v-north-carolina probation-conditions property-rights supervised-release Under the First Amendment, does a person on probation or other form of supervised release have a constitutional right to access the Internet or other…
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 1. ) Did the court err in it's HECK BARR determination? 2. ) Did the magistrate rely on fraudulent, fabricated and uncorr oborated evidence? 3. ) W…
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 L. Should the jury have been allowed to convict Mr. Darrah on the hypothetical existence of all of the elements of a RICO conspiracy? II. Did the jur…
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 being forced to suppress the cell-site information under this Courts opinion in Carpenter? Whether the Lower Courts…
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 Question not identified.
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? …
21-7073 Nathaniel Collins v. Alabama Alabama 2022-02-08 Denied Response WaivedIFP appeal constitutional-rights criminal-procedure due-process electronic-hearing in-person-hearing probation trial-court-objection video-conference virtual-hearing Whether a virtual, video conference, or other hearing that takes place using an electronic or computer medium is sufficient to meet the due process re…
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 1. Whether Thomas Steres received ineffective assistance of counsel in violation of the Sixth Amendment? 2. Whether the search of Mr. Steres' cell ph…
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 1. 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 i…
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, as private corporations and law enforce- ment agencies increasingly cooperate to investigate and prosecute retail crimes, the distinction b…
21-7041 Anthony Andrews v. Bryan K. Dobbs, Warden Fourth Circuit 2022-02-02 Denied Response WaivedIFP criminal-procedure due-process parole revocation sentencing supervised-release Question not identified.
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 1. Has the progeny of 'probable cause' and the innovations of 'exceptions' to the Fourth Amendment concerning the justification to advance in a warra…
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 Petitioner Jeremy Lillich pleaded guilty, pursuant to a conditional plea agreement, to violation of 21 U.S.C. § 841(a)(1), 21 U.S.C. § 841(b)(1)(A), 2…
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 1. Should certiorari be granted on a petitioner's claim that the deterrent purpose of the Fourth Amendment exclusionary rule does not perform its inte…
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 Question not identified.
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 Question not identified.
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 1. Whether the investigatory detention, and subsequent transportation to a new location, of an item seized from the mail intrudes on a possessory inte…
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 1) Whether additional evidence of claims occurring while a judgment is pending and immediately af ter case closure merit recall of a mandate. 2) Whe…
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 Unit ed 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 liE TItetZ ntElZE E)(1 sr A- SLIFF x cr-c-ry T E577.1SLtsli P8 - 7ri n on/ PLEA oF Gu I . L Ptiaulinrr m caw -r ON& (*I Che-rded vio La,.1-7 o Ai Cam-…
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 1. PA AmLiis alto poe bef t reac the istrict Ju twas corrected be fore his decisiow or his review the magishate cart fding. Divcew Litigtion histy was…
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 X. What is the proper standard of review when it comes to the question of a void judgment and/or a constitutional question, and/or question of law, an…
21-6884 Hermin Rodriguez-Monserrate, aka Cano, aka Canito v. United States First Circuit 2022-01-18 Denied Response WaivedIFP coronavirus-act coronavirus-aid-relief-and-economic-security-act criminal-procedure defendant-absence due-process educational-condition learning-disability sentencing sentencing-procedure supervised-release 1. Should certiorari be granted because the district court conducted Petitioner's sentence and revocation hearing in his physical absence, even though…
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 1. Whether a public school student is barred from bringing an excessive-force claim alleging a violation of his federal constitutional rights whenever…
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 This Court has held that under the Fourth Amendment police officers may not extend a traffic stop to conduct a drug sniff of a vehicle's exterior with…
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 1. Can a judge reverse a case no: to a different case no: or can the judge oversee the plaintiff motion to dismiss the counter claim with the same cas…
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 the 42 USC 1983 (4th, 14th Amendment) can protect a law abiding educated senior disable that has been abducted (arrested) after physical assau…
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 1. 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 …
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 1. Are citizen's Fourth Amendment rights impinged and Electronic Communication and Privacy Act statutes violated when police intercept private electro…
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 1. 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 …
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 1. Whether the mere presence of two cell phones in the petitioner Bernard Lindsey's home provided sufficient grounds, under the Fourth Amendment, to s…
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 reasonable "expectation of privacy" when meeting with clients in the jail attorney visitation room - thereby rendering the act…
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…
21-6745 Anthony Tyrone Garrett v. United States Fifth Circuit 2021-12-29 Denied Response WaivedIFP 18-usc-3583g 5th-amendment 6th-amendment jurisdiction supervised-release transfer-order Whether the district court for the Northern District of Texas lacked jurisdiction to revoke Garrett's supervised release when the transfer order actua…
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 1. In a 42 U.S.C. § 1983 lawsuit alleging a Franks v. Delaware violation of the Fourth Amendment, where the plaintiff has made at least one substantia…
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 1. Whether the Fourth Amendment prohibits the admission of a defendant's refusal of a blood test in an impaired-driving prosecution. 2. Whether the F…
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 a search is "consensual" under the Fourth Amendment when a police officer directly orders an individual he is detaining to submit to the searc…
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, without meaningful analysis and substantive evidence, the Eighth Circuit exceeded its scope in determining a capable of ascertainment criteri…
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 1. Whether the "principle of party presentation" articulated in Greenlaw v. United States, is violated where: (1) the prosecution defends a warrantles…
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 (DOG) TRAINED IN DRUG DETECTION, ON PRIVATE PROPERTY, WITHOUT A SEARCH WARRANT OR PROBABLE CAUSE, C…
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 1. Whether the Fourth Amendment's third-party doctrine should be overruled, limited, or held inapplicable when the government collects massive digital…
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 WHOLLY LACKING IN PROBABLE CAUSE SHOULD A REVIEWING COURT IGNORE THE FOURTH AMENDMENT ANALYSIS AND GO DIRECTLY TO A GOOD FAITH ANALYSIS PURSUANT TO UN…
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…
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 I. WHETHER, IN LIGHT OF THE COURT'S RULING IN BORDEN V. UNITED STATES, 593 U.S. _ (2021), ALVARADO'S CONVICTION UNDER 18 U.S.C. §111(a) AND (b) QUALIF…
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 1. Does the holding in Torres v. Madrid, 141 S. Ct. 989 (2021) that the torching of an individual by law enforcement to guide or restrain movement is …
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 Once objective facts have dispelled the officer's suspicions, may a person still be detained on a hunch?
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 Appedability be issued on a Fourth Amendment claim in a Habeas Corpus petition if there Las a dispute in the l.s. District Cou…
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 During a traffic stop, CONSENT TO SEARCH is the exception to the 4th Amendment Warrant Rule; Is it also retroactive forgiveness for any and all violat…
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 1. Whether respondents, Quentin T. Sumner, Calvin Woodard, Keith Stone and magistrate Kenneth Barnes, acted in a conspiracy when appellee Calvin Wooda…
21-6573 Michael Roy Sharpe v. United States Eleventh Circuit 2021-12-13 Denied Response WaivedIFP constitutional-guarantees criminal-law due-process judicial-factfinding jury-trial maximum-sentence sentencing sentencing-procedure supervised-release trial-by-jury When Congress created the novel system of supervised release for federal criminal defendants, it authorized district judges to act as factfinders and …
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…
21-6569 Jonathan Hilliam McDougal v. United States Fifth Circuit 2021-12-09 Denied Response WaivedIFP alcohol-treatment criminal-sentencing delegation-of-authority drug-treatment due-process judicial-discretion probation-terms sentencing sentencing-conditions supervised-release Whether the district court erred by ordering Mr. McDougal to undergo alcohol and drug treatment as a special condition of supervised release.
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 opinion of the Seventh Circuit Court of Appeals, deciding a constitutional issue of first impression for the Circuit, erroneously ruled th…
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 I Can state and federal agencies use private entities, as agents of the government to commits acts of unlawful search and seizure, and deprivation of …
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…
21-6525 George Patrick v. United States Sixth Circuit 2021-12-06 Denied Response WaivedIFP class-of-felony criminal-procedure error-correction felony-classification judicial-authority revocation-hearing sentencing sentencing-correction statutory-interpretation supervised-release A sentence imposed upon revocation of supervised release is governed by the class of felony determined at the time of the original sentence. 18 U.S.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 1) Whether Griffins Constitutional rights were violated by the Trial courts admittance of the evidence (e.g the firearm) at the defendants trial.
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 The police forcibly entered Merid's apartment without a warrant claiming a reasonable basis to conclude that Merid was suicidal and needed assistance …
21-6465 Andrew John Gibson v. United States Ninth Circuit 2021-12-01 Denied Response WaivedIFP appellate-review constitutional-challenge criminal-procedure due-process non-delegation-doctrine overbreadth sentencing-conditions supervised-release third-party-notification vagueness L. Must federal appellate courts adjudicate direct appeal challenges to the illegality or unconstitutionality of supervised release conditions imposed…
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 1) Re—quesshoa greseaked is whedner a veasondble Kv oined low enforcement officer could Wave concluded Nna Yo evidence ovaidde So Xe agents ol Yoo Lam…
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 QUESTION 1 : WAS THERE "REASONABLE SUSPICION" JUSTIFYING PETITIONER'S STOP AND FRISK UNDER TERRY WHEN THE OFFICERS EFFECTING THE "STOP " DID NOT OBSER…
21-6456 Terry Ray Carter v. United States Fifth Circuit 2021-11-30 Denied Response RequestedResponse WaivedRelisted (2)IFP civil-rights constitutional-vagueness due-process first-amendment overbreadth-doctrine pornographic-matter pornography supervised-release vagueness I. Does a special condition of supervised release that prohibits possession or control of "any pornographic matter" violate due process as unconstitut…
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 The issue in this case is whether a police officer who deployed a taser to stop a fleeing person on top of an eight-foot wall is entitled to qualified…
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 1. Whether the Eighth Circuit wrongly denied qualified immunity to Officer Hawkins by finding the use of force was not reasonable as a matter of law w…
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 1. Did the Us. District Court crrad in ruling that the stato court violated petitioner's Fourth, Sixth, and Fourtewth. Amendruts of the Unitad States …
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 right created by the Panied with private entities acting as state actors under the color of law, via an invalid warrantless search and seizure…
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 undertaken by the United States, of a United States citizen, pursuant to perceived authority under the Foreign Intelli…
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 to the warrant requirement established in United States v. Leon, 468 U.S. 897 (1984), apply to warrants issued in violat…
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 1. Whether Fourth Amendment reasonableness concerns have any bearing on a determination of custody under Miranda, specifically in regards to whether a…
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 This case emerged out of a road rage incident during which shots were fired. The suspect, Omil Cotto, fled the scene in a red Camaro. Officers execute…
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 1. In Carpenter v. United States, 138 S. Ct. 2206 (2018), the Court held that the government's use of an individual's historical "cell site location i…
21-6318 Michael Aaron Aldridge v. United States Fifth Circuit 2021-11-17 Denied Response WaivedIFP consecutive-sentences criminal-sentencing sentencing-guidelines statutory-interpretation substantive-reasonableness supervised-release 1. Whether the district court exceeded the statutory maximum sentence of 24 months imprisonment when it imposed five separate sentences of imprisonmen…
21-6319 Eric Martinez v. United States Tenth Circuit 2021-11-17 Denied Response RequestedResponse WaivedRelisted (2)IFP conviction crime federal-law probation sentencing state-law When federal law compels the use of state law to define and punish crime, and the state allows probation in lieu of a conviction, does federal law als…
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 After the government obtains consent to search specific information on an individual's smart phone, whether or to what extent the Fourth Amendment tol…
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 1. Whether the Minnesota Court of Appeals decision to continue the enforcement of a fraudulent and pretentious state harassment restraining order to a…
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 £*A 11 'FqiC/I/A c,1o$ji _1 CO^p/^/n^r On fi-H-O/'r'-exj /T)£ Lc^r*^^ Eroyur^, U/hes^ fh i^s eZ2and r*b d<*~ P^a rt-dClmhj <^/WZirods '? U&f*' l/fola…
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 1. Is being incarcerated a substantial denial of Petitioner's constitutional right of liberty, without "sufficient cause," without compelling reasons …
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 1. Does a claim brought under 42 U.S.C. § 1983 seeking damages for wrongful pre-trial detention caused by the fabrication of evidence accrue upon the …
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 Once an officer issues a traffic citation and tells the person he may leave, the Fourth Amendment requires consent to then delay departure to ask more…
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 (1) Whether a law enforcement officer's order to "just kinda stay here" results in a seizure under the Fourth Amendment, and whether complying with th…
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 1. Whether the "mission" of a routine traffic stop includes law enforcement requiring passengers in the vehicle to identify themselves, and to run che…
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 Can a court find voluntary "implied consent" to a warrantless home entry when the officer did not request permission to enter and was unaware of any c…
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 Petitioner sold marijuana ostensibly as part of a California state legal nonprofit cannabis collective and possessed mescaline, ostensibly as a member…
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 1. Did the trial court and Texas Court of Appeals err in their Fourth Amendment analysis, when they found that a first-time criminal snitch informant,…
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 1. When a lower Court removes a waiver and assigns counsel for appeal, then by asserting the waiver, they had removed, covers under its scope the deni…
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 Thirty-eight years ago, in United States v. Knotts, 460 U.S. 276, 285 (1983), this Court held that a person does not have a reasonable expectation of …
21-6119 Roger Edward Picard v. United States First Circuit 2021-10-28 Denied Response WaivedIFP criminal-law due-process mens-rea rehaif-v-united-states scienter sorna SORNA-registration supervised-release I. Did the First Circuit depart from this Court's decision in Rehaif v. United States, 588 U.S. ___ (2019), with respect to the presumption in favor o…
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, as the Second, Third, and Sixth Circuits have held (subject to legitimate penol…
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 in the exercise of its supervisory jurisdiction over the United States Courts, this Court should correct the correctable injustice that occurr…
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, on review of the denial of Petitioner's motion to suppress, err in holding that the search warrant affidavit provided adequate …
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 1. Whether, consistent with the Fourth Amendment to the United States Constitution, a court order directing a state agency to pick up a child is the f…
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 petitioners due process rights under the 14th Amendment regarding the recordings. Did law enforcement violate the pet…
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 The Fairfax County Police seized trash from in front of Jude Lovchik's home. The items seized were then submitted to the Virginia Department of Forens…
21-5956 Nolan Nathaniel Edwards v. United States Eleventh Circuit 2021-10-13 Denied Response WaivedIFP criminal-procedure due-process first-step-act incarceration notice resentencing sentencing-modification supervised-release I. Whether § 404 of the First Step Act allows a district court to impose a term of supervised release not previously imposed, as it was not a componen…
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 Can three or four unadorned "calls for service" to an area (1) constitute a specific and articulable fact significantly associating said area with cri…
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 1. When a law enforcement officer reasonably deploys a police K9 to restrain a fleeing suspect known to have a history of violent crime and believed t…
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 1. Does a immigrant in the United States of America, whether here legally with visa or illegally, receive Constitutionally guaranteed Rights ? 2. How…
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 In New York State, when a handgun licensee becomes the subject of a mental health report made pursuant to Mental Hygiene Law § 9.46, the state's handg…
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 I. In Riley v. California, 573 U.S. 373 (2014), this Court clarified Fourth Amendment protections for the contents of cell phones seized incident to a…
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 I. Can a court of law in the United States, whether State or Federal Court, render a decision in a court proceeding without first deciding on a questi…
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 Question not identified.
21-5848 Zackie Thomas Reed, IV v. United States Fifth Circuit 2021-10-01 Denied Response WaivedIFP black-v-romano criminal-procedure due-process fifth-circuit narcotics narcotics-violation preponderance-of-evidence preponderance-standard revocation supervised-release Whether the preponderance of the evidence standard utilized by the United States Court of Appeals for the Fifth Circuit in a supervised release revoca…
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 Question not identified.
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? Whether A Violation Of One's Fourth Amendment Rights By Sara LaRosa, et al, A…
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 where defense counsel (a) failed to file a motion to suppress (CSLI) (cell-site location information), and (b) failed to obje…
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 1. Whether the Eleventh Circuit erred in holding that the traffic stop of Petitioner was not unlawfully extended in violation of the Fourth Amendment,…
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 Many various civil rights violations, inhumane living conditions while incarcerated, illegal trials whether burying their own state investigators sign…
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 1. Whether the government conducts a search under the Fourth Amendment when it accesses a vehicle's historical GPS location records, which provide a c…
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 (1) WHETHER HIS PETITION HABEAS CORPUS IS "SECOND OF SUCCESSIVE"? (2) WHETHER THE PROCEDURAL DEFAULT RULING DECISION BY THE DISTRICT COURT ON PRIOR H…
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 This is matter is a continuance of Jamaal Gittens v Elizabeth Kelly which is currently pending in this court 19-8404. Judge Kelly transferred the stat…
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", IN ORDER TO DETERMINE IF THE PETITIONER POSSESSED ANOTHER CELLPHONE, OR CELLPHONES, CONSTITUTED AN INFR…
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 1. Whether the Fourth Amendment is violated when foreign law enforcement officials engage in wiretapping at the behest of United States officials purs…
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 Failing to file a suppression motion is not per se ineffective assistance of counsel. Kimmelman v. Morrison, 477 U.S. 365, 106 S.Ct. 2574, 91 L.Ed.2d …
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 Matthew Sherman Phillips did not receive the "effective assistance of counsel," as guaranteed by the Sixth Amendment of the United States of America's…
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 Question not identified.
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 1. Is the Fourth Circuit in violation of Supreme Court precedent and in conflict with other circuits when, in conducting a harmless error review, i…
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 …
21-5632 Eliseo Carrillo, III v. United States Fifth Circuit 2021-09-09 Denied Response WaivedIFP bureau-of-prisons criminal-law district-court due-process liberty liberty-interest mental-health sentencing supervised-release upward-departure Whether the District Court deprived the Petitioner of liberty within the terms of 18 U.S.C. 3583 (c) and (d) by upward departing in re-sentencing Peti…
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 1. a. Whether or not the petitioner had an expectation of privacy in his parked vehicle. b. If the search and seizure of the petitioner outside of his…
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 • Is the Federal Government entitled to rob peoples Bank Accounts therein? • Does Fourth (VI) Amendment protect the right of the people to be secure t…
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 in those states have reasonable suspicion under the Fourth Amendment to initiate an investigatory traffic stop, where they obs…
21-5583 Jordan Lee Bell v. United States Fifth Circuit 2021-09-07 Denied Response WaivedIFP civil-rights constitutional-vagueness criminal-sentencing due-process first-amendment pornographic-matter supervised-release unconstitutionally-vague 1. Does a special condition of supervised release that prohibits possession or control of "any pornographic matter" violate due process as unconstitut…
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 FftUomtE to ft DEFEUDfiFr AFTER HE HNS BEER TOLD -TO THRU OUBR EUzDEMCE FfiuoRA&LE To THE DEPENDENT? A ]Y)072IO a/ fiOR EUXDEHClF FftUoRBBLE TO THE D…
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 to the United States Constitution violated by trial counsel's failure to challenge the …
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 1. Whether the eleventh circuit erred in holding that no constitutional violations in Green's trial /When the police officer who investigated Greens …
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 1. Whether the Court of Appeals erred in affirming the district court's conclusion that "malicious prosecution" is a cognizable "tort" for purposes of…
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 4th AMENDMENT CLAIM Testimony giving during the November 12,2013, Suppression hearing record demonstrated NO exigent circumstances existed and NO att…
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.
21-5487 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 1. Does intercepting private electronic messages and cell phone communications without a warrant by impersonating another adult or by impersonating an…
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 1. Whether or under what circumstances the Fourth Amendment permits courts to balance the risk of harm posed by drunk driving against the intrusivenes…
21-5478 Ulises Alvarado v. United States Eighth Circuit 2021-08-25 Denied Response WaivedIFP conditions-of-release COVID-19 covid-19-test criminal-law due-process federal-law federal-procedure revocation supervised-release Is it a violation of due process for a defendant to have his supervised release revoked for declining to take a COVID-19 test that was not clearly a c…
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 Ceetificate of Appealalontith Sterting: AppEllant has Not Made A "SubstantiAl Shawing PEtition andl HIS Habeas CoRAs PEtitin that His SixthAmendment C…
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 1. Where police officers admitted that their equipment violation stop of the vehicle in which petitioner was a passenger was a pretext to conduct gang…
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 Question not identified.
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 I. Should this Court grant certiorari, vacate the Circuit's ruling, and remand for further consideration in light of Strickland v. Washington, 466 U.S…
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 1. 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 v…
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 A. Is the Fourth Amendment violated when a warrantless off-site forced entry search of a gunsafe is preceded by a warrantless seizure of the gunsafe f…
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, in light of Minnesota v. Olson, 495 U.S. 91, 96-97 (1990), the lower courts erred in holding that Payton v. New York, 445 U.S. 573 (1980) con…
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 I. Whether the Fourth Circuit erred by ruling that the record did not conclusively demonstrate any deficiencies in trial counsel's representation, and…
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 A Fourth Amendment seizure occurs when, "in view of all the circumstances surrounding the incident, a reasonable person would have believed that he wa…
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 either step of the Abbasi test, 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 PETTIONER'S INTERNET FALEBOOK PAGE AND SEEING HIS TAN AND WHITE OG WHEN THE PROSECUTOR RECEIVED THE DNA REPORT ON H/D/AOL ONE WEEK BEFORE FILING AFFID…
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 when the p is frich (tarticnitJ a metier) per, the jotrp fo iriew th…
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 In McDonald v. City of Chicago, the Court held that the Second Amendment right recognized in District of Columbia v. Heller, 554 U.S. 570 (2008), is a…
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 (1) Does the unconstitutionally vague language, stack down, as by the Court in USC 10@) Apply to 18 USC 72a¢g)(L)? (2) May a Stipulation Suffice to C…
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 1. For an otherwise lawful traffic stop for a routine traffic violation, does the stop fail the duration test of Rodriguez v. United States, 575 U.S. …
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 A) In federal districts that recognize the Rooker-Feldman fraud exception to res judicata: Shall Rooker-Feldman be arbitrarily applied? B) Shall the …
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 1. Whether a cause of action exists under Bivens for First Amendment retaliation claims. 2. Whether a cause of action exists under Bivens for claims …
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 Whether the Fourth Circuit erred in refusing to engage in a materiality analysis of the information omitted from the affidavits to determine whether t…
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…
21-5231 Shaun J. Salazar v. United States Tenth Circuit 2021-07-29 Denied Response WaivedIFP criminal-justice criminal-procedure due-process federal-law imprisonment revocation sentencing statutory-interpretation statutory-maximum supervised-release united-states-v-haymond Whether a district court may impose a revocation imprisonment term under 18 U.S.C. § 3583(e)(3) that, when combined with a defendant's initial term of…
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 The lower counts over looked The plant Statement on isty fhis appents Shrerdd v ge forwacd. the lowee couts wever reviewed the hodging Of EXIBET LLL A…
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 1. Did the Appellate Court of Illinois violate Petitioners Fourth Amendment to the U.S. Constitution, by denying his petition due to the differentiati…
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 1. When a state court grants a motion for a competency haering, but convicts a defendant without holding one, is a defendant's due process of law deni…
21-5153 Brian K. Rogers v. United States First Circuit 2021-07-21 Denied Response WaivedIFP circuit-split fifth-amendment polygraph polygraph-examination self-incrimination sex-offender-treatment supervised-release Are admissions made during a polygraph examination required by sex offender treatment compelled for purposes of the Fifth Amendment when failing the e…
21-5160 Rodney Ledell Carter v. United States Fifth Circuit 2021-07-21 Denied Response WaivedIFP criminal-procedure due-process parole sentencing sixth-amendment supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
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 1. 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 ab…
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…
21-68 Brendon Janis v. United States Eighth Circuit 2021-07-19 Denied constitutional-delegation delegation-of-authority due-process probation-officer risk-notification sentencing-guidelines supervised-release vagueness vagueness-doctrine 1. Does Standard Condition 12 unconstitutionally delegate authority to the probation officer? 2. Is Standard Condition 12 unconstitutionally vague?
21-5101 Giuseppe Viola, aka Joseph John Viola v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-07-14 Denied Response WaivedRelisted (2)IFP cares-act conditions-of-confinement criminal-law eighth-amendment federal-jurisdiction habeas-corpus restitution section-2241 supervised-release 1) Whether jurisdiction exists for presentation of grounds for relief from all custody under § 2241, challenging conditions of confinement, where conc…
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 Where Peace Officers violated Plaintiffs Fourth Amendment Rights by Forging Judge Hannah's Signature on a Warrant that allowed Erie County Offices to …
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 Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Johnson's Motion for Release on Bond pending appeal?
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 In Carpenter v United States, No. 16-402, 585 U. S. _ (2018), this court held that the Government 's acquisition of Carpenters cell-site records was a…
21-5045 Colvis Jerrod Higgins v. United States Fifth Circuit 2021-07-08 Denied Response WaivedIFP alcohol-prohibition criminal-procedure drug-treatment due-process judicial-discretion plain-error sentencing sentencing-conditions special-conditions substance-abuse supervised-release I. Did the district court plainly err when it imposed a special condition of supervised release requiring Mr. Higgins to abstain from alcohol and to a…
21-5053 Hernando Javier Vergara v. United States Eleventh Circuit 2021-07-08 Denied Response WaivedIFP 5th-amendment 6th-amendment amendment-challenge constitutional-scrutiny criminal-procedure criminal-sentencing due-process jury-trial retroactive-application retroactivity supervised-release In a previous holding (United States v Raymond , 588 U.S., 139 S.Ct._, 204 L. Ed. 2d 897 LEXIS 4398 (2019), this Court ruled that 18 U.S.C. §3583(1*;)…
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 EIGHTH CIRCUIT IMPROPERLY CONCLUDED THAT THE FOURTH AMENDMENT PERMITS THE COURT TO FIND THAT REASONABLE SUSPICION FOR A TRAFFIC STOP EXIST…
21-5030 Jonathan Mark Brinda v. United States Sixth Circuit 2021-07-07 Denied Response WaivedIFP 18-usc-3553(a) 18-usc-3553a criminal-sentencing district-court-discretion due-process excessive-sentence sentencing sentencing-considerations statutory-considerations statutory-interpretation supervised-release A. AFTER DETERMINING MR. BRINDA HAD VIOLATED THE TERMS OF HIS SUPERVISED RELEASE, THE DISTRICT COURT ERRED BY SENTENCING MR. BRINDA EXCESSIVELY BASED …
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 The lower court(s) ruled that a federal criminal statute that enforces constitutional limits on conduct by law enforcement officers, provided in relev…
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 1. Did Terrell make a substantial preliminary showing that the omissions made by Affiant from his warrant affidavit were recklessness by the proof of …
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 Question not identified.
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 1) During Mr.Orosco's trial, the State District Attorney told the jury that Mr.Orosco's Cell Phone was' "Obtained" with a warrant when it really was…
20-8477 Stephen Aguiar v. United States Second Circuit 2021-07-01 Denied Response WaivedIFP appellate-procedure article-three case-or-controversy civil-rights constitutional-law criminal-procedure due-process judicial-review sentencing standing supervised-release 1. WHETHER THE SECOND CIRCUIT WRONGLY DISMISSED PETITIONER'S PETITION AS MOOT BEFORE ALLOWING HIM THE OPPORTUNITY APPEAL TO SHOW THAT HIS APPEAL MEETS…
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 CONTARY TO CLEARLY ESTABLISHED UNITED STATES SUPREME COURT PRECEDENT? CARPENTER v. UNITED STATES, 138 S. Ct. 22…
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 1. Whether Mr. Perez's Fourth Amendment rights were violated when his motion to suppress the firearm was denied? 2. Whether Mr. Perez's Fifth Amendme…
20-8414 Cynthia Stiger v. United States Fifth Circuit 2021-06-24 Denied Response WaivedIFP alternate-jurors bias circuit-split criminal-procedure due-process health-care-fraud judicial-discretion juror-bias jury-selection restitution-liability supervised-release 1. Did the Fifth Circuit err in holding that the district court did not abuse its discretion in refusing to strike a juror during trial based on perce…
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 I. In this civil malicious prosecution claim, is it error to replace the Fourth Amendment's totality-of-the-circumstances test for probable cause as t…
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 1. Whether probable cause existed under the Fourth Amendment to the United States Constitution to detain a person suspected of soliciting sexual activ…
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 In Manuel v. City of Joliet , 137 S. Ct. 911 (2017), this Court recognized that the Fourth Amendment, not the Due Process Clause, governs claims chall…
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 1. Does the act of forcefully administering psychotropic medications to a child before trial violate the IV and VI amendments in the absence of a cour…
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 I. WHETHER, AFTER THE PETITIONER PLED GUILTY TO A DRUG CONSPIRACY AND TWO FIREARM CHARGES UNDER 18 U.S.C. § 924(0), RESULTING IN MANDATORY MINIMUM SEN…
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 Question not identified.
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 1. "WHETHER THE RESPONDENT, M. RODRIGUEZ, ET AL., EXCESSIVELY USE OF DEADLY FORCE IN USING A TASER GAS SPRAY VIOLATED PETITIONER'S RIGHTS UNDER THE (I…
20-8330 Ilmane Charone Campas Strong v. United States Fifth Circuit 2021-06-16 Denied Response WaivedIFP commerce-clause constitutional-law criminal-law criminal-procedure due-process federal-jurisdiction firearms judicial-fact-finding mandatory-minimum sixth-amendment supervised-release Whether 18 U.S.C. §922(g) permits conviction for the possession of any ammunition that has ever crossed state lines at any time in the indefinite past…
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 Question not identified.
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 1. In order for a vehicle impound to be consonant with the Fourth Amendment, must a police officer comply with established impound policies and proced…
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 1. Does City of San Jose Ordinance 30032 which requires that a landlord produce and transmit his or her business records and information to the City u…
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 1. DOES THE PRIVATE SEARCH DOCTRINE PLACE GOOGLE'S AUTOMATED ELECTRONIC SCAN OF ALL EMAIL ON ITS SYSTEM OUTSIDE THE PROTECTION OF THE FOURTH AMENDMENT…
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 this Court overrule the third-party doctrine as stated in Miller and Smith as being inconsistent with a reasonable expectation of privacy under…
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 After warrantless arrest by officers, petitioner filed 42 U.S.C section 1983 fourth amendment and fourteenth amendment claims, false imprisonment and …
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 I. DID THE MICHIGAN COURT OF APPEALS ERRONEOUSLY EXPAND THE DEFENDANT'S CONSENT TO RETRIEVE A TELEPHONE NUMBER FROM HIS SMARTPHONE INTO A CONSENT TO S…
20-8241 John Doe v. United States Fourth Circuit 2021-06-07 Denied Response WaivedRelisted (2)IFP constitutional-law criminal-procedure due-process sentencing statutory-interpretation supervised-release 139 S.ct.2369 (2019) Abrogate crcnit precedest 1n U.5. v. Ward, 770 F.3d 1069 (4+h (i2.2014) Gupy +54 Supercised Belease under 18 USC Bevocation Procc…
20-8230 Jorge De Los Santos v. United States Ninth Circuit 2021-06-04 Denied Response WaivedIFP criminal-history criminal-procedure due-process liberty-interest liberty-restriction rehabilitation sentencing-conditions sex-offender substantive-reasonableness supervised-release For a low-level sex offender (like a mere possessor of child pornography with no prior criminal history), is a supervised-release condition prohibitin…
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 The Fourth Amendment requires that a Terry stop be supported by some minimal level of objective justification for the stop. In conducting a Fourth Ame…
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 1. Should certiorari be granted where the police violated the Fourth Amendment to the United States constitution when, in a narcotics prosecution, the…
20-8194 Irvin Moreno v. DeWayne Hendrix, Warden Ninth Circuit 2021-06-02 Denied Response WaivedIFP administrative-procedure-act bureau-of-prisons drug-trafficking nonviolent-offense sentence-reduction sentencing-reduction statutory-interpretation supervised-release Did the BOP violate the plain meaning of the relevant sentencing statutes and regulations by categorically disqualifying a prisoner convicted of a non…
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 1. ) Whether the Fourth Amendment was violated under Rodriguez v. United States, 575 U.S. 348 (2015) where individual acts by police to investigate a …
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 NO. 1 WHETHER THE FOURTH AMENDMENT REQUIRES REASONABLE, ARTICULABLE SUSPICION AND PROBABLE CAUSE TO JUSTIFY A PRETEXTUAL TRAFFIC STOP? NO. 2. WHETHER…
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 1. Whether use of force that is reasonable at the moment it is employed can nonetheless violate the Fourth Amendment if the officers recklessly or del…
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 1. Whether a Federal Housing Administration (FHA) loan is an important national policy which gives license to a lender's forcible entry and seizure of…
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 Question not identified.
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 Does a sweatshirt bulge alone give an objectively reasonable and particularized suspicion to stop Bontemps?
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…
20-1656 Carmen Johnson v. United States Fourth Circuit 2021-05-27 Denied Response Waived asset-forfeiture civil-rights coram-nobis criminal-procedure due-process ineffective-assistance restitution supervised-release May an individual challenge non-custodial aspects of a criminal judgment through a petition for writ of error coram nobis?
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 1. Does the intentional use of the *67 feature to obfuscate one's phone number create a justifiable, reasonable, or a legitimate expectation of privac…
20-8121 Andy Kejadi Onwuka v. California California 2021-05-25 Denied Response WaivedIFP criminal-procedure double-jeopardy due-process probation self-incrimination sentencing I. Whether the Trial Court Violated petitioner's 5th & Fourteenth Amendment Maximum Sentence Exposure while presenting and basing he him lenient Guilt…
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 Once a Fourth Amendment violation is established, does the defendant have the burden to prove the violation was the "but for" cause of the subsequent …
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 I. As a matter of first impression in this court, pursuant to Supreme Court Rule 10(C), does an attorney 's failure to advise his client of the adver…
20-8136 Ebone Jazmine McAfee, aka Jazzy v. United States Fifth Circuit 2021-05-25 Denied Response WaivedIFP advisory-guidelines appellate-review circuit-split sentencing supervised-release supervisory-powers Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Circuit")–which affirmed two revocation sentences for violati…
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 Prosecution at the time of trial of a criminal defendant has a constitutional trial under the Fifth and Fourteenth Amendment by overseeing mandatory f…
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 Question not identified.
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 Question One: In the (a) Denial of Plaintiffs Motions, Whether "Pro Se Litigants " are Held to the Same Legal Standards as "Counseled Litigants " in l…
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 Whether "The right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizers, shall not be violat…
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 1. Whether the Court should permit the qualified immunity defense to extend to a court-invented, hypothetical and demonstrably counter-factual justifi…
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 Respondent was stopped for speeding in a residential street within the village, on a road with a 25 MPH sign going the other way, where almost all the…
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…
20-8062 Erold Martin Panopio v. United States Eleventh Circuit 2021-05-18 Denied Response WaivedIFP constitutional-rights criminal-justice criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-sentencing sentencing sentencing-reform supervised-release youthful-offender youthful-offenders I. WHETHER A NEAR TWENTY YEAR PRISON SENTENCE FOLLOWED BY A FIFTEEN YEAR TERM OF SUPERVISED RELEASE FOR A YOUTHFUL OFFENDER SUCH AS PANOPIO VIOLATES T…
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 Did the Executive Office for United States Attorneys violate petitioners' constitutional rights involved under First, Fourth, Eighth, and Fourteenth A…
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 CCuf\ 4fW- (jO li'StiVnr'ScoW\^ \*> Qo^-eJbz uocAa -fa cmJ cUV^TOV/U CoC-^ •C \J&% i v<eyvess <3^y\ Cx/\ ofifar 4o 4^ -&l<zJ■Ad°V'vc1 U<^3■0 i-s \-\- …
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, wh…
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 initially questioned and never established or proven on the record, in an arrest and prosecution resulting from an "alleged" an…
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 initially questioned and never established or proven on the record, in an arrest and prosecution resulting from an "alleged" an…
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 1. Whether respondents transgressed the Fourth and Fourteenth Amendments to the Constitution of the United States when appellees on or about December …
20-1556 Dawn Herndon v. Judy R. Upton, Warden Fifth Circuit 2021-05-10 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure equitable-considerations habeas-corpus mootness prison-release sentencing supervised-release A defendant in a federal criminal case receives a paradigmatic sentence -- a term of imprisonment, to be followed by a term of supervised release. Whi…
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 1. Texas contravenes the Due Process Clause of the U.S. Constitution on multi-count and contradicts SCOTUS. SCOTUS has yet to answer all States con…
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 1. Did the Ninth Circuit depart from this Court's decisions in Graham v. Connor, 490 U.S. 386 (1989) and Plumhoff v. Rickard, 572 U.S. 765 (2014) in d…
20-7944 Peter Bobal v. United States Eleventh Circuit 2021-05-05 Denied Response WaivedIFP circuit-split civil-rights constitutional-law due-process first-amendment internet-access sex-offender supervised-release Does the constitutional holding of Packingham v. North Carolina, 137 S. Ct. 1730 (2017) ─ which recognized a First Amendment right to access the Inter…
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 During a custodial interrogation, a police detective asked for the password to Danny Williams' cell phone, which had been seized incident to Williams'…
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 I. Florida's Prescription Drug Monitoring Program (PDMP), like PDMPs across the country, is a digital database that collects and analyzes controlled s…
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…
20-7853 Craig Allen Morgenstern v. United States Ninth Circuit 2021-04-27 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ex-post-facto fifth-amendment ineffective-assistance jury-instructions sixth-amendment statutory-elements statutory-interpretation supervised-release But for the errors of the trial court which allowed modified jury instructions that impermissibly deleted statutory elements, defendant would not have…
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 Question not identified.
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 1. Opposing Counsel in this case was the law firm of Jabar, Laliberty, and Dubord, LLC, and lead counsel for that law firm is George Jabar, son of Jus…
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 this Court should clarify the application of the Graham factors to a law enforcement officer's use of force during a call for service that doe…
20-7786 Obidiah McCaskill v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2021-04-16 Denied Response WaivedIFP civil-rights constitutional-violation due-process fair-hearing fifth-amendment florida-statutes liberty sixth-amendment supervised-release unconstitutional Petitioner, Obidiah McCaskill, Jr. request review of Florida Statutes and case law that have deprived Petitioner of his liberty and been deprived of a…
20-7763 Brian David Hill v. Virginia Virginia 2021-04-15 Denied IFP actual-innocence constitutional-rights cruel-and-unusual-punishment due-process habeas-corpus indecent-exposure procedural-defect state-custody supervised-release Where the Virginia Supreme Court didn't think that the Petition for Writ of Habeas Corpus should apply to the case of Brian David Hill being convicted…
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 I ask the Supreme Court to clarify how long the government agents, can stay on the Private spiritual property and continue to search, after the implie…
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 1. Whether the unanimous conclusion of multiple other courts of appeals suffices to clearly establish the law for purposes of qualified immunity. 2. …
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 The finding of the lower courts, where suspicion of criminal activity was clearly not "specific, individualized, and reasonable," is contrary to the S…
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, 552 U.S. 38 (2007), because the Fourth Circui…
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 1. Is a civil New York State Family Court Investigation Entry Order the equivalent of a search warrant, thereby authorizing the police to use force to…
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 1. In order the apply the "inevitable discovery rule" to uphold an otherwise illegal search and seizure is it necessary for the prosecution to prove t…
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 I. Whether certiorari should be granted to clarify that probable cause must be based on actual facts, rather than mere assumptions interposed by the c…
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 1. In applying Minnesota v. Olson, 495 U.S. 91 (1990), and Minnesota v. Carter, 525 U.S. 83 (1998), to a habeas corpus claim based on the state's unre…
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 To uphold a Terry frisk as constitutional, the First and Ninth Circuits require the frisking officer to have actually suspected that the detainee may …
20-7624 Jeremy Randolph Martin v. United States Fourth Circuit 2021-03-31 Denied Response WaivedIFP ashcroft-v-free-speech-coalition constitutional-rights due-process electronic-devices fifth-amendment first-amendment free-speech internet-monitoring supervised-release united-states-v-holena 1) Do theoconditions of petitioner's supervised release requiring petitioner to have his probation officer's prior approval to own, purchase, posses…
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 if she shoots a fleeing suspect in the back without warning after watching another officer search the sus…
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 In 2015, this Court decided the case of Rodriguez v. United States, 575 U.S. 348 (2015) [135 S.Ct. 1609, 191 L.Ed.2d 492], limiting the scope of traff…
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 1. Whether appellees acted in a conspiracy to deprive appellant of liberty or property without due process of law in violation of the Fourth and Fourt…
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 Rymer's state trial violated,Inef. Ass't. of Counsels '/Government by Due Process Cl. 1 Deprived of 6th amdt. attached counsel right by S.P.D. Kuech,…
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 Question not identified.
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 Petitioner Denis Quinette was violently attacked by a jailer at the Cobb County Jail who had a terrifying history of violence and inmate abuse.1 Despi…
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 I. A split exists within the Eighth Circuit concerning how narrowly or broadly existing precedent is to be applied in finding clearly established law …
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 Question not identified.
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 Question not identified.
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 Question not identified.
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 For the first time on appeal, Mr. Solorzano raised a Fourth Amendment claim objecting to a state order to place a tracking device on his vehicle. He c…
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 (i.e., in those in…
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 A. 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 Fou…
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 I. IN A FIRST DEGREE FELONY MURDER CASE REQUIRING LIFE IMPRISONMENT, DID THE NEBRASKA SUPREME COURT ERROR IN APPLYING THE GOOD FAITH DOCTRINE TO A SEA…
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 1. Can a search warrant issue for a private residence based solely on the uncorroborated statement of an anonymous citizen informant? 2. Is an irrebu…
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 1. Whether a search warrant ordering Facebook to hand over the defendant's entire account to law enforcement for review, without limiting either Faceb…
20-7483 Luis Andres Medel-Guadalupe v. United States Fifth Circuit 2021-03-17 Denied Response WaivedIFP article-iii delegation-of-authority inpatient-treatment outpatient-treatment probation-officer supervised-release 1. Does a district court's delegation of authority to a probation officer to determine whether a person on supervised release undergoes inpatient trea…
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 Is the presumption that warrantless searches are per se unreasonable so obvious a violation of the Fourth Amendment that the presumption gives governm…
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 In Navarette v. California, the Court held that the "absence of additional suspicious conduct"—five minutes of normal driving—did not dispel reasonabl…
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 1. Is it reasonable for law enforcement to enter a suspect's home under the exigent circumstances (fear of imminent destruction of evidence) exception…
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 Within what narrow istah does a roto- cwwx rau tragic stop arap* the subsequent observation through the- window of stopped veryca£. ftt'jeal' * irg* a…
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 Could police search the curtilage of the home — a narrow driveway wedged between two homes — merely because they wanted to look for evidence of a none…
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 when they searched him during a traffic stop had probable cause to arrest the …
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 treatmenttof the Petitioner on 5/30/17, being forced into Solitary Confinment for asserting his U.S.C.A. Const. First Amendment Unconsitutiona…
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 Question not identified.
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, under the totality-of-the circumstances test, the police officers in this case had reasonable suspicion that justified an investigative stop …
20-7313 Leonard Glen Overmyer, III v. United States Sixth Circuit 2021-03-03 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure due-process habeas-corpus ineffective-counsel judicial-discretion post-conviction-relief sentencing sentencing-error supervised-release Whether a Defendant should be allowed to seek a reduction of, or discharge from, an imposed supervised release after being improperly sentenced, and r…
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 1. Does an acquittal under a Pinkerton liability question safeguard against the acquitted conduct from being calculated into the sentencing guidelines…
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 This Court has held that when law enforcement officers are lawfully present within a private home to make an arrest, the Fourth Amendment permits a pr…
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 In the present case, a man's cell phone was searched without a warrant and the trial court ruled that the phone was abandoned and that the Defendant h…
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 Jacobsen's reasonable-expectations conclusion "does not permit" courts to consider the traditional property approach, Pet. App. 35a, or whethe…
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 narcotic detection dog on a dwelling without curtilage violates the resident's Fourth Amendment right ag…
20-7276 Russell Lawayne Montague v. United States Fifth Circuit 2021-03-01 Denied Response WaivedIFP controlled-substance criminal-procedure due-process protective-order sentencing-disparities sentencing-factors sentencing-guidelines sentencing-review supervised-release 1) Whether the district court ordered an unreasonably long 114-month prison sentence. 2) Whether the district court erred by finding Mr. Montague gui…
20-7250 Eunice Husband v. United States Seventh Circuit 2021-02-26 Denied Response WaivedIFP appellate-review criminal-procedure due-process federal-rules-of-criminal-procedure ineffective-assistance-of-counsel judicial-bias plain-error supervised-release united-states-constitution The fortcommitted Federal hule of Criminal Procedure 52 (b) Plain Error I. Bias and Abandonment of judicial role by Distict Judge Appellate Court fa…
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 where it exigency exception to t…
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 to the United States Constitution by searching a person's vehicle when the person drives…
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 1. Is the 1974 Child Welfare Act of Child Protective Services violating U.S. Citizens Constitutional Rights of the Fourth Amendment, Fourteenth Amendm…
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 1. Whether the temporal scope of the emergency doctrine governing warrantless seizures for "community caretaking" extends beyond the immediate circums…
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 1. 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 a…
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 likewise mandates that standardized criteria govern an officer's antecedent decision to impound a legally and safely park…
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 Question not identified.
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 ("Fifth Circuit")–which affirmed the District court's denial of a mot…
20-7170 In Re Abhijit Prasad 2021-02-19 Denied Relisted (2)IFP civil-procedure criminal-procedure due-process habeas-corpus judicial-review mandamus pro-se standing supervised-release Question not identified.
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 Probable cause requires facts and circumstances within an officer's knowledge establishing a fair probability that contraband or evidence of a crime w…
20-1124 Michael Don Leatherwood v. Jeorld Braggs, Jr., Warden Tenth Circuit 2021-02-17 Denied affidavit criminal-procedure due-process fair-warning ineffective-assistance judicial-discretion probation probation-conditions statutory-construction statutory-interpretation Was Petitioner subject to the release conditions of probation while he was in prison? Does the statute which defines probation as "a procedure by whi…
20-7157 David Smith-Garcia v. Paula Burke Ninth Circuit 2021-02-16 Denied Response WaivedIFP 8th-amendment bivens civil-rights constitutional-rights deliberate-indifference due-process eighth-amendment medical-care medical-need prison-healthcare probation U Indies cw\ QjnoJaV'K AfAendmtnV clWiwi (b Vq a ^enoo^ vv\€d\Ca\ need Ck<^o,\ a'SV (X deO "vS'Nen^ ConVe*V-'\r\ vde\'i bf<~afe indiW-erencc. Ov 0-…
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 Question not identified.
20-7072 Jean Denis Paul v. United States Eleventh Circuit 2021-02-09 Denied Relisted (2)IFP circuit-court double-jeopardy fairness-integrity felon-in-possession plain-error plain-error-review rehaif revocation substantial-rights supervised-release supreme-court-decision trial-record Question One: This Court held in Rehaif v. United States , 139 S. Ct. 2191 (2019) , that in a prosecution under 18 U.S.C. §§ 922(g), 924(a)(2), the go…
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 I. Mr. Nave was arrested without a warrant and without probable cause. Mr. Nave alleged that his trial counsel was ineffective for failing to object t…
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', where the Agents relied upon 2-y…
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 1) Does 26 U.S.C. §7608 (Authority of internal revenue enforcement officers) establish the relevant requisite authority of IRS agents and did Special …
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(1) for refusal to hand over an identification document vi…
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 (1) WHETHER THE STATUTE OF LIMITATIONS, UPON A § 1983 CLAIM SEEKING DAMAGES UNDER THE FOURTH AMENDMMENT FOR DEPRIVATION OF LIBERTY, CAN BE EQUITABLY T…
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 1. Whether a Search Warrant Affidavit that failed to set forth probable cause can survive meaningful scrutiny where, as here, the Affiant failed to: v…
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 covsrmcp 0*' 1- 7c» Hos^cux^ cin^^s r>^ PoaudOidABM^ 0TH6& CQiMes UjufteH The "lATfzesTrrz Coaimgacg * cuuf^r t^CA^er in& CofopiAT&K- ok oTk&f…
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 where a police officer violated a rule announced in Terry v. Ohio, under the Fourth Ame…
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 .IN APPENDIX H.PETITONER NOTICE OF APPEAL DID PETITIONE SHOW "SUFFICIENT EVIDENCE AND FACTS" OF AL THREE WITNESS'S WHO"SWEAREC UNDER OATH TO TELI THE …
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 1. Does the good faith exception to the exclusionary rule obviate an illegal seizure of CSLI? 2. Whether a state's proffer of nondiscriminatory reaso…
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 In a state that permits residents to legally carry concealed firearms while in public, whether or under what circumstances an officer's belief that a …
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 1. Whether the Fourth Amendment was violated when police searched a container on the basis that Petitioner abandoned the item without any evidence tha…
20-6977 Joshua Ryan Dorman v. United States Fifth Circuit 2021-01-28 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
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 1. Whether an accelerating fleeing driver's sudden turn deprives a threatened shooting officer of qualified immunity? 2. Whether an unintended victim…
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 it necessary, in order to prove a claim under 42 U.S.C. § 1983 for violation of the Fourteenth Amendment concerning a parent's liberty interest in …
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 1 Did a Courts erred in the opinion that petitioners writ of habeas corpus was dismissed as unauthorized and successive federal relief? 2 The Double …
20-6942 Juan Jose Camarena v. United States Ninth Circuit 2021-01-26 Denied Response WaivedIFP 18-usc-3583 5th-amendment due-process fifth-amendment gang-affiliation liberty plain-error sentencing-conditions supervised-release vagueness Is this condition of supervised release a violation of the Fifth Amendment due process right against vague conditions of release and/or a greater depr…
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, in the absence of reasonable suspicion, extend an otherwise completed traffic stop, justified only by a police officer o…
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 1. Whether the Fourth Amendment requires more stringent privacy considerations in authorizing a warrant for the seizure of a cellphone and the manner …
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 In Florida v. Wells, 495 U.S. 1 (1990), this Court held that a warrantless search of a closed container found in an impounded vehicle is permissible u…
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…
20-6923 Christopher J. Abbate v. United States Fifth Circuit 2021-01-25 Denied Response RequestedResponse WaivedRelisted (2)IFP due-process first-amendment interpretation pornography supervised-release vagueness I. Does a special condition of supervised release that prohibits possession or control of "any pornographic matter" violate due process as unconstitut…
20-6928 Timothy Ivey v. United States Fifth Circuit 2021-01-25 Denied Response WaivedIFP credibility credibility-determination due-process fifth-amendment out-of-court-identification reliability revocation revocation-hearing supervised-release (1) Does a district court violate a defendant's due process rights by relying solely on an uncorroborated, recanted, out-of-court identification to re…
20-6903 Francisco Villa v. United States Ninth Circuit 2021-01-22 Denied Response WaivedIFP child-visitation children constitutional-rights criminal-sentencing due-process mexico parental-contact personal-contact personal-liberty supervised-release 1. Whether and to what extent supervised release conditions may intrude on the Constitutional right to personal contact with one's children, by prohib…
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 1. ARE SECTION 2254, 28 U.S.C. § 2254, AND ACTUAL INNOCENCE GATEWAY CLAIM THAT GOVERN THE COMMON LAW WRIT OF HABEAS CORPUS COMMON LAW A LEGAL STANDARD…
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 L Whether, in reversing the District Court's grant of a motion to suppress drug evidence, the Court of Appeals can override the lower court's findings…
20-6883 Christopher Brent Garner v. United States Fifth Circuit 2021-01-14 Denied Response WaivedIFP appellate-procedure constitutional-challenge due-process federal-authority jury-trial legal-error sentencing sentencing-review standard-of-review supervised-release trial-by-jury Whether 18 U.S.C. §3583(g) unconstitutionally deprives federal supervised releasees of the right to trial by jury? Whether courts of appeals reviewin…
20-6888 Christina Elizabeth Pandey v. United States Fifth Circuit 2021-01-14 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
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 1. Whether a federal court is required to apply controlling state law in determining whether facts omitted from a warrant application vitiate probable…
20-6864 Brian David Hill v. United States Fourth Circuit 2021-01-13 Denied Response WaivedIFP appellate-review criminal-appeal criminal-procedure due-process jury-trial preponderance-of-evidence reasonable-doubt sixth-amendment supervised-release trial-by-jury Whether the United States Court of Appeals for the Fourth Circuit erred in failing to find that the district court erred in sentencing Petitioner by d…
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 pnd seizure pig judicially viol? ted the fourth pnd fourteenth Amendments to the United States Constitution ? Whethe…
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 SUBJECT TO A BLUE SCENE WARRANTLESS AT A CRONE TAEDRY PROPERTY 2 SEARCH UNDER ITN ABANDONE FIRST PROPOSED DF CAW: 2V2E UNDER ARTICLE = SECTEONL A OF T…
20-6808 Thomas Traficante v. United States Second Circuit 2021-01-08 Denied IFP constitutional-challenge constitutional-challenges courts-of-appeals direct-appeal due-process ripeness risk-condition second-circuit sentencing-reform-act sentencing-review supervised-release Whether the Second Circuit Court of Appeals erred, in violation of U.S. Const. V and Congress' intent to provide a streamlined scheme of sentencing re…
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 1. WHETHER THE "COMMUNITY CARETAKING" EXCEPTION TO THE FOURTH AMENDMENT'S WARRANT REQUIREMENT EXTENDS TO THE HOME? 2. WHETHER THE "COMMUNITY CARETAKI…
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 of Petitioner's residence on the b…
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 Should certiorari be granted to determine whether the court of appeals' decision not to suppress the evidence found in a warrantless vehicle search, w…
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 1. Whether the Ninth Circuit's application of the inevitable discovery exception—without requiring any factual basis to support it—is contrary to this…
20-6757 Phillip Jazir Thompson v. United States Fourth Circuit 2021-01-04 Denied Response WaivedIFP criminal-procedure criminal-sentencing due-process fugitive fugitive-status probation-law sentencing sentencing-conditions supervised-release tolling tolling-period Whether a term of supervised release is tolled during the time in which the person on supervised release is a fugitive.
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 II2 and II4 of the Original Complaint "For false arrest" …
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 beach web jlleaal under 75 Pa 05.8 65092G\I) a5 uo pull ic int eved! wads thecdened as Defendants vehide wad on private PYoperty…
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'…
20-865 In Re Todd Britton-Harr 2020-12-30 Denied 28-usc-2244 28-usc-2255 circuit-split false-statement federal-prisoners habeas-corpus section-2244 section-2255 successive-petitions supervised-release Whether 28 U.S.C. section 2244(b)(1) ("[a] claim presented in a second or successive habeas corpus application under section 2254 that was presented i…
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 1. Whether the good faith exception to the exclusionary rule under the Fourth Amendment applies where law enforcement officials knew or should have kn…
20-6715 Michael Adair Mankin v. United States Fifth Circuit 2020-12-29 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
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 I. The jurors deliberating about Larry Durant's guilt or innocence informed the trial judge they were splint eight to convict, three to acquit, with o…
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 or not a third party, Appellant, has an expectation of privacy, in terms of cell-phone data that a police officer or detective obtains, howeve…
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 Question not identified.
20-6691 Cesar Armenta Lopez v. United States Eleventh Circuit 2020-12-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment procedural-fairness sixth-amendment supervised-release united-states-v-haymond In light of the decision in United States v. Haymond , 139 S.Ct. 2369 (2019), recognizing fundamental Fifth and Sixth Amendment limits on the impositi…
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 1. Whether a suspect's flight alone, after submitting to police authority, is sufficient to establish attenuation from an illegal stop and seizure to …
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 1. Does the Fourth Amendment authorize a police officer to use deadly force against a citizen exercising her Second Amendment right to wear a holstere…
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 1. Whether probable cause or arguable probable cause exists to seek a search warrant where an officer relies upon an informant who turns himself in, a…
20-6657 Ezer Rosembel Barrientos-Osorio v. United States Fifth Circuit 2020-12-18 Denied Response WaivedIFP constitutes plain error affecting substantial rig for a defendant likely to be deported criminal-procedure deportation plain-error sentencing-guidelines substantial-rights supervised-release Where a district court commits plain error by failing to follow Section 5D1.1(c) of the United States Sentencing Guidelines by imposing, without expla…
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 lower court and relevant state bar association of a state should be conducted for the issuance of a COP in that state, lower court shall a…
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 The United States Supreme Court has held that the compelled extraction of blood from a person's body is a Fourth Amendment search. The Court has also …
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 1. How many hours of delayed mental health care is reasonable before a state actor can be held liable for deliberately indifferent or objectively unre…
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 Does the long standing commitment on U.S. Constitution Fourth and Fourteenth Amendment to right with Federal Rules of Criminal Procedure 3, 5, 5.1, 7,…
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 because reasonabl e jurists would debate whether a criminal defendant was deprived of the effective assist…
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 I WHETHER THE TRIAL COURT ABUSED ITS DISCRETION BY REFUSING TO ACCEPT THE . PETITIONER'S CLAIMS WITHOUT CONDUCTING THE PROPER SPECIFIC FACT-FINDINGS …
20-6566 Anilou Beltran Del Rio v. United States Fifth Circuit 2020-12-08 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
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 I. Whether the United States Court of Appeals for the Sixth Circuit, in denying Petitioner's appeal, resulted in a decision of an important federal qu…
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 Question One: Was the second warrantless search of the car - which followed the completed inventory search and was prompted by an officer's later-deve…
20-6513 Calvin Teko Coston v. United States Fourth Circuit 2020-12-03 Denied Response WaivedIFP constitutional-challenge due-process fifth-amendment jury-trial mandatory-imprisonment revocation sentencing-discretion sixth-amendment supervised-release united-states-v-haymond Whether 18 U.S.C. § 3583(g) violates the Fifth and Sixth Amendments by mandating the revocation of supervised release and imposition of a term of impr…
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 1. Whether the court erred in refusing to return personal property. 2. Whether a person has a constitutional right to obtain their own "personal and …
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 This Court has held that held that the use of a drug-detention canine unit after the completion of an otherwise lawful traffic stop exceeded the time …
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 Approximately 18 law-enforcement officers raided Samer Abdalla's home with what purported to be a search warrant. On the first page of the document wa…
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 1. Does the rule of Michigan v. Summers, 452 U.S. 692 (1981), which permits police officers executing a search warrant to detain occupants of a reside…
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 In a pre-Carpenter v. United States case, did the state appellate court err in extending the good faith exception to the Fourth Amendment warrant requ…
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 (1) 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 …
20-6434 Julian Madero-Diaz, aka Hector Ramon Castillo v. United States Ninth Circuit 2020-11-25 Denied Response WaivedIFP 18-usc-3583 constitutional-punishment fifth-amendment jury-trial punishment-scheme sentencing-procedure sixth-amendment supervised-release Whether a judge's decision to revoke a person's supervised release and send him to prison subjects him to an unconstitutional punishment scheme under …
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 The lower courts are in conflict about whether the Sixth Amendment's Confrontation Clause, the Fifth Amendment's Due Process Clause, or some other aut…
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 #I: Oid The State of Texas ard the Texas Criminal Court of Appeals, the State Court of last resort, err by affrming the lower trial Court and Judge Br…
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 Question not identified.
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 Question not identified.
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 law enforcement to make warrantless entry into the home of Mr. Sanders, his …
20-6359 Andrew Rey Ybaben v. United States Fifth Circuit 2020-11-17 Denied IFP appellate-jurisdiction child-pornography discretionary-conditions due-process federal-criminal-law interstate-commerce sentencing statutory-interpretation supervised-release I. Whether 18 U.S.C. §2251 authorizes conviction upon proof that materials used to produce child pornography once crossed state lines at an unspecifie…
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 May a search warrant authorize an unlimited search of all of a suspect's digital devices based on an affidavit describing the type of crime being inve…
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 1. WHETHER APPOINTED COUNSEL WAS INEFFECTIVE, FOR FAILURE TO FILE VIABLE MOTION TO SUPPRESS PURSUANT TO FOURTH AMENDMENT CLAIM UNDER: KIMMELMAN v. M…
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 1. Did the Courts erred in the opinion that petitioners DELEON WAS dismissed Muary unauthorized And successive, And denied relief oof ACEGABAL qpeuids…
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 If the courts are to regard the Constitution and the Constitution is superior to any ordinary act of the legislature, is it the Constitution, and not …
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 I. Whether the rule that a plaintiff must await favorable termination before bringing a Section 1983 action alleging unreasonable seizure pursuant to …
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 In Gerstein v. Pugh, 420 U.S. 130 (1974), this Court found a prosecutor was disqualified from making a determination of probable cause for the issuanc…
20-6285 Brittany Shanice Williams v. United States Fifth Circuit 2020-11-12 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-6292 Alonte Deshavion Richey v. United States Fifth Circuit 2020-11-12 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
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 The Petitioners allegedly operate a Colorado state legal cannabis dispensary and sold cannabis in accordance with state law. The IRS claims that altho…
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 1.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that Warrantless Arrest was not…
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 1. Whether a warrantless forensic search of a cell phone at a border port of entry is an unreasonable search. 2. Whether, in the light of the privacy…
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 1. 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 h…
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 1. Is it constitutionally unreasonable for a jail to detain for eight hours any driver arrested with probable cause for driving under the influence of…
20-6213 J. Santos Mondragon-Benitez v. United States Fifth Circuit 2020-11-05 Denied Response WaivedIFP appellate-review criminal-procedure federal-authority imprisonment-revocation plain-error reasonableness reasonableness-standard revocation sentencing-review standard-of-review supervised-release Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness?
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 1) Whether the Existence of another Adequate Remedy does preclude a Judgment for Declaratory Relief given the Facts and Law on the Record, whether t…
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 Question not identified.
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 1. The Fourth Amendment requires that police have probable cause before subjecting an individual to an arrest. Police surrounded Appellant, ordered hi…
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 1. Viewing the facts from the officers' perspective at the time of the incident, did they act reasonably, under the Fourth Amendment, when an officer …
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 1. Whether, in holding that a private citizen can lawfully search and seize the digital contents of a cell phone without a warrant, the state supreme …
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 The Fourth Circuit affirmed in part, vacated in part, and remanded the district court's dismissal over the Petitioner's, Barry Damon Mallatre, causes …
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 Question not identified.
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 1. Can the State of California condition driving upon its public highways upon a motorist's agreement to surrender Fourth Amendment rights for purpose…
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 fail to allege the essential elements of the crime charged. Does the trial court have Jur…
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 Is a wiretap order, which fails to specify the name of the person who authorized the application for such order, insufficient on its face thereby requ…
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 When an improperly performed drug-dog sniff of a vehicle fails to provide probable cause to search for contraband, but law enforcement officers search…
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 Question not identified.
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 reasonabl e under the Fourth Amendment to stop and arrest someone for carryi ng a…
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 reasonable-to-believe exception to the Fourth Amendment's warrant requirement permit searches on probable cause, reasonable suspicion or a…
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 1) Does 26 U.S.C. §7608 (Authority of internal revenue enforcement officers) establish the relevant requisite authority of IRS agents and did Special …
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 1. 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 i…
20-6102 Dontayous Tonard Cameron v. United States Eleventh Circuit 2020-10-21 Denied Response WaivedIFP 5th-amendment 6th-amendment due-process fifth-amendment parole revocation-sentence sentencing-scheme sixth-amendment statutory-maximum supervised-release Is 18 U.S.C. § 3583(e) unconstitutional as applied to Mr. Cameron because his combined initial and revocation sentences exceed the statutory maximum p…
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, 452 U.S. 692 (1981), authorizes police officers executing an arrest warrant to detain a bystander without individualized …
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 I. THE DISTRICT COURT ERRED WHEN IT DENIED MR. KETTLES' MOTION TO ADMIT EVIDENCE PURSUANT TO F.R.E. 608 AND 412 AND THE CIRCUIT T RECOGNIZED THIS ERRO…
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 1. a a federal habeas court finds a constitutional error and that error had a substantial and injurious effect or influence in determining the jury's …
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 Hobbs Act robbery is a crime of violence for purposes of 18 U.S.C. § 924(c).
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 1. The United States Court of Appeals for the Fifth Circuit granted qualified immunity reasoning facts demonstrating that a person shot and killed by …
20-502 Ken Mascara, in His Official Capacity as Sheriff of St. Lucie County, Florida, et al. v. Viola Bryant, as Personal Representative of the Estate of Gregory Vaughn Hill, Jr. Eleventh Circuit 2020-10-16 Denied civil-police-liability civil-rights due-process evidence evidence-admissibility harmless-error judicial-review police-liability probation probationary-status rules-of-evidence standard-of-review Whether this Court should adopt a more flexible standard of admissibility of evidence than what is required by Huddleston v. U.S., 485 U.S. 681 (1988)…
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…
20-6058 Lacey Renee Baxter Moore, aka Lacey Kittrell v. United States Fifth Circuit 2020-10-16 Denied Response WaivedIFP 4th-amendment criminal-procedure due-process liberty-deprivation probation probation-condition sentencing-guidelines statutory-interpretation statutory-purposes supervised-release 1) Is a standard condition of supervised release which requires a person to "permit a probation officer to visit [her] at any time athome or elsewhere…
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 (1) Where the conviction is built on perjury, the prosecution knew of Head Agent Dana McNeai and alleged victim's falsb testimony oath, and prosecutio…
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 A law enforcement officer is not entitled to qualified immunity in a § 1983 excessive force action if he violated a constitutional right which was cle…
20-6001 Antranette Canady v. United States Fifth Circuit 2020-10-13 Denied Response WaivedIFP 3583(d)(2) civil-rights criminal-procedure liberty-deprivation probation probation-condition sentencing-guidelines statutory-interpretation statutory-purposes supervised-release 1) Is a standard condition of supervised release which requires a person to "permit a probation officer to visit [her] at any time athome or elsewhere…
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 by Officer Windham by extending his detention of Reyes for over 20 minutes to allow for a canine to …
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 1. Whether the Second Circuit violated the party presentation principle articulated in United States v. Sineneng-Smith, 140 S. Ct. 1575 (2020) when, i…
20-5958 Jimmy Kit Fields v. United States Fifth Circuit 2020-10-08 Denied Response WaivedIFP alcohol-abuse criminal-sentencing due-process liberty-deprivation plain-error statutory-reasonableness supervised-release I. Whether this Court should grant certiorari to determine if it was plain error for a court to impose, without explanation, a condition of supervised…
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 I. Does a protective sweep of person's entire residence by law enforcement officers pursuant to "standard procedure" upon their entry when serving an …
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 spend his time conducting unrelated investigations, such as a dog sniff, while he is waiting for the results of a twelve minute…
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 /.s fine. Supreme CoorY c/lse \Aud J aIonj wiil) Me /4ppeA/MM Covrfs cASc Iauj 2c ~hhe d/sfricf Courts cASe UtJ, fAM rS -from MeSAme c/MricM j- Appa…
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 Question not identified.
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 1. On habeas corpus revi ew of a state-court judgment under 28 U.S.C . § 2254, di d the Di strict Court fai l to uphol d peti tioner's Si xth Amendmen…
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 1. Whether a police officer's subject ive intent should be considered in the context of a Fourth Amendment analysis involving a pretextual stop and un…
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 1. Should the Court reverse Pennsylvania v. Mimms, 434 U.S. 106, 109-10 (1977), wherein, based on "the inordinate risk confronting an officer as he ap…
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 Because of centuries of inequitable treatment at the hands of the police, must a court take into account a Black person's race when determining whethe…
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 Question not identified.
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 as a matter of law—even if they use substantial force against non-threatening suspected misdemeanan…
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 1. Should certiorari be granted because the Second Circuit Court of Appeals improperly affirmed the denial of Petitioner's Fourth Amendment suppressio…
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…
20-5711 David Smith-Garcia, fka David Garwood Atwood, II v. United States Fifth Circuit 2020-09-16 Denied Response WaivedIFP consecutive-sentences criminal-procedure fifth-circuit plain-error-review sentencing supervised-release 1. Whether the district court erred by ordering two terms of imprisonment to run consecutive in the subject third supervised release revocation procee…
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 I. biri prior 1-e rinoad-rle.aci orket.oe earmi:SSIOnt enfed- or aufliori2e. sere 6Pappe lam iszaviAdre_s -froperty ? a uo...c ;1-- /e,3cci-Por -L. cu…
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 in 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 During a hearingr.ori: a Motion to Suppress Evidence, when the State fails to carry it's burden of proof, is the remedy suppression of the evidence?…
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 Officer Austin Bass ("Officer Bass") responded to a burglar alarm and found Patrick Greve ("Greve") outside a locked and closed nightclub, wrapped in …
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 I Whether officers, in order to justify entry into a hotel room to execute an arrest warrant, must have probable cause to believe the suspect is prese…
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 (1) Whether, to obtain a search warrant authorizing the search of "any," "all" or "unknown" persons likely to be found at a residence believed to be u…
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 The Third and Seventh Circuits have held that the community caretaking exception established by Cady v. Dombrowski, 413 U.S. 433 (1973) does not apply…
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 Duri ng the early morni ng hours, a shooti ng took place in a parking lot of an apartment compl ex. The crime scene was large. There were a lot of she…
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 1) Would reasonable jurors find the district court's assessment of this petitioner's constitutional claims to be debatable or wrong, or whether his ha…
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 1.) Whether a police officer's reason for acting , in at least some circumstances , should factor into the Fourth Amendment inquiry?* 2.) Whether t…
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 I. Did Phe OmFed SPedes DisPricV CourV Deprive.d The. PeAvPiooer Access ToTbe. Coords and Id Siofe a Claim When il Departed From The Accepted and U…
20-5490 William James Payton v. United States Fifth Circuit 2020-08-25 Denied Response WaivedIFP 3583(d)(2) criminal-procedure home-visit home-visits liberty-deprivation probation-officer statutory-interpretation statutory-purposes supervised-release 1) Is a standard condition of supervised release which requires a person to "permit a probation officer to visit [him] at any time athome or elsewhere…
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 (1) Under the particular facts and circumstances of this case, did the Ninth Circuit err in finding that Massie's actions constitute an excessive use …
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 I. 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 wa…
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 Pursuant to Terry v. Ohio, 392 U.S. 1, 22 (1968) and its progeny, law enforcement officers may conduct a brief, investigative stop when, under the tot…
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 1. Where a government entity enters and takes real and personal property of its citizens under color of law based on an intentional misinterpretation…
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, 490 U.S. 386 (1989) and Plumhoff v. Rickard, 572 U.S. 765 (2014) in den…
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 Does (8 U.s.c.S9a4ca) provide For criMinal penalties TO Fesons Who possess FireArMs Absent proof that They Knew of their Felon STatUs under plaln Err…
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 DO I HAVE A FIRST AMENDMENT RIGHT TO PETITION FLORIDA'S JUDBCIIAL QUALIFICATION COMMISSION, TOE GOVERNMENT, HIM WRITING, FOSS A REDRESS OF GRIEVANCES …
20-5346 Jerry Lee Thompson v. United States Fifth Circuit 2020-08-13 Denied Response WaivedIFP civil-rights criminal-procedure due-process judicial-discretion plain-error sentencing substance-abuse-treatment supervised-release I. Does a district court commit reversible plain error when, in a sentence revoking supervised release, it imposes a condition of supervised release r…
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 1. Does an anonymous tip providing minimal physical and location descriptors and alleging ongoing domestic violence that is not corroborated when poli…
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 1) Whether, in cases wherein a statute requires judicial approval before law enforcement may conduct a search, the reviewing court, before determining…
20-5307 Rebecca H. Gallogly v. William P. Barr, Attorney General, et al. Fifth Circuit 2020-08-10 Denied Response WaivedIFP agency-responsibility civil-rights community-supervision constitutional-deprivation criminal-procedure due-process expungement probation property-rights 1. Is it a Constitutional deprivation to put a person found not guilty on community supervision or probation for the charge! or, to permit states to a…
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 AS A MATTER OF SOUND PUBLIC POLICY HAS (1) ADOPTED A RULE OF EXIGENT CIRCUMSTANCES TO ENTER A HOME WHERE: …
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 L. In a civil rights lawsuit, should a federal appellate court grant deference to a jury's conclusions of law about constitutional issues? I. While w…
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 In considering whether a search warrant affidavit is so lacking in indicia of probable cause as to render official belief in its existence entirely un…
20-5283 Mauricio Lemus v. United States Fifth Circuit 2020-08-06 Denied Response WaivedIFP burden-of-proof crime-of-violence criminal-procedure due-process preponderance-of-evidence preponderance-of-the-evidence revocation-hearing sentencing supervised-release Whether at a supervised-release revocation hearing the government must prove by a preponderance of the evidence its contention that a defendant's cond…
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 Does probable cause to believe that a small, personal-use amount of drugs is present in a home automatically also provide probable cause to search the…
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, 18 U.S.C. § 2703, which requires provider of wire or electronic communications to preserve us…
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, 132 S.Ct. 945 (2012), (placement of GPS monitoring on a vehicle and cells-site tracking withou…
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 I. Whether the Fourth Amendment exclusionary rule required suppression of evidence obtained as a result of Mr. Hargett's arrest.
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? DID THE SIXT…
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 1. Whether the Sixth Circuit Court of Appeals failed to decide an important Federal Question regarding the right of a Defendant to confront witnesses …
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 When the subject of a warrant for a routine blood draw to detect alcohol indicates he is needle-phobic and has agreed to a breath test, does the Fourt…
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 1. Whether Schuchardt has presented sufficient factual evidence of Defendants' bulk collection of e-mail to establish a prima facie case for violation…
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 I. Did the Tenth Circuit improperly focus on the knowledge and intentions of the suspect, rather than the facts knowable to the officers, in reversing…
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 Weather the 4th amendment to the constitution of the United States protects speech in my personally rented hotel room; my home for the period of ren…
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 Question not identified.
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 In United States v. Martinez-Fuerte, 428 U.S. 543 (1976), this Court held that the special need of immigration enforcement made it constitutionally pe…
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 1. ) Is impoundment of a vehicle unreasonable under the Fourth Amendment when custody of the vehicle was obtained by a misrepresentation with respect …
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 This case presents the interplay between two competing propositions of constitutional law. The first proposition is that the United States Virgin Isla…
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 The Fourth Amendment prohibits unreasonable searches and seizures, the petitioner's underlying state court case was dismissed by the trial court apply…
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 1. Whether an appellate court may, sua sponte, impute the actions of a third party to a § 1983 claimant as the sole basis for extending qualified immu…
20-5122 Maximo Flores-Lezama v. United States Ninth Circuit 2020-07-21 Denied Response WaivedIFP 18-usc-3583(e) criminal-conduct criminal-punishment due-process precedents punishment revocation sentencing statutory-interpretation supervised-release Whether a supervised release revocation sentence may be imposed to punish a defendant for his underlying criminal conduct, or whether a punitive revoc…
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 Question not identified.
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 1. Should Whren v. United States, 517 U.S. 806 (1996), be overruled for permitting unconstitutional detentions of Black Americans and people-of-color …
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 1. Can the Government compel speech without a warrant, nor a subpoena? 2. Can an attorney be held in contempt for failing to cooperate with the Govern…
20-5007 Anthony Ray Foley v. United States Fifth Circuit 2020-07-09 Denied Response WaivedIFP appellate-review appellate-standard booker-standard circuit-split due-process federal-sentencing sentencing sentencing-review standard-of-review supervised-release 1. Is the "reasonableness" standard, under United States v. Booker, 543 U.S. 220 (2005), the proper standard for appellate review of a sentence impose…
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, 127 So.3d. 562 (Fla. 4" DCA 2012), be entitled to deference by the federal courts pursuant to the Anti-Terro…
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 I. Whether the decision of the Sixth Circuit Court of Appeals in holding that the good-faith exception of Leon v. United States, 468 U.S. 897, 104 S. …
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 1. Can the world's largest pharmacy chain influence a State to fabricate evidence to achieve its monopoly goals, abridge plaintiffs rights and steal p…
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 of the United States Constitution permits police to enter a privately rented campsite without probable cause or invitatio…
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 1. Where a warrant application requested authorization to search computers "wherever located" but the warrant itself (1) stated that the application w…
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 aggrieved party have no right to appellate review of a Closed 28 U.S.C. §2241 pretrial habeas corpus civil action Challenging Pretrial Conditi…
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 A NEW INTERVENING JUDGMENT AND SENTENCE RESTARTS THE ONE YEAR STATUTE OF LIMITATIONS FOR HABEAS CORPUS PETITIONS FILED BY STATE PRISONERS? WH…
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 1. Whether Texas' Third Court of Appeals Erred by Finding that the Items Found in the Trunk of Petitioner's Car Did Not Constitute Fruit of the Poison…
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 on the theory that a police officer of an Indian tribe lacked authority to temporarily detain a…
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 I. 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 dis…
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 Question not identified.
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 I. Was a proceduval vialation due process Committed by the Cout of Appeals in failing to quant Certificate of Appealability or a an Evidentiary Hearin…
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 was the pirosented Statement made in the Newspaper hommbul evoug to wannt a mistial? 2 D (cRaytaw) Anmendent. Presene his 6tll N3) boovove Dio the De…
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 Question not identified.
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 Question 1: Do law enforcement officers have an implied license to cross the clearly marked and defined curtilage of a home to conduct a "knock and …
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 1. Did the District Court and Court of Appeals rely on inapplicable exceptions to the exclusionary rule, violating Mr. Fall's Fourth Amendment rights?…
19-8691 Jardiel Infante-Caballero v. United States Ninth Circuit 2020-06-12 Denied Response WaivedIFP 5th-amendment 6th-amendment criminal-procedure due-process sentencing supervised-release 1. Whether imposing a supervised release term —which authorizes a court to send Petitioner to prison for an additional prison term beyond the custodia…
19-8667 Diamante Alfred v. United States Ninth Circuit 2020-06-11 Denied Response WaivedIFP due-process individualized-sentencing judicial-bias judicial-discretion plea-bargaining recusal sentencing supervised-release supervision-violation 1. Does a district court fail to appropriately individualize a supervision-violation sentence where the sentence imposed is based on a "promise" made …
19-8675 Issac Oral Chandler v. United States Fifth Circuit 2020-06-11 Denied Response WaivedIFP constitutional-challenge criminal-sentencing due-process fifth-amendment jury-trial reasonable-doubt revocation sixth-amendment statutory-interpretation supervised-release Should this Court grant review to determine whether the mandatory provision for revocation of supervised release set forth in 18 U.S.C. § 3583(g) viol…
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 when no observable traffic offense was committed by Petition…
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 The Police entered Mr. Remillard's locked home and bedroom without a search warrant. The Police had reason to believe Mr. Remillard may have committed…
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 I. Rather than applying this Court's precedents, the Eleventh Circuit held that its "prior panel rule" precluded it from reaching appellant's argument…
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 In Donovan v. Dewey, this Court held that the warrantless inspection scheme in the Federal Mine Safety and Health Act of 1977 ("the Mine Act") does no…
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 1. Once it is linked to a particular subscriber, an Internet Protocol address is capable of revealing a wealth of private information about that subsc…
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 seizure of a person for a Terry stop, instead of pointing to specific, articulable facts that lead him to rea…
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 "…
19-8566 John Charles Thompson v. United States Fourth Circuit 2020-05-29 Denied Response WaivedIFP aggregate-imprisonment civil-rights criminal-procedure due-process imprisonment plain-error revocation sentencing sentencing-guidelines supervised-release Was it plain err for the Western District of North Carolina to not aggregate Mr. Thompson's multiple revocation active imprisonment sentences then red…
19-8569 Brandon S. Wilson v. United States Seventh Circuit 2020-05-29 Denied Response WaivedIFP 18-usc-3553(a) 18-usc-3553a abuse-of-discretion criminal-procedure district-court-discretion due-process procedural-error sentencing sentencing-reasonableness supervised-release 1. Is Mr. Wilson's sentence procedurally and substantively infirm because the district court failed to consider the factors under 18 USC §3553(a) or o…
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 a 42 U.S.C. §1983 civil rights action based on Fourth Amendment illegal search and seizure claims are barred under the Doctrine of Heck v. Hum…
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…
19-1301 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.
19-8504 Jose Antonio Garcia v. United States Ninth Circuit 2020-05-20 Denied Response WaivedIFP admission-of-guilt constitutional-law criminal-procedure disposition-agreement due-process judicial-discretion plea-bargaining sentencing supervised-release Whether Mr. Garcia's admission to a violation of supervised release in this matter violated due process where the district court failed to clearly inf…
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 Question not identified.
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 immunities provided and protected against seizures? Poor people from when certain seizures are prolonged to rely Does the Fourth Amendment of the…
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 The Espionage Act of 1917 was intended to prohibit interference with "Military " operations or recruitment, to prevent insubordination in the military…
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 1. How "narrow " Statute of Removal should be interpreted, especially in situations like the Petitioner 's? 2. Does, the Petitioner 's situation mee…
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 1) Whether, Wilson's Warraantless Arrest and Detention WITHOUT PROBABLE CAUSE violates the Fourth Amendment , NOT ONLY when it precedes, but also wh…
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 Question not identified.
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 1- Whether an officer's intrusion into the front and back yards of the Petitioner's residence so obviously implicated the Fourth Amendment curtilage p…
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 Why did the 4th Circuit Court of Appeals refuse the grant a rehearing or rehearing en banc? Why did the 4th Circuit Court of Appeals and the State Di…
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 I.Did the Sapreme Court of Virginia have jurisdiction to adjudicate the claims of Daniels' Motion to Vacate, based upon extrinsic Frand, and Could 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 1. Did trial court deprive the petitioner of his constitutional rights when he denied petitioner total access to the court when he denied the petition…
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 Why did the NC Court of Appeals for the 4th Circuit state that I was late filing, after the appeals' court accepted my extension request? That is why …
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, 18 U.S.C , §3301 (Commonly known as "Sneak and Peek " or the "…
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 1. 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! 2. W…
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 a "Fourth, Fifth, Sixth, and Fourteenth Amendm…
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 To conduct a warrantless forensic search of a digital device at the border, do government agents need reasonable suspicion that the device contains di…
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 1. Whether the Pennsylvania Department of Corrections Visiting policy violates the Religious Land Use and Institutionalized Person Act of 2000, U.S.C.…
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 1. Whether a public strip search of a handcuffed, detained individual suspected of a minor offense violates one's Fourth Amendment right to be free fr…
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 1. WAS THE SEARCH WARRANT FOR MR. CARRIERS HOME AND COMPUTERS RELYING ON A SINGLE TRANSACTION FROM FOUR YEARS EARLIER BASED UPON STALE INFORMATION AND…
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 If a laymen criminal defendant has presented the general and operative facts supporting Fourth, Fifth, and Fourteenth Amendment claims in the United S…
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 GIVEN A TRAFFIC STOP MADE BY THE STATE TROOPER, WHO WAS THE "DOG HANDLER" INVOLVED, WAS ACTUALLY IN THE PROCESS OF FINALIZING HIS TICKET WRITING, WHEN…
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 1. Does federal statute 18 U.S.C. § 2422(b) have an unconstitutionally vague residual clause, and has the government, District Court, or the Sixth Ci…
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 1. Why did the Supreme Court of Pennsylvania, Western District, Docket No. 474 WAL 2018, not answer any of my questions? 2. Because of the accusers'…
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 Qla. Should this Court's Carpenter decision on the amount of data collected from CSLI equate and extend to the amount of data collected from all digit…
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 In Kyllo v. United States, the Court held that "obtaining by sense-enhancing technology any information regarding the interior of the home that could …
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" long after he conducted illegal search of a vehicle to justify sai…
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 PETITIONER'S conviction is constitutional, where the search and seizure of the petitioner was without a warrant and probable cause in violatio…
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 1. 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 …
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 1. Was there sufficient evidence of probable cause to establish a nexus between Mr. Gonzalez-Arias's drug trafficking activity and his home to justify…
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 APPENDIX A11121). because there is no transcript of the probate court's hearing on Fields application we presume the court initially considered the pr…
19-8065 Reinaldo Vasquez-Rivera v. United States First Circuit 2020-03-23 Denied Response WaivedIFP appellate-review district-court-discretion guidelines-range procedural-reasonableness sentencing-factors sentencing-guidelines standard-of-review substantive-reasonableness supervised-release Question not identified.
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 1. Was the Ohio Supreme Court in error when it refused to accept jurisdiction over a matter that, like the instant petition, involves a substantial Co…
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 IS fT 'tei -ter cv o tetecrr te OJ c^OTcuv'i~ ">\rrV\^c(.e uj c VVi OcjV ol o^~V (Xv^-^vvci vvui^ V- VIv#5 _ W ^ ~VWrr^ a -for o>iVou->rV wzurt- 7
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 offic…
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 guarantee protects a right to privacy in an internet protocol ("IP") address and internet subscriber …
19-8016 Jaime Vega, aka Jimmy Johnson v. United States Ninth Circuit 2020-03-18 Denied Response WaivedIFP appeal appeals criminal-procedure district-court due-process revocation-sentence sentencing sentencing-guidelines statutory-interpretation supervised-release To what extent does 18 U.S.C. § 3553 require a district court to specifically state the reasons for imposing a revocation sentence above the guideline…
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 of the United States Constitution requires that evidence be suppressed where agents lacked probable cause to arrest two p…
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 1. Was the Ohio Supreme Court in error when it refused to accept jurisdiction over a matter that, like the instant petition, involves a substantial Co…
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 Fourth (VI) Amendment protect the right of the people to be secure therein? Does the Fifth Amendment (V) can't allowed accuser to defend himself…
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 Where a police officer has fabricated evidence against a wrongfully accused criminal defendant, does the entry of a "STET" in the criminal prosecution…
19-7944 In Re Steven Beebe 2020-03-11 Denied Relisted (2)IFP court-order double-jeopardy double-jeopardy,fifth-amendment,united-states-v-di fifth-amendment habeas-corpus legal-developments legal-precedent probation probation-condition publish-opinion united-states-v-dixon I - Whether this Court should issue a Writ of Habeas Corpus. II - Whether the Fifth Amendment Double Jeopardy holding of United States v. Dixon, 509 …
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 1) Did the warrantless search of an automobile pursuant to the automobile exception become unreasonable when police officers expanded the search beyon…
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 1. In Riley v. California, 573 U.S. 373 (2014), this Court held that the "search incident to arrest" exception to the Fourth Amendment's warrant requi…
19-7904 Jason Bonds v. United States Second Circuit 2020-03-09 Denied IFP criminal-procedure due-process fifth-amendment minnesota-v-murphy polygraph Polygraph-Examination Right-to-Remain-Silent right-to-silence self-incrimination supervised-release Whether a condition of supervised release requiring a defendant to participate in sex offender treatment that may include polygraph examinations viola…
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…
19-7838 Anthony Shockey v. United States Seventh Circuit 2020-03-03 Denied Response WaivedIFP addiction-treatment criminal-justice criminal-law criminal-procedure drug-addiction drug-test due-process parole probation sentencing-guidelines supervised-release violation-classification 1.When an addict on supervised release fails a drug test should the failure be treated as crime, a grade B violation under Sentencing Guideline § 7B1.…
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 1. Do a police officer have probable cause to search a vehicle or a box truck without a search warrant? 2. Do citizens has the protection of the Four…
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 Shortly before midnight on April 29, 2015, a bookstore clerk saw Fridoon Rawshan Nehad in an alley. Nehad, who was incoherent, pulled a knife out of h…
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 Where a search warrant particularly described a package to be searched, was the search of a completely different package illegal where that package wa…
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 1. Whether the Fourth Amendment allows an exception to its warrant requirement for so-called "community caretaking" where the alleged danger to the co…
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…
19-7712 Luis Ray Jaramillo, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-02-20 Denied IFP appeal appellate-counsel competence due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargain probation probation-revocation prosecutorial-misconduct sixth-amendment trial-counsel 1. Where Petitioner's state-trial court counsel did not pursue Petitioner's wishes, commands, and orders to file a second-perfected-appeal after Petit…
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 1. 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 b…
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…
19-1021 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.
19-1027 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 I) 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 loc…
19-7679 Jonathan Brownlee v. Keith Hearns, et al. Third Circuit 2020-02-14 Denied Response WaivedRelisted (2)IFP civil-rights criminal-procedure due-process probation-officer restitution sentencing supervised-release 1th KNowINGLy fobricating and f/ing a FAKE Supervrsed Release violatron charge against he Petthoner, which caused the Petitrorer's ijuries of loss of …
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 DRIVERS LICENSE, VEHICLE PAPERS, AND WARRANTS — with issuance of a warning traffic citati…
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 1.) Whether Mr. Guyn 's Fourth Amendment right against unreasonable searches and seizures was violated. 2.) Whether the principles of comity and fin…
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 1. Whether or under what ci rcumstances i s this Court's rul ing in Jacobsen applicabl e to computers i n that a person l oses any reasonabl e expecta…
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 s. Corto Appes appction f the discretona waiver doctrine prejidiced M. Sherod a pro e petitionn Whether under Artice of the Constittion o…
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 Question not identified.
19-7615 William E. Vukich v. Unified Judicial System of Pennsylvania Third Circuit 2020-02-10 Denied IFP appellate-review civil-rights constitutional-law criminal-procedure double-jeopardy due-process equal-protection incarceration judicial-interpretation mistrial probation sentencing Question not identified.
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 by telling motorists arrested for driving under the influ…
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 I. WHETHER ONE WHO HAS THE REQUISITE STANDING TO MOVE TO SUPPRESS BASED ON CONTENTIONS, WHICH IF VALIDATED SHOW HIS FOURTH AMENDMENT RIGHTS WERE VIOLA…
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 1). Is it legal for the Jacksonville Police Department to falsify warrants and forge a magistrate name to illegally arrest a man for 25 year old warra…
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 I. WHETHER THE DOCTRINE OF ABANDONMENT APPLIES TO PASSWORD PROTECTED CELL PHONES FOUND IN A PUBLIC PLACE? II. WHETHER THE DOCTRINE OF ABANDONMENT APP…
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 Does "exigent circumstances" needs justification when officers conducted a warrantless entry onto the curtilage unlawfully? And whether a warrantless …
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? Did T…
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 1) The crux of this Writ of Certiorari is whether Law Enforcement Authorities' engaged in tactics and procedures designed *to* Petitioner 's circumve…
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 (1) Was defendant's conduct a substantial factor in causing the victim's death or serious bodily injury, when the accident would have occurred without…
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, in determining that there was reasonable suspicion for an investigatory stop, the district court and Ninth Circuit erred by relying on factua…
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?
19-7450 George Maurice Steele v. United States Fifth Circuit 2020-01-29 Denied Response WaivedIFP confrontation confrontation-clause confrontation-right criminal-procedure due-process fifth-amendment revocation-hearing sentencing supervised-release witness-testimony Whether the district court erred by allowing testimony at the revocation hearing that violated Mr. Steele's Fifth Amendment due process right to confr…
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 1) Whether the Circumstances regarding the Founth Amendment Exslusionary Rule 20.08, thatis revolved around the obtaining, holding and exclusion of ev…
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 I. Did the Government deprive Petitioner the First Amendment Right "to petition the Government for a redress of grievances?" II. Did the Government d…
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 The affidavit for Search Warrant No. 96-166 gave no information linking the place to be searched, 911 East Medlock Drive, Phoenix, Arizona, with Rydbo…
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 Question not identified.
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 1. Whether this Court should reconsider the reasonableness of its premise in Michigan v. Long; 463 U.S. 1032 (1983), that officers could reasonably fe…
19-7433 Anthony Russell Wilson v. United States Eighth Circuit 2020-01-27 Denied Response WaivedIFP 18-usc-3583 criminal-prosecution double-jeopardy federal-sentencing fifth-amendment statutory-interpretation supervised-release united-states-v-haymond The question presented to this Court is whether Petitioner, Wilson, who suffered a criminal prosecution by way of a supervised release revocation hear…
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 In March 2017, a United States Marshal Service search of probationers and supervisees known as "Operation Spring Sweep" involved nearly 200 local, sta…
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 1. Did Petitioner have a sufficient expectation of privacy in hotel guest registration information that a warrantless demand to the innkeeper for prod…
19-7446 Enrique A. Echeverria-Benitez v. United States Fifth Circuit 2020-01-27 Denied Response WaivedIFP appellate-review criminal-procedure double-jeopardy fifth-circuit illegal-reentry plain-error retribution sentencing sentencing-guidelines supervised-release On direct appeal, Mr. Echeverria-Benitez argued his twenty-seven month sentence for illegal reentry after removal was unreasonable. Mr. Echeverria-Ben…
19-934 In Re Todd Britton-Harr 2020-01-27 Denied 28-usc-2244 28-usc-2255 circuit-split federal-prisoners habeas-corpus procedural-review second-successive-motion statutory-interpretation successive-petitions supervised-release Whether 28 U.S.C. section 2244(b)(1) ("[a] claim presented in a second or successive habeas corpus application under section 2254 that was presented i…
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 1. Review whether my Fourth Amendment right to be free from unreasonable searches and seizures was violated after I was falsely arrested, falsely i…
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" to prosecute citizens violates their 4th and 5th Amendment rights.
19-7413 Brennen Clancy v. Florida Department of Corrections, et al. Eleventh Circuit 2020-01-24 Denied Response WaivedRelisted (2)IFP circuit-court-conflict classification due-process equal-protection felony misdemeanor probation probation-department sentence-classification sentencing statutory-interpretation Can a probation department change the classification of a sentence from MISDEMEANOR to FELONY for no reason and without any due process? The 1l'h cir…
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 First, this court has held that the use of a detection device by law enforcement on a citizens person, places, or things without a warrant, which reve…
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 in response to police questioning should not alone be d…
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, in which he stated that a person was picked up by vehicle in an area known for alien smug g…
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 This case raises important issues of public interest and circuit splits that require guidance of Supreme Court of United States. 1. Does seizure, phy…
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 1. DID THE U.S. DISTRICT COURT ERROR BY NOT APPLY THE FOUR AMENDMENT EQUAL PROTECTION TO THE PETITIONER CASE WHEN HE APPLY FOR A TEMPORARY RESTRAINING…
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 when the complained of and appealed violation was a seizure of livestock on fal…
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 This case is here by upon writ of certiorari to the Supreme Court of the United States. Honoring the life, liberty and property of CORPORATION ex-rel …
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 Question not identified.
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…
19-7249 Herbert Evans v. J. Hollingsworth, Warden Third Circuit 2020-01-10 Denied Response WaivedIFP criminal-procedure due-process jurisdiction parole revocation sentencing statutory-interpretation supervised-release Illegal Sentence After Revocati Of supervised Release-Extended past Originol Sentence Expiration Date.
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 I AM ReQUesTinG FoR ReVIeW THAT -ARRESTING OFFICER DId NOT ReAd ME my MIRAnDA RIGHTS. AUd THE JURY GOT THE WRonG eviden ce 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 Question not identified.
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 Question not identified.
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 Q1. What is the appropriate appellate protocol for appellate counsel to follow when: (i) the Supreme Court has issued a new constitutional ruling affe…
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 1.) Whether, the lower courts erred by upholding the arrest of Mr. Turner? 2.) Whether the lower courts erred in denying and upholding the denial of …
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 1) Reasonable jurists would debate that appellate counsel was ineffective for failing to raise a plain error of fact material to Leon's third exceptio…
19-7165 Omar Macias-Macias v. United States Fifth Circuit 2020-01-03 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-jurisdiction appellate-ripeness circuit-split civil-rights constitutional-law criminal-procedure direct-appeal due-process finality jurisdiction justiciability legal-challenge standing supervised-release Does the doctrine of prudential ripeness allow the Court of Appeals to dismiss a defendant's timely direct appeal challenging a supervised release con…
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 I. This Court should grant review to determine whether the Fifth Circuit's standard for determining outrageous government conduct violates the Fifth A…
19-7126 Ronald Damon v. United States Third Circuit 2019-12-31 Denied Response WaivedIFP 18-usc-3583 5th-amendment appeal appellate-waiver circuit-split due-process due-process-clause plea-agreement post-conviction-waiver sentencing supervised-release Whether an appellate and post-conviction waiver in a plea agreement barring challenges to the "sentence imposed" precludes an appeal of the denial of …
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…
19-7092 Laforest Carmichael, aka LaForrest Carmichael v. United States Eleventh Circuit 2019-12-30 Denied Response WaivedIFP 18-usc-3553(a) 18-usc-3553a circuit-split mandatory-revocation sentencing-factors statutory-maximum substantive-reasonableness supervised-release Should this Court resolve the current circuit split over whether a sentencing judge must consider the 18 U.S.C. § 3553(a) sentencing factors when impo…
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 1. Whether mewly Discovened Evidence From the American socity % crime Laboratory Advise to the sate scuntficand the oNA Evidence dunng tnal, thatwas S…
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 Every year, thousands of automobiles are identified in law enforcement databases as stolen or wanted in connection with crimes. Warrants for seizure o…
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 1. Which of the widely divergent approaches amongst the circuit courts of appeal, if any, appropriately applies the doctrine arising from this Court's…
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 After the police violate an individual's Fourth Amendment rights by conducting an illegal search or seizure, does the government bear the burden of pr…
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 A magistrate judge granted Riverside police officers qualified immunity on a § 1983 unlawful arrest claim, finding there was probable cause for the ar…
19-7008 Abraham Hernandez-Zavala v. United States Ninth Circuit 2019-12-19 Denied Response WaivedIFP coram-nobis Criminal-Conviction criminal-procedure custody custody-status deportation deportation-supervised-release due-process Habeas-Corpus immigration immigration-law supervised-release writ-of-error-coram-nobis WHETHER DEPORTATION AUTHOMATICALLY ENDS AN IMMIGRANTS IMPOSED SUPERVISED RELEASE? IF COURT WAIVES COURT SUPERVISION UPON DEPORATION IS ALIEN "IN CU…
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 extraodinary circumstances of a person being lawfully evicted by PFA order by the court one day after his unlawful eviction by state em…
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 1. Whether, a purported inventory search that produces no inventory, can justify the warrantless search of automobile after its occupants have been re…
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 1. Whether Counsel was ineffective for not showing the Petitioner and or verifying to the Petitioner producted a valid search warrant, once they broke…
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 RESENTED TO THE MAGISTRATE INSUFFICIENT TO PROVE PETITIONER SNE PTI HH 1ILLIVN IS THE INDIOTMENT IN THIS CASE VALID WHEN IT WAS NOT RETARNED YA GRANd …
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 I want to void marrdige based on immig vation fraud? Kannika say shewas married to heruncle during the time she was living withme 8127/2oob, wasmy mar…
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 I. Does controlling authority from the Supreme Court in Nix v. Whiteside, 475 US 157 (1986), hold that all ineffective assistance of counsel waivers a…
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 If the sixth amendment of the us, consfitotion quarantees the accused, the right to a speedy trial, then why does the Judge and Attorney feel they hav…
19-6948 Michael Eugene Spry v. United States Fourth Circuit 2019-12-16 Denied Response WaivedIFP 18-USC-3553 criminal-procedure double-jeopardy due-process federal-courts federal-jurisdiction federal-sentencing sentencing sentencing-guidelines sentencing-reasonableness supervised-release I. WHETHER THE APPELLANT MICHAEL EUGENE SPRY'S SENTENCE WAS UNREASONABLE AS IT WAS GREATER THAN NECESSARY AND AS SUCH, FAILS TO COMPLY WITH TITLE 18, …
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 District Court erred in holding that Cunningham failed to provide evidence of racial discrimination. Whether the District Court erred in …
19-6926 Roger William Campbell, II, aka Roger William Campbell v. United States Ninth Circuit 2019-12-12 Denied Response RequestedResponse WaivedRelisted (2)IFP concurrent-sentences consecutive-sentences criminal-procedure federal-sentencing revocation sentence-revocation sentencing-guidelines supervised-release united-states-sentencing-commission Is the "stacking" of multiple consecutive sentences, upon revocation of multiple concurrent terms of supervised release, consistent with the United St…
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 I. If the barrel of a gun is not yet pointed directly at an officer, does clearly established federal law prohibit police officers from firing to stop…
19-6876 Mauricio Aguirre, aka Mauricio Aguirre-Orcutt, aka Peter Holston-Aguirre, aka Peter Holston, aka Miller Aguirre v. United States Fifth Circuit 2019-12-09 Denied Response WaivedIFP apprendi-v-new-jersey criminal-procedure due-process fifth-amendment indictment jury-trial sentencing sentencing-modification sixth-amendment supervised-release Whether a federal defendant may suffer additional imprisonment on the basis of facts that have never been placed in an indictment, nor proven to a jur…
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 1. Whether, in light of Flores-Figueroa v. United States, 556 U.S. 646 (2009), Rehaif v. United States, 139 S. Ct. 2191 (2019), and Alleyne v. United …
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 1. Did the government installation of a GPS device on a vehicle and its use of that device to monitor the car constitute a search? 2. Did trial couns…
19-6881 April Torres v. United States Fifth Circuit 2019-12-06 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion parole probation reasonableness revocation sentencing supervised-release I. Did the district court impose a plainly unreasonable revocation sentence upon Ms. Torres?
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 1. Should a wiretap that was not sealed until 30days after inter ception ended, and 21days after the order expired, be suppressed where that delay w…
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 1. Can the "Prison Mailbox Rule" announced in Houston v. Lack, 487 U.S. 266, 101 L. Ed. 2d 245, 108 S.Ct. 2379 (1988), be applied to this case to excu…
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 This case involves the impoundment and inventory search of a disabled vehicle by a law enforcement officer with an explicitly stated investigatory mot…
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 I. 1. Whether, consistent with the Second Amendment right to bear arms, police can conduct a warrantless search of a private home based on the residen…
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 1. Whether a finding of recklessness, entitling a defendant to a hearing pursuant to Franks v. Delaware, should be inferred where the omissions are cl…
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 1. 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 narc…
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…
19-6719 Mauro Castaneda Palacio v. United States Fifth Circuit 2019-11-22 Denied Response WaivedIFP 8th-amendment civil-rights criminal-procedure due-process federal-jurisdiction federal-supervised-release sentencing standing supervised-release vagueness whether the U.S. Fifth Circuit supports the conflicting whether the U.S. Fifth Circuit supports some unconstitutional and vague special conditions un…
19-6721 Christopher Ray Parrish v. United States Fourth Circuit 2019-11-22 Denied Response WaivedIFP constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi…
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 1) Whether or not the Indiana Supreme Court/Court of Appeals has entered a decision in conflict with other decision(s) previously made in the United S…
19-6692 Kenneth Robert Simpson v. United States Eighth Circuit 2019-11-20 Denied Response WaivedIFP constitutional-interpretation constitutional-rights double-jeopardy due-process fifth-amendment habeas-corpus judicial-discretion parole revocation sentencing-guidelines statutory-construction supervised-release Question not identified.
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 1. Whether jurists of reasonable mind would debate that counsel was ineffetive in violation of Sixth amendment for failure to investigate and litigat…
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 Graham v. Connor commands an officer's use of force be assessed for reasonableness under the "totality of the circumstances." 490 U.S. 386, 396 (1989)…
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 1. Does the "virtual certainty" that reopening "an ordinary cardboard box" will expose nothing beyond the private actor's earlier search, Jacobsen, 46…
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; (1) violated federal law; and (2) in doing so, violated petitioner Br…
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 (1). Whether this Court should exercise its discretionary certiorari jurisdiction and grant certiorari, vacate the judgment below, and remand the case…
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 The Eighth Circuit Court Of Appeals does not require that the conditions governing an anticipatory warrant be explicit, clear, and narrowly drawn. Doe…
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 This case involves an extraordinary, extra-statutory overreach of the Securities and Exchange Commission (SEC); a civil enforcement action taken by th…
19-6620 John Kevin Waldrip v. United States Fifth Circuit 2019-11-13 Denied Response WaivedIFP appeal criminal-procedure federal-law federal-sentencing-guidelines federal-statute fifth-circuit judicial-review sentencing sentencing-guidelines special-assessments statutory-interpretation supervised-release I. In a consolidated Appeal JOHN KEVIN WALDRIP argued that the district court erroneously applied 18 U.S.C. § 3014 when it imposed a total of $15,000 …
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 1. Police officers are entitled to qualified immunity unless they violate constitutional rights in factual situations squarely governed by controlling…
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 Cell phone? Did the Probationer's search condi…
19-6575 Dorothy Williams Elliott v. Florida Florida 2019-11-12 Denied Relisted (2)IFP civil-rights court-proceedings criminal-procedure due-process expungement ineffective-assistance-of-counsel legal-counsel plea-agreement plea-bargaining probation sentencing 1. On March 11, 2010, at the Felony Sounding Hearings The State of Florida was ready, and made the "Ore R." Why wasn't Attorney Robert L White, prepar…
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 1. Petitioner was the passenger in a vehicle stopped for a driving infraction. When Petitioner opened the glove compartment to retrieve the vehicle's …
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 The Appellant alleged that defense counsel was ineffective for failing to investigate illegal acts by Detective Burkett, which violated the Appellant'…
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 1.Is Texas Transportation Code Sect. 724.012 (b.) (3.)(B). (Texas'mandatory blood draw statute) Constitutional as applied, under the Fourth Amendment …
19-6552 Darrell Tykwan Atkinson v. United States Fourth Circuit 2019-11-07 Denied Response WaivedIFP constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi…
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 Question not identified.
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 trial courts abuse of discretion in not allowing an alleged accomplice, and sole defense witness to testify at trial for the defense violated …
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 1) Does the "closely regulated industry" exception to the Fourth Amendment apply to persons who have not chosen to involve themselves in any business …
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 1. Did the Ninth Circuit err by failing to address whether a reasonable officer in Detective Lambert's position would have objectively believed his co…
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 1. In September 2014, did a relief driver of a rental vehicle, driving with permission of the lessee, although contractually unauthorized, have standi…
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 Police officers were patrolling a residential neighborhood when they saw Petitioner walking on the sidewalk. They saw that he had something in his fro…
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 this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to visit …
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 1. Does the independent source exception to the exclusionary rule, like all other exclusionary rule exceptions, take into account the flagrancy and de…
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 under the Fourth Amendment, the "fellow officer rule" (or the collective knowledge doctrine) can be utilized in justifying a search warrant wh…
19-6314 Ralph Willard Savoie v. United States Fifth Circuit 2019-10-21 Denied Response WaivedIFP conflict-of-interest criminal-procedure due-process haymond-v-united-states parole plea-agreement precedent sentencing statutory-interpretation suborned-perjury supervised-release supreme-court supreme-court-precedent united-states-v-watts waiver-of-appeal [1] Can United States v. Watts stand in light of recent holdings in Haymond v. United States? [2] Does a waiver of appeal, in light of Garza v. Idaho…
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 laarrantless Seizure, of a vehicle is equivalent to officers Wnaoledge of an arrestee, being its Oujner ?Respondent…
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 (1) Herewith, then, the issue presented is whether the Eleventh Circuit Court of Appeals violated this Court's Fourth Amendment precedence and committ…
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 …
19-6267 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…
19-6269 Eduardo Romero Martinez v. United States Fourth Circuit 2019-10-15 Denied Response WaivedIFP constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi…
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 No. 1 Whether the District Court Violated the Fourth and Fifth Amendment; Federal jlule Criminal Procedure(Rules 3-4) When it Accepjted; an Accusation…
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, 462 U.S. 213 (1983), that the search warrant for…
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 The questions important to this case are: I. Whether Petitioner had the Fourth Amendment rights as a United States Citizen to be advised of his right…
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 1. Whether in Scott U. Harris, 550 U.S. 372 (2007) this Court announced an "exception" to the summary judgment standard in cases commenced under 42 U.…
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 g the Court to put i halt to the Intrmant systen as esteuctive and inherently Bangerons And droxen Censing the life of at jeust one aw enfoscement off…
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…
19-6177 Valerie Flores v. United States Seventh Circuit 2019-10-07 Denied Response WaivedIFP appellate-review circuit-court government-admission government-waiver plain-error plain-error-review sentencing seventh-circuit supervised-release vagueness waiver waiver-doctrine I. By Disregarding the Government's Failure to Brief a Waiver Argument, Did the Seventh Circuit Errantly Look Past the Government's Waiver of Waiver a…
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 When an agent-affiant intentionally or recklessly omits the images of purported child pornography from a search warrant application in a case alleging…
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 1. 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 …
19-6165 Ricky G. Davis v. Virginia Virginia 2019-10-04 Denied IFP 6th-amendment constitutional-rights court-appointed-counsel criminal-procedure due-process pro-se pro-se-representation probation right-to-counsel self-representation sixth-amendment standing CAN VIRGINIA CONSTITUTIONALLY HALE A PERSON INTO ITS CRIMINAL COURTS AND THERE FORCE A LAWYER UPON HIM, EVEN WHEN HE INSIST THAT HE WANTS TO CONDUCT H…
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 1. During a voluntary interaction in which the subject hands a police officer his ID, if the officer runs the subject is it an unconstitutional seizur…
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 this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to visit …
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 1) Ds tt not a vislehen of the RehKenev's 4 Ste BF and 1h Amendment rights then! a SEI Unknown officec/oPicers search ancl setee lis vehicle by enteri…
19-6048 Franklin Pillier v. Massachusetts Massachusetts 2019-09-25 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-procedure-rights due-process government-intrusion motion-to-withdraw-plea plea-bargaining plea-withdrawal probation probation-condition probation-conditions strict-scrutiny withdrawal-of-plea I. WHETHER, WHEN THE COURT ASKS A DEFENDANT IF HE IS GUILTY THIRTY-FIVE TIMES BEFORE INFORMING HIM OF THE RIGHTS HE IS FORFEITING AND THE CONSEQUENCES…
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 this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to visit …
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 (1) Does U.S. v. Knights, 534 u.s.1 12,122 s. ct.587,151 L. ed. 2d. 497 (2001) and Griffin v. Wisconsin, 483 u.s. 868,873,107 s. ct. 3164, 971, ed. 2d…
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 for the following Claims/Issues : 1, Whether fact of an Actual Loss Amount, which sets the m…
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…
19-384 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 Compelled consent - "transportation " 1. Is the Tex. TRANSP. Cope "unconstitutional, " as applied? Compelled commerce - Illegal seizure 2. Did Respon…
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 1. With a Fourth Amendment knock-and-announce violation in Petitioner's parole search, and where no case in nearly 50 years ever held that knock-and-a…
19-5962 David Tjader v. United States Seventh Circuit 2019-09-17 Denied Response WaivedIFP appellate-review circuit-court government-waiver plain-error plain-error-review sentencing supervised-release vagueness waiver waiver-doctrine I. By Disregarding the Government's Failure to Brief a Waiver Argument, Did the Seventh Circuit Errantly Look Past the Government's Waiver of Waiver a…
19-5969 Tawoine Aquil Frank Banks v. United States Second Circuit 2019-09-17 Denied Response WaivedIFP consecutive-sentences consecutive-sentencing court-of-appeals criminal-procedure due-process revocation revocation-sentence section-3624e sentencing supervised-release Did the Court of Appeals err in affirming of a supervised revocation sentence that ran consecutively to other supervised release revocation sentence?
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 A "seizure" occurs under the Fourth Amendment when, under the totality of the circumstances, "a reasonable person would believe he was not free to dec…
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 BECAUSE TRIAL COUNSEL FAILED TO ARGUE 4th CIRCUIT PRECEDENT REGARDING THE MEANING OF C…
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 WHERTHER ABICYCLE RACK THATIS ATTACHED TO THE REAR OFA VEHICLE WITR STRAPS ACCORDENLY AND CORRECTLY TOTHE MANIFACTORS INSTRUCTIONS AND NONETHELESS OBS…
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. Whether Petitioner was dep…
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 I. Whether this Court Should Clarify the Quantum Necessary for a Finding of a "Substantial Preliminary Showing" That Entitles Defendants to a Hearing …
19-5884 Kevin Carson v. United States Eighth Circuit 2019-09-10 Denied Response WaivedIFP circuit-split civil-rights constitutional-vagueness due-process first-amendment free-speech overbreadth pornography pornography-prohibition supervised-release vagueness The United States Court of Appeals for the Eighth Circuit upheld a lifetime supervised release condition prohibiting Kevin Carson from possessing or h…
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. Whether petitioner was deprived of libe…
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. Whether petitioner was deprived of libe…
19-5891 Donte Island v. United States Third Circuit 2019-09-10 Denied Response WaivedIFP circuit-split criminal-law criminal-procedure criminal-sentencing due-process imprisonment release-conditions split-circuit statutory-interpretation supervised-release tolling Whether a term of supervised release may be tolled for periods of noncompliance with release conditions (as the Third Circuit, joining one side in a m…
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 1. Did the Second Circuit err in applying District of Columbia v. Wesby, 138 S. Ct. 577 (2018), to grant qualified immunity to the police defendants w…
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 This dispute turns on the proper interpretation of the Fourth Amendment to the United States Constitution. In a jurisdiction where citizens are entitl…
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- I. Whether this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to vis…
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 1. Are the federal circuit courts and state courts of last resort analyzing and applying the inevitable discovery doctrine in a manner eviscerating th…
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 1. Was the following "clearly established law" at the time of the officer's arrest of Petitioner with a warrant: The officer made misleading and mater…
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 1. In Holland v. United States, 348 U.S. 121, 125 (1954) this Court recognized the "inherent risk" of the use of circumstantial evidence, but held tha…
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 1. Was Petitioners guilty plea sustained in violation of the Fourth Amendment, Unreasonable Search and Seizure, where law enforcement conducted a wa…
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?
19-5818 Joshua Wayne Riley v. United States Fourth Circuit 2019-09-04 Denied Response WaivedIFP civil-rights confession-reliability corroboration-requirement criminal-procedure due-process exclusionary-rule fifth-amendment miranda-rights parole-revocation supervised-release Hearings to revoke federal supervised release allow defendants to be sentenced to a new prison term based on findings of fact by only a preponderance …
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 1. Does the booking information exception to the warnings required by Miranda v. Arizona, 384 U.S. 436 (1966), apply to evidence of identity in prosec…
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, as the Eighth, Ninth, …
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 I. 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 a…
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 I. Whether this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to vis…
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 I. Whether this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to vis…
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 …
19-5766 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…
19-272 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 The "physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed." Payton v. New York, 445 U.S. 573, 58…
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 erred by admitting into evidence of the illegally obtained wiretapped tape recording of the defendant's oral conversations with th…
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 ChARkeicharles r.mcloy, inerr for aesenting an vntruth that the petitiuner Adrian Fseis willams, didnt pAR Dui to the petitroner being Denied an impAR…
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 A passenger's Fourth Amendment expectation of privacy does not emanate solely from the concept of real or personal property. It is derived from the ex…
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 Under the Fourth Amendment and Byrd v. United States, 584 U.S. (2018), may a person who operates a rental vehicle without a valid driver's license nev…
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 I. Whether a district court reviewing a motion to suppress evidence obtained pursuant to a defective search warrant may consider evidence outside the …
19-5678 John T. Beyers v. United States Eighth Circuit 2019-08-22 Denied IFP certificate-of-appealability civil-procedure civil-rights constitutional-privacy due-process eighth-circuit-review habeas-corpus pro-se pro-se-review sentencing-procedure standing supervised-release John Beyers was sentenced in part, under a statute held unconstitution, 18 USC § 3583(k). Rather than wait until this court's ruling in Haymond, as th…
19-5629 Al-Malik Fruitkwan Shabazz v. United States Second Circuit 2019-08-20 Denied Response WaivedIFP armed-career-criminal-act armed-career-criminal-act-1984 categorical-approach connecticut-general-statutes-53a-133 connecticut-robbery florida-robbery force-clause resentencing sentencing statutory-interpretation stokeling-v-united-states stokeling-vs-united-states supervised-release violent-felony I. Whether robbery under Connecticut General Statutes § 53a‐133 categorically qualifies as a "violent felony" under the force clause of the Armed Care…
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 1. Does the exception for forfeitures created by the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), Pub. L. No. 106-185, § 3, 114 Stat. 202 for pr…
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 In the middle of the night, police officers came to McLemore's home and banged on the door, demanding entry without a warrant to investigate a loud ar…
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 Is whether this Court's ruling in Arizona v. Gant, 556 U.S. 332 (2009), permitted police officers to conduct a "search incident to arrest" for only "p…
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 Question No. 1: Did the court of appeale error by cenging a kertificate a BPR0 whether the cistrc Pehtover's fecleral hebees petton Ome uwclerTatle 2 …
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 I. Whether North Carolina breaking or entering, which criminalizes, among other things, the breaking or entering into "any other structure designed to…
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 Once a police officer makes a formal custodial arrest, the Fourth Amendment permits a warrantless search incident to that arrest. See, e.g., Riley v. …
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 A search of a medical clinic pursuant to an administrative search warrant that resulted in the doctor being detained for three to four hours under cir…
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 Specifically, Chicago Police Department Badge No. JAA4 1A0eS, which was used to arrest the Petitioner was created and issued without any Statutory aut…
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 by failing to investigate and litigate a warrantless search of petitioner's …
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 (1) Are private citizens, who take over functions normally left to the state, by publishing information, on the Internet, about others from (a) courts…
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 The Court's "collateral order" doctrine permits interlocutory appeal with a two- pronged test for a government official's claim to qualified immunity:…
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 1. When a warrant is void ab initio, does the Good-Faith exception to the exclusionary rule apply? 2. Does a Network Investigative Technique (NIT) wa…
19-5468 Tara Glass v. United States Third Circuit 2019-08-06 Denied Response WaivedIFP criminal-procedure due-process ex-parte-communication ex-parte-communications fair-trial judicial-complaint judicial-integrity judicial-misconduct liberty-interest liberty-interests right-to-marry supervised-release This case presents a fascinating issue of first impression at the intersection of constitutional due process and the confidential judicial complaint r…
19-5472 Martin Avalos-Rico, aka Rolando Blanco-Garcia, aka Oscar Cruz-Tulum, aka Alejandro Tamayo v. United States Eighth Circuit 2019-08-06 Denied Response WaivedIFP circuit-split deportable-offender due-process geographic-disparity immigration immigration-sentencing reentry-offense sentencing-discretion sentencing-guidelines sentencing-reform-act supervised-release 1. Whether a district court that imposes supervised release on a deportable offender must specifically tie it to a need for deterrence or protection, …
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, when ruling on the validity of a search of a computer located in Minnesota conducted pursuant to a search war…
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 a Defendant has a primary Right of Self Representation and to Disclosure, by ithe Sat also Farottav California, Usi975) whther plainif ha all…
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 1. In light of this Court's recent decision in Rehaif v. United States, 139 S. Ct. 2191 (2019), should this Court grant certiorari, vacate the judgmen…
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, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978) forbid misleading by omission as well as misleading by comm…
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 In the context of the Fourth Amendment, this Court has characterized the voluntariness of consent to a search as "a question of fact to be determined …
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 (1)- WAS THE PETITIONER 'S FOURTH AMENEDMENT RIGHT INFRINGED UPON WHEN THE OFFICIERS CONDUCTED AN ILLEGAL SEARCH OF HIS VEHICLE ABSENT PROBABLE CAUS…
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 (1) Did THE Actions of Miss County sheriffs Department violate the Constitutional and statutes RIGHTS of Lindsey the Fourth / Fifth/Sixth and Fourteen…
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…
19-5371 In Re Mary Capri 2019-07-29 Denied Response WaivedIFP civil-procedure civil-rights criminal-procedure due-process excessive-fines fourteenth-amendment habeas-corpus miscarriage-of-justice restitution supervised-release Under this Court's precedent in Mary Capri Vs. US Attorney Financial Litigation Unit. The Petitioner was Released from Probation in 4/2016 WITHOUT Vio…
19-5355 Benny Ray Regalado v. United States Fifth Circuit 2019-07-26 Denied Response WaivedIFP 5th-amendment due-process fifth-amendment hearing-neutrality judicial-procedure neutral-hearing-body parole plea-bargaining probation probation-revocation revocation-hearing waiver-of-rights Whether a defendant waives his right, under the Due Process Clause of the Fifth Amendment, to a neutral and detached hearing body at his probation-rev…
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…
19-5326 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 following question for which the state courts are split: can law enforcement officers rely on the exigent circums…
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 all courts violated the law of the United States Constitution when they overlooked, Under the exclusionary rule violation of the 4th Amendment…
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…
19-5306 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…
19-5320 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 (1) Was Petitioner's Conviction Sustained With Insufficient Evidence Beyond A Reasonable Doubt ? (2) Did Petitioner Receive Ineffective Assistance O…
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 1. Does the "good faith exception" outlined in Illinois v. Krull 480 U.S. 340 (1987) extend to circumstances where the statute, rather than being "sub…
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 1. Whether the Fed. R as a matter of course' Responsive pleading is filed can be arbitrarily disregarded and denied?Cxim. P. 15(a) Motion 's right to …
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 1. IN RE: PORNGRAPHIC MATERIAL: PORN. PORNGRAPHIC PICTURES AND IMAGES: A) Can a pornographic conviction of Possession of Child Pornography stand where…
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. Whether Petitioner was dep…
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 1. Can an unverified tip which was the basis for a lawful search, and which was disproved during the course of the lawful search, by itself constitute…
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 1. In Rawlings v. Kentucky, 448 U.S. 98 (1980), the Court upheld, under the search-incident-to-arrest exception, a warrantless search that preceded th…
19-5201 Kenneth Medenbach v. United States Ninth Circuit 2019-07-16 Denied Response WaivedIFP 18-usc-3561 criminal-procedure criminal-sentencing criminal-sentencing-authority district-court-jurisdiction due-process jurisdiction probation probation-term sentencing-authority statutory-interpretation substantial-rights supervised-release Did the District Court err in finding that it has authority under 18 USC §3561(a)(3) to impose a sentence of six months imprisonment and a 5 year term…
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 Incorporation INaS (12 Whetther Huntington Ingalls Negligence under Vessel owner Underage Employment in 1971 2.)Nhether Ny can be pulled up in Ingall…
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 I. Whether the admission of a report authored by a non-testifying firearms examiner, and expert testimony from a substitute analyst concerning the fin…
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 I. Whether North Carolina Breaking and Entering, which criminalizes, among other things, the breaking or entering into "any other structure designed t…
19-5162 Frederick Johnson v. United States Fifth Circuit 2019-07-12 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-procedure discretionary-review plain-error plainly-unreasonable post-revocation-sentence sentencing sentencing-standard supervised-release What is the proper standard of appellate review for sentences imposed on defendants following revocation of supervised release?
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 The question of whether the District Court properly applied the statue of limitations to Rackley's habeas petition in Respondent's first order by th…
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 when there is a written po…
19-5118 Jason Paul Mathison v. Washington Washington 2019-07-09 Denied IFP collateral-attack constitutional-rights criminal-procedure due-process involuntary-plea judicial-procedure plea-agreement plea-bargaining probation sentencing sentencing-conditions time-limits treatment-program vagueness 1. Are constitutional rights of due process violated when a court imposes a condition that requires a defendant to "successfully complete" a treatme…
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 1. In a case brought under the Title VII Discrimination in Employment Act, Age Discrimination as illegal termination & harassment with police miscon…
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 A. Does the mandate announced in Sheppard v. Maxwell (1964) 384 U.S. 333 at page 362, that appellate courts, reviewing the measures taken by the trial…
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 DO TO COUNSEL'S FAILIN'G TO-OBOECT…
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 Circuit Split Despite virtually identical circumstances between this Second Circuit case and that of Cordero-Rosario , a First Circuit case, the resu…
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 I. Whether the Petitioner was denied his fundamental constitutional right(s) to Due Process of Law and Fundamental Fairness when he was denied a meani…
19-5003 Roberto Cruz-Olavarria v. United States First Circuit 2019-06-28 Denied Response WaivedIFP circuit-split criminal-procedure due-process heightened-scrutiny judicial-discretion offense-seriousness sentencing sentencing-guidelines sentencing-review statutory-maximum supervised-release 1. Whether there is a need for extensive justification and heightened scrutiny when imposing and reviewing sentences at the statutory maximum. 2. Whe…
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 Whether Outrageous Governmental Conduct claim may carry a custody simpliciter of: oath requir…
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 1) Whether or not the 7th Circuit Court of Appeals has entered a decision (May 08, 2019) in conflict with another decision previously made in the Unit…
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 1)- WHETHER PETITIONER WAS DENIED HIS FOURTH, FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS RIGHT'S SECURED BY THE UNITED STATES CONSTITUTION, AND DUE PROCE…
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 Question not identified.
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 I. 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…
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 The question presented is whether the Pennsylvania Supreme Court erred in finding that Adams was subjected to an unreasonable seizure in violation of …
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 Question not identified.
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 I. Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Washington'S Motion to Suppress the seizure of the…
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 Question not identified.
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 where counsel did not file a motion to suppress although the record indicates that police violated p…
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 1. DID THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ABUSE ITS DISCRETIONARY, BROADLY-BASED AUTHORITY OF INTERPRETATION, THUS, VIOLATING PE…
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 Andrew Layton died after Respondents, six on duty police officers working as a team, kept him in maximum restraints on his stomach for thirty minutes …
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 I. Whether the "target " of an electronic interception, whom voice was heard in intercepted conversations have "standing " as an "aggrieved person " u…
18-9701 Antoine Gause v. United States Fourth Circuit 2019-06-18 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure due-process judicial-error miscarriage-of-justice plea-agreement plea-bargaining sentencing supervised-release Whether the lower courts fundamentally erred through a mis- carriage of justice, by unconstitutionally sentencing the Petitioner to a longer sentence …
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 This case involves the attenuation doctrine set forth in Brown v. Illinois, 422 U.S. 590 (1975), in the context of consent to search given following a…
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 FOR FAILURE TO CONDUCT [A]N EVIDENTIARY HEARING PURSUANT TO 28 SECTION 2255(b) IN LIGHT OF A FACTU…
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 1. 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 …
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 1 whether fingerprints obtained from John Doe appellant should have been excluded from evidence from the product of false arrest, for no plates on out…
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 1. Is a conviction constitutionally suspect when the evidence used to convict does not meet the standards of Jackson? 2. Is a conviction constitution…
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…
18A1297 Joshua Wayne Riley v. United States Fourth Circuit 2019-06-11 Presumed Complete constitutional-protections criminal-procedure exclusionary-rule parole-revocation sixth-amendment supervised-release This case presents two important questions about the nature of supervised release revocation hearings. First, whether the exclusionary rule should app…
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 Casey Stoermer lived in a separate apartment connected to the home of Aaron Smith. On the morning of June 21, 2016, law enforcement officers went to S…
18-9567 Daniel De Leon v. United States Fifth Circuit 2019-06-06 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt supervised-release 1. Whether violations of supervised release that require or permit additional imprisonment must be proven to a jury beyond a reasonable doubt and plac…
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 or under what circumstances the Fourth Amendment permits law enforcement agents to conduct a warrantless search of the electronic signal of an…
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 1. Whether the Fourth Amendment applies to knock and talk encounters. 2. If yes, whether the Michigan Supreme Court correctly held that a predawn vis…
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 Coolidge vs. Judge Susanno C Pineda for the State of Arizona abused discretion denying Bartett's motion to suppress Petitioner arr…
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? If the legal process i…
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 Question not identified.
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…
18-1490 Court of Common Pleas of Pennsylvania, Bucks County, et al. v. Jason Piasecki Third Circuit 2019-05-30 Denied circuit-split custody federal-jurisdiction habeas-corpus in-custody probation sex-offender-registration state-court state-court-conviction state-criminal-convictions third-circuit Whether the Third Circuit Court of Appeals erroneously concluded, in conflict with all other circuit courts to have addressed this issue, that Respond…
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 I. Whether the Fourth Circuit erred by concluding that there was sufficient evidence to support Mr. Tillmon's convictions on Counts 1, 2, 48, and 49? …
18-9478 David Rothenberg v. Florida Florida 2019-05-30 Denied Response WaivedIFP affidavit constitutional-rights criminal-procedure double-jeopardy due-process mens-rea plea-bargaining probable-cause probable-cause-affidavit probation prosecutorial-misconduct 1. Is the use by the presecutor of a "probable cause affidavit" containing averments contradictory to the alleged victim's own sworn statement to char…
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 Q1A. Did New York State violate the Supremacy Clause and my right to due process when it failed to adhere to this Court's requirement for retroactive …
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 when it adjudged that Petitioner had no standing to request suppression of evidence obtained from a warran…
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 Question not identified.
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 Dr. Gene Barry was subjected to a warrantless, non-consensual, and non-exigent administrative search and seizure of his medical records via a Texas Me…
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 Supreme Court of Indiana's decision was contrary to federal precedent when it held that there was reasonable suspicion to substantiate a w…
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 When a drug-sniffing dog fails to alert as trained to but, according to its handler is behaving as if he is "in odor" of the presence of drugs, does t…
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 If the govennnent issued pretrial a subpoena to a defendant's cell phone provider for historical cell-site location information (CSLI) in order to fin…
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 Court of Appeal erred in failing to provide petitioner due process by failing to consider either explicitly or implicitly his rights in fa…
18-9427 Willie Anthony Saxby, Jr. v. United States Fourth Circuit 2019-05-28 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-prosecution dual-sovereignty due-process fair-notice federal-jurisdiction federal-state-jurisdiction pending-charges state-jurisdiction supervised-release Did the Federal Government violate the "Doctrines of Dual Sovergeinship" which exist between Federal and State jurisdictions for prosecuting an "alleg…
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 1.2-72 violates due process and equal protection and is unconstitutional as it applied to this case. The requirements are…
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 Probable cause for a search cannot be based on stale information. That is, the evidence sought must be likely to be found in the searched location at …
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 When children in the County of San Diego are temporarily removed from their parents' care based on suspicion that they have been abused or neglected, …
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 This petition presents three issues of first impression in this Court, all of which arise out of a judgment for damages under 42 U.S.C. § 1983 against…
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 When a police officer makes a lawful custodial arrest, the Fourth Amendment permits a warrantless search of the arrestee's person to protect officer s…
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 1. CAN A STATE TRIAL COURT INSTRUCT A JURY WITH AN INSTRUCTION THAT REDUCES THE FAIRNESS CONTAINED IN THE DUE PROCESS CLAUSES? 2. CAN A STATE TRIAL C…
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 police officer to seize a freestanding round of ammunition identified during a pat down conducted pursuant to Ter…
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 I.Were:appellates Fourth Amend. rights violated when his backpack searched without a bona-fide warrant under the::auspice of probation searh of Raquel…
18-9377 John Patrick Donohue v. Virginia Virginia 2019-05-22 Denied IFP civil-rights constitutional-law criminal-procedure due-process equal-protection jurisdiction parole probation sentencing standing Question not identified.
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 On May 4, 2013, Respondent Debra Gallegos was stopped at a DWI checkpoint in New Mexico. Petitioner Charles Vernier, a New Mexico State Police Officer…
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…
18A1199 Gregory Waddell Hayes v. United States Fourth Circuit 2019-05-20 Presumed Complete constitutional-protection criminal-conviction double-jeopardy federal-statute fifth-amendment supervised-release Question not identified.
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 to a warrantless search of a flash drive finding child po…
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 I. Did the Sixth Circuit Court of Appeals define the "clearly established" constitutional rights at issue in this qualified immunity case at too high …
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 Question not identified.
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, as the Tenth Circuit did in …
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 when federal law enforcement exceeds the limitations on the face of the warrant for GPS tracking to in-state monitoring and continues to monit…
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 1. Whether Defendant/Petitioner John Washek's Fourth Amendment rights were violated because the police officer's Terry stop was based on observations …
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 Murphy's Fifth, Sixth, Fourteenth Amendment rights and his Miranda were violated. Whether the court of Appeals violated Murphy's due process …
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 The warrantless impoundment of an arrested person's car is permissible only when it is "totally divorced" from any investigation of criminal activity.…
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 Question not identified.
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 1. Does the Supreme Court's decision in Riley v. California, 134 S.Ct. 2473 (2014) (regarding the warrantless search of the contents of a cell phone i…
18-9062 Derek Ray King v. United States Fifth Circuit 2019-05-01 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt sentencing supervised-release 1. Whether violations of supervised release that require or permit additional imprisonment must be proven to a jury beyond a reasonable doubt, place d…
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 1. Was the entry by law enforcement on the curtilage of the property based on an unsubstantiated tip, without consent, violative of the Fourth Amendme…
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 W…
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 cepts of tort law. A fundamental concept of tort law is joint and several liability, which shifts the burden to plausible joint tortfeasors to apporti…
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 United States Court of Appeals for the Sixth Circuit decision to deny Mr. Carter's habeas corpus relief misconstrue meritorious unresolved fac…
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 (1) Whether law enforcement can presume any concealed carry of a firearm is unlawful and conduct a Terry stop when the state statute does not criminal…
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, as the Ninth Circuit, Colo…
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 Under the Fourth Amendment, does a person have a legitimate expectation of privacy in historic or real-time cellphone tracking data (CSLI) regardless …
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 DEEMED INEFFECTIVE FOR FAILI…
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 Petitioner cites Errors by US Court of Appeals for the Fourth District clear of Eighth Amendment regarding excessive fines Tyson limbs v State of Indi…
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 I. Is the New Jersey Wiretap Statute, N.J.S.A. 2A:156A-1 et seq., unconstitutional because it permits law enforcement to intercept phone calls (both c…
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 Court of Appeals err in the application of the abstention doctrine in Younger v. Harris, 401 U.S. 37, 43 (1971) with this decision when exhibi…
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 1) dose petitioner who have lived in the U.S. for period of 14 years with proof of education and clear record of any criminal or misdemeanor charges d…
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 (1) Whether law enforcement can presume any concealed carry of a firearm is unlawful and conduct a Terry stop when the state statute does not criminal…
18-8794 Ricky Raymond Ball v. United States Eighth Circuit 2019-04-11 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process judicial-explanation manifest-injustice plea-agreement plea-bargaining supervised-release 1. Whether Mr. Ball can be held to his waiver under Fed. R. Crim. P. 11(b)(1)(N) when, rather than informing Mr. Ball of the extent to which he was wa…
18-8767 Antonio Slaton v. United States Eleventh Circuit 2019-04-10 Denied Response WaivedIFP alford-plea criminal-procedure double-jeopardy due-process evidence evidence-of-innocence federal-procedure federal-sentencing federal-supervised-release revocation-hearing supervised-release Whether a state conviction entered via an Alford plea creates an irrebuttable presumption such that a defendant in a federal supervised release revoca…
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 The Fourth Amendment permits law enforcement officers, already searching pursuant to a valid warrant, to search and seize readily apparent contraband …
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 Because Whren v. United States1/ permits pretextual traffic stops, it has become notorious for its effective legitimation of racial profiling . 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 Can the government justify a search under the inventory search exception to the Fourth Amendment's warrant requirement if no inventory log is created?
18-1282 David Lee Sanders v. Alabama Alabama 2019-04-09 Denied Response Waived constitutional-rights criminal-procedure double-jeopardy due-process illegal-plea plea-agreement plea-bargaining probation reversal sentencing speedy-trial 1. Whether a criminal defendant who pleads guilty pursuant to a negotiated plea agreement and serves a five-year, split sentence, which is subsequentl…
18-8711 Bjorn Christian Luster v. United States Eighth Circuit 2019-04-05 Denied Response WaivedIFP civil-rights criminal-record due-process family-law parole probation sentencing Cati a CO(Ar -tde~l y ô -fo cahF1& w/#<'Jiis orherd1;/J arid -N,,te, a i R5 o o n rvbJio ri 0 Pacole,,51 'y/Y becau~z Ac,aer farwf h", ior / On y CV/…
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,…
18-8700 Dorian Givens v. United States Fifth Circuit 2019-04-04 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-procedure due-process federal-sentencing judicial-discretion sentencing standard-of-review supervised-release What is the proper standard of appellate review for sentences imposed on defendants following revocation of supervised release?
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 Certiorari Review should be granted where the Florida Supreme Court affirmed the denial of Carter's Petition for Writ of Habeas Corpus by a person in …
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 1. Whether the Fourth Amendment requires the affidavit supporting a search warrant to show a nexus between the criminal activity at issue and the plac…
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 WHEN IT DISMISSES AN APPEAL, BECAUSE "IT LACKS AN ARGUABLE BASIS IN LAW OR FACT" WITHOUT FIRST PROVIDING THE PETITIONER AN…
18-8641 Willie Houston, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-01 Denied IFP constitutional-rights guilty-plea ineffective-assistance ineffective-assistance-of-counsel objective-record plea-bargaining postconviction-proceedings probation probation-eligibility record-of-trial trial-record unintelligent-waiver waiver-of-rights QUESTION ONE IN A CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL BASED ON TRIAL COUNSEL'S MISADVICE THAT PETITIONER WAS ELIGIBLE TO RECEIVE PROBATION WHE…
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 1. Whether using Cellebrite technology to download forensic digital evidence from a cell phone requires specialized or technical knowledge so that the…
18-8627 Frank Martinez v. United States Ninth Circuit 2019-03-29 Denied Response WaivedIFP disclosure fifth-amendment gardner-v-florida probation sentencing confidential-recommendation disclosure due-process fifth-amendment gardner-v-florida probation probation-officer sentencing The sentencing court failed to disclose the "Confidential Recommendation" of the Probation Officer in regards to the sentencing of the Petitioner. The…
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 in concluding that, where a suspect presented no discernable threat of physical violence and police had nothing beyond mere speculation that c…
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? Was the Petitioner's Sixth (6th) Amendment, "Right to Counsel," violated…
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 I. Where an affidavit does not support a finding of probable cause for the issuance of a search warrant, does the Fourth Amendment allow a reviewing c…
18-8558 Jorge Edwin Rivera v. United States Ninth Circuit 2019-03-26 Denied Response WaivedIFP appellate-review criminal-procedure federal-criminal-procedure federal-rules-of-criminal-procedure guidelines judicial-discretion plain-error plain-error-review sentencing sentencing-guidelines substantial-rights supervised-release When a district court imposes a term of supervised release double that of the Guidelines range without first calculating the range or providing an exp…
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 The Fourth Amendment to the Constitution provides, in part, that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, …
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 This Court has applied the U.S. v. Leon, 468 U.S. 897 (1984) good faith exception in a variety of cases to include a knock and announce violation (Hud…
18-8540 Eric David Bennett v. United States Fourth Circuit 2019-03-25 Denied Response WaivedIFP 18-usc-3742 appellate-review booker booker-standard circuit-split criminal-procedure sentencing sentencing-review standard-of-review supervised-release united-states-v-booker Whether the appropriate standard of review for a sentence following the revocation of supervised release is the "plainly unreasonable " standard once …
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, when as established by the …
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 pursu…
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 QUESTION (1): When and how should the courts be bound to the presedent set by the high Court's opinion? QUESTION (2): Is it time to re-evaluate the l…
18-8504 John Whaley v. United States Second Circuit 2019-03-21 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing due-process imprisonment procedural-reasonableness reasonableness sentencing sentencing-factors sentencing-guidelines supervised-release Whether, on remand, imposition of the same twenty-five year term of imprisonment and maximum ter superviselease was bot procurally n ubstantively rabl…
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 IT'S CURTUAGE EXTENDS 10 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 1. 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. Jardine…
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 1. When deciding the matter of a no-bail bench warrant for failure to appear, can the court allow faulty and fabricated, misdirected service-by-mail o…
18-8498 Oryan Yazzie v. United States Tenth Circuit 2019-03-20 Denied Response WaivedIFP criminal-procedure due-process guideline-range mental-health sentencing sentencing-guidelines sentencing-review substantive-reasonableness supervised-release Is a supervised release revocation sentence of a length more than double the top of the advisory Guideline range substantively unreasonable if the dis…
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 Consistent with this Court's decision in Roviaro v. United States, 353 U.S. at 60-61 (1963). When the disclosure of the name of confidential informant…
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 1.Does a search warrant which described the place to be searched and the things to be seized as "any evidence (including, all photos, videos, and/or o…
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 IM asking the Court to over look My Case, and I'm hoping oCan be dismissed. it Will the outCome of the Writ of Certiorari affect My
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 in affirming the petitioner's conviction the fourth circuit court of appeals abandoned established Supreme Court precedent when they found 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 (1) Does a secret, Foreign Intelligence Surveillance Act ("FISA") authorized computer search violate the Fourth Amendment's prohibition against gene…
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 Where one driver involved in a vehicle collision did not report to police that she observed any behavior by the other driver (Jacobi) to suggest that …
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 1. 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 pho…
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 Police officers stopped Arturo Sarli as he drove his truck. The officers had received a tip about Sarli and used their traffic-enforcement authority t…
18-8362 Pedro Rodriguez-Cortez v. United States Ninth Circuit 2019-03-11 Denied Response WaivedIFP 18-usc-3553 9th-circuit appellate-review criminal-sentencing federal-sentencing-guidelines immigration-offense sentencing-factors sentencing-guidelines sentencing-reasonableness substantive-reasonableness supervised-release Whether a combined 70-month sentence on an immigration offense and the underlying supervised release violation was substantively unreasonable?
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? WHETHER THE OFFICERS HAD PROBABLE CAUSE TO CONVERT SEIZURE INTO AN AR…
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 court below erroneously held that the physical delousing of all detainees entering the Cleveland Workhouse, whereby delousing solution was…
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 Petitioner I.B. was four years old when respondent Woodard, a state caseworker, strip-searched and photographed her at preschool. Woodard had neither …
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 1. Did the Eighth Circuit err in holding that Respondent Officer Storm was entitled to qualified immunity on the Wenzel Petitioners' claim of excessiv…
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, 540 U.S. 419 (2004), allows the police to stop a criminal suspect in the absence of reasonable suspicion on the ground th…
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 I. Because of the unique nature of a cell phone, the intrusion into the owner of the device will be ong oing as long as the device has the ability to …
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 Is the Illinois Statute effecting Post-Conviction relief to conduct an evidentiary hearing for the facts a unconstitutional denial Due Process under t…
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 1. 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 …
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 1. In its decision in the above captioned matter did the Ohio Supreme Court reverse this honorable Court's decision in Rodriguez v. United States, 135…
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 of illegal activity where the only factors present were: (1) the stop o…
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, per the Fourth Amendment and this Court's holdings in Rodriguez v. United States, 135 S.Ct. 1609, 1616 (2015) and Reid v. Georgia, 448 U.S. 4…
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 Gty Was Initially represented by counsel when he filed his § 2255, and application for a certificate of appealability The Court below along with the t…
18-8264 Guadalupe Avendano-Vasquez v. United States Eleventh Circuit 2019-03-04 Denied Response WaivedIFP appeal-waiver appellate-review civil-procedure criminal-procedure deportation due-process sentencing sentencing-guidelines supervised-release Whether an appeal waiver precludes review of the sentence of supervised release when the defendant has been deported. Whether an appeal waiver is enf…
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 Under this Court's Fourth Amendment decisions, an officer is prohibited from prolonging a traffic stop beyond its original purpose without "reasonable…
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 I. This Court should grant certiorari to resolve a split in circuit authority regarding whether it is plain error to require as a condition of supervi…
18-8187 Kelley Toney v. David Stock, Warden Illinois 2019-02-28 Denied Response WaivedIFP civil-rights constitutional-rights corrections-department due-process sentence-enhancement sentencing sentencing-procedure statutory-interpretation supervised-release 1) Shoud A CONVcd PERN b FL ANishEd A SENENING? 2) Is A SENtence Not AuthoRizEd by StAtUte Void? 3) IS AN IPRPER SENtENCE in ViOLATiON OF UNiTESAtES…
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 I. 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 t…
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 1. Whether evidence of a dangerous and violent suspect's sudden and unexpected gesture of surrender immediately and objectively terminates the deadly …
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 1. Whether the attested-as-intentional excessive and unreasonable force striking of a cooperative passenger's genitals by a TSA screener not meeting m…
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 Under the Fourth Amendment to the United States Constitution, as codified by County of Riverside v. McLaughlin, 500 U.S. 44 (1991), may law enforcemen…
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 The State of Wisconsin (like several other states) enacted their lifetime GPS monitoring law for sex offenders in 2008 and made that law retroactive t…
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 …
18-8083 Reshawn D'Arby Magnificent-El, aka Reshawn D'Arby Phillips v. United States Ninth Circuit 2019-02-22 Denied Response WaivedIFP abuse-of-discretion compliance criminal-procedure discretion district-court drug-testing due-process knowingly-used-drugs sentencing-conditions supervised-release supervised-release-conditions Whether a district court abuses its discretion in imposing a drug-testing condition on a defendant who never knowingly used drugs, and has otherwise b…
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 WHERE WITHOUT A WARRANT, AND WITHOU…
18-8048 Darnell D. Owens v. United States Sixth Circuit 2019-02-21 Denied Response WaivedIFP constitutional-interpretation criminal-history due-process federal-law historical-practice judicial-discretion propensity-evidence sixth-amendment sixth-circuit supervised-release Relying on historical practice dating back to English cases in the seventeenth century, the courts of appeals had consistently held that relying on a …
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 1. 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…
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 Is this Court's ruling in Birchfield v. North Dakota, 136 S.Ct. 2160 (2016)—that a motorist may not be criminally punished for refusing to submit to a…
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 Did the Sixth Circuit misapply this Court's authority and create a conflict among Circuits by holding that a law enforcement officer violates the Four…
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 1. Defendants requested instructions on their theory of defense, that they relied in good faith upon the professional advice of their CPAs when prepar…
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 1) 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…
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 of the Fifth and Fourteenth Amendments require that prior to the final termination of a property right/interest § 1983 …
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, AS ENUNCIATED …
18-7977 James Mowery v. United States Fifth Circuit 2019-02-14 Denied Response WaivedIFP circuit-split civil-rights constitutional-rights due-process fifth-circuit first-amendment free-speech internet-access internet-restrictions packingham-precedent packingham-v-north-carolina social-media-access standing supervised-release I. In Packingham v. North Carolina, 137 S. Ct. 1730 (2017), this Court found unconstitutional a criminal statute prohibiting sex offenders from access…
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 1. Is there a "triviality " exception to the First Amendment's and Sixth Amendment's public trial requir ement, and, if so, was a hearing regarding Go…
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 Question not identified.
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 1. On the merits and as applied to the facts and evidence in this case did specified principles of fundamental justice, including unclean hands, const…
18-7910 Richard Fuentes v. United States Fifth Circuit 2019-02-12 Denied Response WaivedIFP armed-career-criminal-act johnson-v-united-states maximum-imprisonment maximum-sentence revocation-sentence sentencing statutory-maximum substantive-reasonableness supervised-release Can a prison sentence imposed upon revocation of supervised release ever be substantively reasonable when: 1) it was authorized by virtue of the fact …
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 when instead of describing any reliable and corroborated facts about drug …
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 A. Whether use of handcuffs is permissible during a mere investigative detention, or "Terry stop," where there is a risk to officer safety. B. Whethe…
18-7857 Calvin Raymond Jones v. United States Sixth Circuit 2019-02-08 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split civil-procedure civil-rights constitutional-concerns courts-of-appeals criminal-procedure due-process retribution sentencing supervised-release Title 18 U.S.C. § 3583(e) lists the factors district courts should consider when responding to a defendant's violation of the conditions of supervised…
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 Lionel Cannon Argued in the Court below that the District Court erred in denying his motion for a Franks hearing, and that Court abused its discretion…
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, when Petitioner's first trial, in which there was no mention of cell phone testi…
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 1. Has a Fourth Amendment violation occurred, where an uninvited police officer approaches a vehicle passenger, after the passenger has exited the veh…
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 I. Does Franks v. Delaware1 analysis apply when a court opines information omitted from a warrant application is material to establishing probable c…
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, 495 U.S. 1, 4 (1990), thereby rendering the use of evi…
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 ex clusionary rule apply to uphold a search of a residence, where there is no nexus between the residence and a…
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 The warrantless impoundment of an arrested person's car must be in furtherance of "public safety" or "community caretaking functions." South Dakota v.…
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? Does the statute of limitation yield to the imperative of correcting a fundamentally unjust incarceration? …
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 Fourth(4th) Amendment rights violated due to a search and seizures? Was the petitioner Fourteenth(14th) Amendment rights violated …
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 CONSTITIONAL RIGHT TO A FAIR TRIAL AND DUE PROCESS OF LAW WHEN THE PROSECUTION DELIBERATELY W…
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 The issue is whether the court below erroneously held that the issuance of summonses under 26 U.S.C. § 7609 preempts the privacy rights of non-party c…
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 1. Should the Court revisit Birchfield v. North Dakota, __U.S._ , 195 L.Ed.2d 560 (U.S. 2016) to resolve a split in the States: does the Fourth Amendm…
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, not available to the general public, to intrude into a home or curtilage (KYLLO) without pr…
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 Question One: In the (a) Denial of Plaintiffs Motion to Amend the Complaint; (b) Dismissal of Plaintiffs Claims With and Without Prejudices; and (c) G…
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 q pIic* -c Cqzqbk Q. c -i- Sc'VE Q €S1 cr\ -th 4Zri4 Arn cr\r o
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…
18-7456 Jonathan Sebert v. United States Eighth Circuit 2019-01-18 Denied Response WaivedIFP constitutional-rights criminal-sentencing due-process erotica first-amendment free-speech free-speech 18-7455" overbreadth overbroad overbroad-condition Question not identified. supervised-release vague vagueness WHETHER THE SPECIAL CONDITION OF SUPERVISED RELEASE IMPOSED UPON MR. SEBERT, WHICH (FOR EXAMPLE) WOULD PREVENT HIM FROM SHOPPING AT WAL-MART BECAUSE I…
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 CJcS Lk& • 1 A elk Ci L c• 1 4ri. cr Ott e/ t rrQ\J~r ma 4,,~X3 . • o .
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 to justifies search for weapons several minutes later; whether overt submission to and facil…
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 Under Rodriguez v. United States, 135 S. Ct. 1609 (2015), a police officer may not prolong a traffic stop beyond the time required to complete the mis…
18-7418 Derrick T. Seals v. United States Eighth Circuit 2019-01-15 Denied Response WaivedIFP 851-enhancement ambiguous-plea contract criminal-procedure due-process enhancement government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing sentencing-enhancement sentencing-guidelines supervised-release Did government breach plea agreement/contract when defendant never agreed to. enhancement? Was Defendant mislead into plea agreement provisions inclu…
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 1. Does the good faith exception to the exclusionary rule allow use at trial of CSLI illegally seized by a prosecutor prior to this Court's decision i…
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 L. WHETHER THE TRIAL COURT WITN OBLINK AGENC ___ MS. TENNTE ROWEN, DENTED P TONER HIS DUE PROCESS OF LAV On [UTIONAL RIGHTS AY R NG TO ALLOW HIM AN I…
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 Where a police officer initiates a stop of an individual pursuant to Terry v. Ohio and pats down the outer clothing of the individual and feels an obj…
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…
18-863 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…
18-7248 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 Is a trial by jury a necessary right of the litigant in any civil matter before a federal Court where the legal conclusion remains unresolved when bot…
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 A police officer "seizes" a person under the Fourth Amendment if he makes a request that a reasonable person would not feel free to refuse, and the pe…
18-7228 Dashawn D. Brown v. United States Fourth Circuit 2019-01-04 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-sufficiency excited-utterance excited-utterances hearsay hearsay-evidence prior-identification residual-hearsay-exception sentencing sentencing-error supervised-release 1. WHETHER THE SENTENCING COURT ERRED IN ADMITTING HEARSAY STATEMENTS AS EXCITED UTTERANCES. 2. WHETHER THE COURT ERRED IN ADMITTING HEARSAY STATEMEN…
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 The issue is whether the court below erroneously held that the issuance of summonses under 26 U.S.C. § 7609 preempts the privacy rights of non-party c…
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. Whether Petitioner was deprived of liber…
18-7196 Edward Allen McElroy v. United States Ninth Circuit 2018-12-28 Denied Response WaivedIFP child-pornography criminal-procedure due-process faretta-hearing faretta-v-california pro-se-representation self-representation sentencing supervised-release waiver-of-counsel Where a defendant is charged in federal court with possession and production of child pornography, the maximum punishment for which carries a lifetime…
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 to an application by an Assistant United States Attorney, and not a…
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 DEFENDENTS VIOLATE THE PLAINTIFFS FOURTH AMENDMENT RIGHTS? Does the 4th amendment protect authorized custodians of a private rural residence …
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 The questions presented are i) whether at least some types of limited liability companies may be considered a "person" and thus a "customer" under the…
18-7138 Antonio Alvarez-Moreno v. United States Ninth Circuit 2018-12-20 Denied Response WaivedIFP civil-rights constitutional-vagueness criminal-procedure due-process firearms law-enforcement-notification sentencing-guidelines supervised-release vagueness weapon-possession Are these conditions unconstitutionally vague?
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 This Court has held, in several traffic stop cases, that investigatory stops based on probable cause can violate the Fourth Amendment in scope and dur…
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 Rigid legal rules are ill-suited'" to an analysis of probable cause. Illinois v. Gates, 462 U.S. 213, 232 (1986) (citation omitted). Did the Court of …
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 In Ohio v. Robinette, 519 U.S. 35, 41 (1996) Justice Ginsburg, in a concurring opinion, discussed the need to evaluate both the reason for an initial …
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 (138 S.Ct. 2206, 2217, 2220 (2018)) regarding cel…
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 For No. 18-6346, the question is whether the order is void which committed administrative error, a nonjudicial act by not issuing summons to defendant…
18-759 Matthew D. Sample v. United States Tenth Circuit 2018-12-14 Denied Amici (3) criminal-sentencing district-court district-court-authority district-court-discretion imprisonment income-earning probation restitution sentencing-discretion victim-compensation Whether a district court may reduce a prison sentence, or impose a probationary term in lieu of imprisonment, to enable a defendant to earn income to …
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 1. Does the law regarding searches, seizures, and consent need clarification for proper guidance and application? 2. Should a law enforcement officer…
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 I. 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 lugg…
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? Does Stone v. Powell apply when a case is …
18-7019 Jeff Jones v. Quentin Byrne, Warden Nevada 2018-12-13 Denied Response WaivedIFP 8th-amendment civil-rights due-process equal-protection juvenile-justice parole parole-board probation sentencing Does The U.s, supreme court's holdins in Goraham U.Florida, 176L.Ed,2d 825. Dealins WiTh Juvenilt Ofrtnders only apply to The sentencins of a Juvenile…
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…
18-7009 Jimmy Davis v. United States Third Circuit 2018-12-12 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure notice notice-requirement procedural-due-process supervised-release third-circuit Whether Mr. Davis was denied procedural due process as required under the Constitution of the United States and the Federal Rules of Criminal Procedur…
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 1. Whether the Ninth Circuit disregarded this Court's clear directives on remand and whether, in a 42 U.S.C. § 1983 action, a plaintiff's injuries res…
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 Notwithstanding this Court's holding in Nevada v. Hicks, where there is a law enforcement agreement between state authorities and the tribe regarding …
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)c) a statutory provision that reflects Congress' core concerns and does § 2518 (1)(c) require that each request for a wiretap b…
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…
18-6934 Bobby Evans v. United States Fourth Circuit 2018-12-06 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing drug-treatment federal-procedure purposes-of-supervised-release revocation sentencing supervised-release Whether revoking the supervised release term of a defendant who is in need of drug treatment, after he initially failed in a drug treatment program, i…
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 - a co…
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 - a traffic stop without either probabl…
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, simply because it takes place near the United States b…
18-6897 Victor Solorzano Tavia v. United States Eleventh Circuit 2018-12-03 Denied Response WaivedIFP blakely-rule consecutive-sentences criminal-procedure double-jeopardy grade-c-violation illegal-reentry sentencing sentencing-guidelines statutory-maximum supervised-release I. Whether sentence for illegal reentry and sentence for violation of supervised release should have run concurrent to avoid double jeopardy clause …
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 I. 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 c…
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 WITHIOUT A WARRANT CONTRAVENE THIS COURT'S DECISION,.. THE UNITEO STATES SUPREME COURT…
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 Is an individual's Fourth Amendment right to be free from unreasonable seizure continue beyond legal process so as to allow malicious prosecution clai…
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 1. Does the Fourth Amendment require that a search warrant particularly describe the things to be seized? 2. Does the Fourth Amendment require that a…
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 1. Does Title II of the Americans with Disabilities Act require law enforcement officers to provide accommodations to an armed, violent, and mentally …
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…
18-6775 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 At the suppression hearing in this federal criminal case, the district court explicitly relied on Petitioner's race to conclude that there was reasona…
18-6758 Michael Bordman v. United States Eighth Circuit 2018-11-20 Denied IFP child-pornography constitutional-vagueness continued-dissemination due-process harm-disaggregation initial-abuse restitution sentencing supervised-release (1) Whether the restitution award in child pornography sentencings must disaggregate the harm caused by the initial abuse from the harm caused by the …
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 This Court has deliberately left open whether a U.S Supreme Court decision (as opposed to a Circuit Court decision) is required to "clearly establish"…
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 a drug-detection dog's sniff of the doorway of an apartment constitutes a "search" under the Fourth Amendment when the apartment is located in…
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 I. 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 comp…
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 I. Whether it is unconstitutional to allow appellate courts to review information known to police, but unknown to the neutral and detached magistrate …
18-6642 Ikemefula Charles Ibeabuchi v. Arizona Arizona 2018-11-08 Denied Response WaivedIFP civil-rights consent constitutional-rights due-process equal-protection fees judicial-review probation probation-conditions probation-officer revocation right-to-counsel A defendant always has the vight to Centact an attorney at his own expense. It is a violation of the U.S. Constitution to punish defendants for exerci…
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 Question I – Is an individual's Second Amendment right to bear arms violated when he is told by a security guard he cannot open carry in a store and i…
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, WITHOUT KNOCKING OR RINGING THE DOORBELL, INTO THE ENCLOSED "SCREENED FRONT PATIO" OF MATTHEW'S RESID…
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 1. Is a malicious prosecution claim under the Fourth Amendment and Manuel v. City of Joliet, 137 S. Ct. 9112 (2017) the proper civil remedy for an "ov…
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 The questions presented by this petition is Under The Fourth and Fourteenth Amendments rules is one of great concern, gravity, and public importance a…
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 (1) HAVE petitioner BEEN ARREStEd − without PRobabolE CAUSE (2) whether MOUANTS ARREST WARRANT ViolAtE the SECoNd ClAUSE JO The Fourth AmendmeNt (3)…
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 Just 6, 2004 by The United States of America's Federal Bureau of Investigation Agents took within the jurisdiction of The Commonwealth of Pennsylvania…
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…
18-556 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 A Kansas officer ran a registration check on a pickup truck and learned that the registered owner's license had been revoked. Suspecting that the owne…
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 L. WHETHER REVIEW IS WARRANTED BECAUSE THE TRIAL COURT ERRED IN REFUSING TO SUPPRESS THE EVIDENCE AND FRUITS OF THE ILLEGAL SEARCHES OF RESIDENCES AT …
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 This petition presents the question of whether Due Process allows federal agents to obtain a confession and a consent to search from an immature, youn…
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 (a) trial counsel informs the court that he is not prepared for trial; and (b) the court's Faretta colloquy does not inquire into the voluntarine…
18-6421 Alexis D. Negron-Cruz v. United States First Circuit 2018-10-24 Denied Response WaivedIFP civil-rights constitutional-rights due-process first-amendment ineffective-assistance-of-counsel ineffective-counsel internet-access internet-restrictions plea-agreement plea-bargaining pornography-ban sentencing supervised-release supervised-release-conditions Whether District Court erred in imposing overbroad conditions of Supervised Release, limiting Petitioner's access to the Internet, for the term of sai…
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 Petitioner Larry Norton is serving a sentence of life incarceration which originated from evidence seized after a traffic stop for speeding in a const…
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 THIS COURT'S HOLDING IN CADY V. DROMBROWSKI, 413 U.S. 433 (1973), PERMITS A WARRANTLESS SEIZURE UNDER THE FOURTH AMENDMENT WITHOUT OBJECTIVE F…
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 1. IN THIS CASE, THE OFFICER CONDUCTED INVENTORY SEARCH OF A CLOSED CONTAINER WITHOUT A WRITTEN POLICY GOVERNING THE SEARCH OF SUCH CONTAINERS. WHETHE…
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 The United States Constitution forth bill of right protects the people in their private capacity from any unlawful stops, search and seziors without a…
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 1. Whether a court, in determining whether arguable probable cause exists to arrest for a state-law crime, must consider any narrowing decisions by th…
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…
18-6355 Christian Dominique Scott v. United States Fifth Circuit 2018-10-17 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process evidence parole revocation sentencing supervised-release I. Whether supervised release revocation defendants enjoy a limited right of cross-examination as to facts that increase the sentence imposed followin…
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 In ruling on a motion to suppress evidence obtained as a result of a roving Border Patrol stop, must a court consider, as part of the totality of the …
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 Petitioner's celiphone was searched without a warrant upon his arrest and then a year later with a warrant. The illegality of a warrantless search of …
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 the Seventh Circuit decision conflicts with all Courts of appeals, and Lozman v. City of Riviera Beach, 138 S. Ct. 1945 (2018); Manuel v. City…
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 (issuing a citation) for the crime of harassment under Ariz. Rev. Stat. …
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 a_violation of-Petitioner's 4th_Amendment Constituti= onal Right to Prvacy occorred when Police illegally Searched bonk records, in the absenc…
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 First, whether five minutes of drug-related investigative questioning of a driver at the beginning of an admittedly pretextual traffic stop, while no …
18-6280 Thomas Gilmore Stewart v. United States Fifth Circuit 2018-10-11 Denied Response WaivedIFP challenge criminal-procedure due-process habeas-corpus judicial-discretion revocation state-conviction state-court-conviction supervised-release I. Whether a district court's decision to revoke a term of supervised release that is based upon a previous state court conviction which is being chal…
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 Fourth Amendment's substantive due process clause, or allow the respondent's co…
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 1. IS llcir. Court of Appeals required to conduct a factual deternination baring review of his constftutional claims ? 2234 petition without making a…
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…
18-6216 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 1. 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.C…
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 Under Terry v. Ohio, 392 U.S. 1 (1968), a police officer can briefly detain a person based on reasonable suspicion that the person is involved in crim…
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 In both Missouri v. McNeely and Birchfield v. North Dakota, this Court referred approvingly to "implied-consent laws that impose civil penalties and e…
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, during a three-day hearing, the Petitioner's absence from a telephonic conference on the second day violates his right to due process. Wheth…
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, In The Context Of An Automobile Search, Dwellers In Multi-Family Homes Have A Legitimate Expectation Of Privacy In The Areas Surrounding Thei…
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 …
18-6150 Noel Aquino-Florenciani v. United States First Circuit 2018-10-01 Denied Response WaivedRelisted (2)IFP abuse-of-discretion child-pornography criminal-law criminal-procedure due-process internet-access internet-access-ban sentencing sentencing-guidelines supervised-release Whether the court's imposition of a total ban of internet access as a condition of supervised release is an overly broad and restrictive and without a…
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, by affirming the lower Court's denial of this Petitioner's 28 USC 2255 Motion, fail to preserve his Fourth Am…
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 I. Was the evidence in this case unlawfully obtained as a result of an unlawful search and seizure in violation of the Fourth and Fourteenth Amendment…
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, which authorizes monetary bail, but affirmatively requires courts to exhaust more restrictive non-monetary conditions before even …
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 A police-citizen encounter does not implicate the Fourth Amendment when consensual. Once a reasonable person would no longer feel free to ignore the 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 A. Whether the Fourth Amendment allows probation searches without reasonable suspicion. B. Whether the Fourth Amendment allows probation searches wit…
18-6120 Jose Ramon Pulido-Nolazco v. United States Eleventh Circuit 2018-09-27 Denied Response WaivedIFP circuit-split criminal-justice criminal-procedure criminal-sentencing due-process federal-procedure prior-conviction sentencing sex-offender sex-offender-treatment supervised-release The decision of the Eleventh Circuit that Mr. Pulido -Nolazco's thirty year old sex offense is a factor for the Court to consider when determining whe…
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 this Court should grant, vacate, and remand the Court of Appeals for the Eleventh Circuit's decision denying defendant's request to suppress C…
18-6107 Jacob Logan Stone v. United States Eighth Circuit 2018-09-26 Denied Response WaivedIFP appellate-procedure constitutional-rights due-process notice opportunity-to-be-heard pro-se pro-se-litigant procedural-bar procedural-bars reentry summary-affirmance supervised-release Stone was summarily denied a modification of conditions of release based on a procedural ground he had no warning of or chance to brief. On appeal, de…
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 Question not identified.
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 Question not identified.
18-6067 Edward Lee Lewis v. United States Fourth Circuit 2018-09-21 Denied Response WaivedIFP armed-career-criminal-act booker-standard circuit-split criminal-procedure due-process overserved-sentence plainly-unreasonable reasonableness revocation-sentence sentencing sentencing-standard standard-of-review supervised-release 1. Whether the appropriate standard of review for a sentence following the revocation of supervised release is the "plainly unreasonable" standard onc…
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 1. Whether, in light of District of Columbia v. Wesby, 138 S. Ct. 577 (2018), the Eleventh Circuit Court of Appeals erred by affirming the denial of p…
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 erred in holding District Court decision for failing to accept the showing of the two (2) prong test in' Strickland v. Washingt…
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 Fourth Amendment doctrine permits police to freely search ordinary objects deemed "abandoned." No suspicion, or warrant, or exigency is required. But …
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, which only protects officers who either incompetently or maliciously arrest a person for a crime the arrestee did not commit, shoul…
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 When deciding whether a police officer's fear for his safety justified a warrantless search of a person not suspected of any crime, may courts limit t…
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 Question not identified.
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 Pursuant to Franks v. Delaware, 438 U.S. 154 (1978), the Fourth Amendment is violated where law enforcement intentionally or recklessly includes false…
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 this Court's decisions in Tennessee v. Garner,…
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 forbids a pretextual seizure of a motorist based solely on probable cause due to an alleged obstructed tag? Does the Fou…
18-5944 Rafael Tanco-Pizarro v. United States First Circuit 2018-09-12 Denied Response WaivedIFP 18-usc-3553 18-usc-3583 criminal-procedure criminal-sentencing discovery due-process revocation revocation-hearing sentencing sentencing-guidelines statutory-interpretation supervised-release title-18-usc I. Whether the punishment factor of the federal sentencing statute, Title 18 U.S.C §3553(a)(2)(A), is a permissible or prohibited factor in sentencing…
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 1. 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 …
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 I. DID A SEARCH INVOLVE STATE ACTION UNDER THE FOURTH AMENDMENT WHERE POLICE OFFICERS ENTERED A HOME ILLEGALLY, AN OFFICER THERE TOLD A N INQUIRING CI…
18-5899 Rashod Lewis v. United States Second Circuit 2018-09-05 Denied Response WaivedIFP circuit-split civil-rights criminal-procedure due-process fifth-amendment probation self-incrimination 1. Should certiorari be granted to resolve a conflict amongs t the Circuits on whether a probation er can be ordered to truthfully answer questions po…
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 I. Whether the district court erred in denying petitioner's motion to suppress evidence and statement? II. Whether law enforcement may attenuate thei…
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 Because the exclusionary rule should be "our last resort, not our first impulse," Hudson v. Michigan, 547 U.S. 586, 591 (2006), all the Courts of Appe…
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 As recently as 2014, this Court reemphasized that an informant's knowledge of a suspect's future movements may be indicative of some familiarity with …
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 1.THE RIGHT TO A FAIRTRIAL , " PARALLEL CONSTRUCTION" THE RIGHT TO PRIVACY " FOUTH AMENDMENT" THE TRAFFIC STOP. ENTAPMENT.
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 The Fourth Amendment has continuously been applied to cases like the one here. The Sixth Circuit failed to follow that jurisprudence. Does Carpenter a…
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 1. Whether the facts required to establish probable cause, Illinois v. Gates, 462 U.S., 238, 103 S. Ct. 2317 (1983), include conclusions and opinions …
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 This Court has held that persons on parole have a "lesser" expectation of privacy than the general public, due to the "special needs" of the state in …
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 (1) DID THE SUPREME COURT OF VIRGINIA ERR WHEN IT REVERSED THE COURT OF APPEALS OF VIRGINIA'S RULING AND AFFIRMED THE JUDGEMENT OF THE TRIAL COURT? (…
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 (1) Whether under a qualified immunity analysis there existed clearly established precedent that taking down Weddle when he had surrendered, posed no …
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…
18-5671 In Re Kenneth Simpson 2018-08-21 Dismissed Response WaivedIFP civil-rights conditions-of-release due-process eighth-amendment habeas-corpus parole sentencing standing supervised-release which is unconstitutional for any reason, can a Court refuse to address that claim under conditions available at revocation hearings under Johnson v U…
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 1. Must searches conducted as conditions of federal supervised release be supported by at least reasonable suspicion? 2. Is the Fifth Circuit wrong t…
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'…
18-5614 Alexander Jesus Santiago v. United States Fourth Circuit 2018-08-17 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-admission probable-cause probation prosecutorial-burden resentencing sentencing supervised-release supervised-release-revocation Did the district court improperly revoke Mr. Santiago's supervised release and resentence him despite a lack of evidence that he violated supervised r…
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 Would the Trial Court be in violation of the 14th Amendment if his finding of fact and conclusion of of discretion against the petitioner.? 2. Would …
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 1: DID MICHIGAN'S EMMET COUNTY CIRCUIT COURT ("TRIAL COURT") VIOLATE ARTICLE VI CLAUSE 2 OF THE UNITED STATES CONSTITUTION BY FAILING TO RULE THAT THE…
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 428 U.S. 465,494 (1976) standard of ille…
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 do due process under the Fou…
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 this Court's 1970s search incident to arrest precedent involving physical objects applied to non-physical objects such as digital data prior t…
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 I. 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 vehi…
18-5601 Jose Ramirez v. United States Fifth Circuit 2018-08-15 Denied Response WaivedIFP confrontation confrontation-right due-process federal-sentencing fifth-amendment good-cause parole probation revocation sentencing-hearing witness-confrontation Does the Fifth Amendment's Due Process Clause confer at least a limited right to confront witnesses at federal sentencing hearings absent a showing, a…
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 in (2011).. Nine years after Robinson v. Solano cty., 248 F. 3d 1007(9th Cir. 2002) was unconstitutio…
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 Petitioner, BOBBY JOE Rosa, was charged with being a felon in possession of a firearm after the Government executed a search warrant at his purported …
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 I. 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 …
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 1. Whether the assessment of a penalty, in a proceeding entirely separate from and subsequent to a hearing on the underlying merits, constitutes a den…
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 1. Does the Prosecutor's duty to disclose exculpatory evidence pursuant to the Fifth Amendment of the United States Constitution include disclosure of…
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 1 Should this Court review thie case, de novo to address the importancs to the public of the issue in keeping contraband items out of prieons end out …
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 The petition is an opportunity for this Court to clear up several issues related to search warrants on cell phones. The questions presented include: (…
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 1. Whether the Court should resolve the following question for which the state courts are split (including the Florida appellate court of last resort …
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 I. DOES THE USE OF A TRAI NED DRUG DOG TO SNIFF THE DOORWAY OF A RESIDENCE VIOLATE THE RESIDENT'S REASONABLE EXPECTATION OF PRIVACY UNDER KATZ V. UNIT…
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 Story's Fourth, and Fourteenth, Amendment Constitutional rights, When the Waco Police lied on a Affidavit for Arrest Warran…
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 UNLAWFULLY ESSIVE, FORCE, FALSE ARREST, SEARCH PROBABLE CAUSE, URE, FALSE ARREST WiTHOU CONSENT FALSE ARREST, IDID Nol CONSENT IDiD SEIDURE, FuL AND O…
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 Lomaxs arrest. Whether Lomax…
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 this court should grant this petition for a writ of certiorari to consider whether petitioner's constitutional rights were violated when the p…
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 Does state have a constitutional authority in the case of warrantless arrest with no probable cause determination by a neutral and detached magistrate…
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 ILLE…
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 1. When a defendant challenges the reliability of a dog's reported alert to the possible presence of drugs in a vehicle, in accordance with Florida v.…
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 Michigan v Tyler, 436 US 499, Michigan v. Clifford, 464 US 287 (1984) authorizes firefighters and police to unreasonably withhold sustenance a…
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 I. 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 jur…
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, when affirming the denial of Mr. Angeles' motion to suppress, the Tenth Circuit Court of Appeals erred in applying the Kansas Supreme Court's…
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 1. Does Johnson v. Jones, 515 U.S. 304 (1995) foreclose interlocutory appeal of an order denying summary judgment on qualified immunity, where the und…
18-5319 Timothy Galen Tolbert v. United States Fifth Circuit 2018-07-24 Denied Response WaivedIFP 18-usc-3583 bureau-of-prisons drug-treatment due-process liberty liberty-deprivation post-release-conditions revocation sentencing statutory-interpretation supervised-release Whether the District Court deprived the Petitioner of liberty within the terms of 18 U.S.C. 3583 (c) and (d) by re-sentencing Petitioner to incarcerat…
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 (1) Did the Fifth Circuit wrongly hold that Officer Barnes' mistake was "unreasonable" under the Fourth Amendment? (2) In the alternative, did the Fi…
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 May the government circumvent a home occupant's consent by invoking Terry v. Ohio to search 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 I. In this case, the district court denied Petitioner's pre-trial motion to suppress numerous photos and social media seized from his cell phone in an…
18-5307 Andrew Wayne Hulen v. United States Ninth Circuit 2018-07-20 Denied Response WaivedIFP compelled-admissions constitutional-rights criminal-procedure due-process fifth-amendment garrity-v-new-jersey minnesota-v-murphy penalty-situation self-incrimination self-incrimination-clause sex-offender-treatment supervised-release Whether the Ninth Circuit's failure to analyze Petitioner's argument under the classic penalty situation addressed by this Court in Minnesota v. Murph…
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 1. Whether conduct by law enforcement in securing a void in initio warrant in violation of the Fourth Amendment was grossly negligent, thereby preclud…
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 Almost thirty years ago, this Court established the parameters of a protective sweep incident to an in-home arrest in Maryland v. Buie, 494 U.S. 325 (…
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 not the Fourth Amendment require prudence or reasonable caution so that before exercising a misdemeanor arrest warrant for failure to appear, a w…
18-5238 Hassanh Bey Wright, aka Hassanh Bay Wright v. United States Fourth Circuit 2018-07-16 Denied Response WaivedIFP crime-of-violence criminal-history criminal-law culpable-negligence force-clause intent mens-rea residual-clause sentencing-guidelines supervised-release Whether a crime with a mens rea of culpable negligence meets the definition of a "crime of violence" under either the force clause or the residual cla…
18-5188 James Wilks v. United States Fifth Circuit 2018-07-11 Denied Response WaivedIFP 18-usc-3553(a) abuse-of-discretion district-court judicial-discretion plain-error plainly-unreasonable revocation revocation-sentence sentencing sentencing-factors supervised-release unreasonable-sentence Did the District Court enter a plainly unreasonable sentence for revocation of supervised release when it did not properly balance the sentencing fact…
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 District Court erred by not suppressing the evidence seized during the illegal search and seizure of the Appellant in violation of Appella…
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 Police officers were attempting to transfer a detainee to a padded cell where he could be appropriately monitored after he repeatedly obstructed the v…
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 After Florida v. Jardines, 569 U.S. 1 (2013), and Collins v. Virginia, 138 S.Ct. 1663 (2018), it is unclear - and there is a split in authority on - w…
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…
18-5149 Francisco Cubero v. United States Eleventh Circuit 2018-07-06 Denied Response WaivedIFP certificate-of-appealability collateral-relief collateral-review conflicting-results due-process plea-hearing procedural-default sentencing supervised-release supervised-release-term I. During Francisco Cubero's plea hearing , the magistrate judge told him that his supervised-release term could not exceed five years but, at sentenc…
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 Constitolion, wheve, North Dakota State Trogper Taplied Consen t infoumed Petitianer of The Advisory and vequruted a Glood test, and Peitioner grerd b…
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/WAS INADMISSIBLE UNDER CLEARLY-ESTABLISHED LAW WHETHER THE 53RD DISTRICT MAGI…
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 The Court of Appeals erred in applying the incorrect Fourth Amendment standard to Mr. Maldonado's traffic stop. Once the purpose of the traffic stop c…
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 WAS THE PETITIONER'S RIGHT TO AFFECTIVE ASSISTANCE OF COUNSEL IN HIS FIRST DIRECT APPEAL OF RIGHT VIOLATED WHEN COUNSEL REFUSED TO BRIEF HIS FOURTH AM…
18-5089 Kevin Khaaliq Beamon v. United States Fourth Circuit 2018-07-02 Denied Response WaivedIFP 18-usc-3553(a) criminal-history criminal-procedure criminal-sentencing due-process judicial-discretion sentencing-guidelines sentencing-upon-revocation sentencing-variance substance-addiction supervised-release upward-variance Whether a district court may impose a significant upward variance at sentencing upon revocation of supervised release on an individual who had never b…
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 Court of Appeals erred in overruling the District Court's decision to suppress evidence obtained by police officers when they sniffed the …
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 DOES A POLICE OFFICER'S BELIEF THAT HE ALLEGEDLY HAS REASONABLE SUSPICION A MOTORIST DOES NOT HAVE A DRIVER'S LICENSE DIMINISH TO AN INCHOATE HUNCH OR…
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 I. WHETHER THE DISTRICT COURT ABUSE ITS DISCRETION IN DENY PETITIONER'S MOTION FOR SUPRESS EVIDENCE USED TO OBTAIN SEARCH WARRANT VIOLATED THE PETITIO…
24A1078 Mike Miller v. Dillon Rock Ninth Circuit Presumed Complete canine-deployment excessive-force fourth-amendment irreparable-harm qualified-immunity section-1983 Question not identified.