fourth-amendment-violation

22 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-7413 Adonis Marquis Perry v. United States Fourth Circuit 2024-05-08 Denied Response WaivedIFP cell-phone cell-phone-privacy consent constitutional-rights fourth-amendment fourth-amendment-violation law-enforcement privacy search-and-seizure third-party-consent warrantless-search Whether a third party's personal use and physical possession of Petitioner's cell phone transfer authority to the third party to consent to law enforc…
23-5490 Franklin Paul Eller, Jr. v. United States Ninth Circuit 2023-08-31 Denied Response WaivedIFP circuit-split exclusionary-rule fourth-amendment fourth-amendment-violation probable-cause search-warrant severance-doctrine warrant-overbreadth Is severance of any overbroad warrant a permissible exception to the exclusionary rule
21-5362 Robert Lee Crawford v. United States Ninth Circuit 2021-08-13 Denied Response WaivedIFP confrontation-clause due-process fourth-amendment fourth-amendment-violation law-enforcement-misconduct misrepresentation pretextual-stop seizure warrantless-search Is the Fourth Amendment violated by a warrantless off-site forced entry search of a gunsafe preceded by a warrantless seizure facilitated by officer m…
20-8179 Chad Alan Soderman v. United States Eighth Circuit 2021-06-01 Denied Response WaivedIFP fourth-amendment fourth-amendment-violation investigative-detention police-investigation reasonable-suspicion rodriguez-standard rodriguez-v-united-states supervisory-power traffic-stop Whether the Fourth Amendment was violated under Rodriguez v. United States, 575 U.S. 348 (2015) where individual acts by police to investigate a crime…
20-8083 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 …
20-7503 Mark Randall Jones v. United States Fifth Circuit 2021-03-19 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence-admissibility fourth-amendment fourth-amendment-violation gut-feeling mail-chute post-office warrantless-search warrantless-seizure Whether the Warrantless Seizure of Packages from the Mail Chute at the U.S. Post Office Based on Nothing More than a 'Gut Feeling' Violates the Fourth…
20-823 Robert Lee Crider v. Texas Texas 2020-12-17 Denied blood-extraction bodily-intrusion chemical-analysis fourth-amendment fourth-amendment-violation search search-and-seizure warrant warrant-scope Whether a Fourth Amendment violation occurs when the government extracts a blood sample by compelled intrusion into a person's body and then chemicall…
20-6238 Demon O'Neil Parker v. United States Fourth Circuit 2020-11-05 Denied Response WaivedIFP abuse-of-discretion cell-site-location-information constitutional-review criminal-sentencing first-step-act fourth-amendment fourth-amendment-violation reasonable-expectation-of-privacy rehabilitation search-and-seizure sentence-reduction standing Whether the Fourth Amendment's prohibition on unreasonable searches and seizures applies to the government's acquisition of historical cell-site locat…
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…
19-1055 Dustin Moss v. United States First Circuit 2020-02-25 Denied Response Waived 4th-amendment civil-procedure criminal-procedure evidence-suppression fourth-amendment fourth-amendment-violation illegal-search package package-description particularity-requirement probable-cause search-warrant tracking-number Whether the search of a package that was solely referenced by its tracking number in the warrant's caption, but was not otherwise described in the war…
19-5909 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
19-5795 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 …
19-188 Ikechukwu Hyginus Okorie v. Virginia M. Crawford, et al. Fifth Circuit 2019-08-13 Denied administrative-search arrest arrest-without-probable-cause detention detention-standards fourth-amendment fourth-amendment-violation law-enforcement-conduct probable-cause qualified-immunity search-warrant standard-of-review tolan-v-cotton Whether the allegations establish a Fourth Amendment violation and qualified immunity defense
19-5431 DeAndre Cherry v. United States Seventh Circuit 2019-08-01 Denied Response WaivedIFP 4th-amendment civil-rights due-process effective-assistance-of-counsel eighth-amendment exclusionary-rule fifth-amendment fourth-amendment fourth-amendment-violation probable-cause search search-and-seizure vehicle-search Was the petitioner's Fourth Amendment right infringed upon when the officers conducted an illegal search of his vehicle absent probable cause?
19-5180 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…
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 …
18-8694 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,…
18-870 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…
18-6908 Livingston Manners v. Ronald Cannella, et al. Eleventh Circuit 2018-12-04 Denied IFP 42-U.S.C.-1983 Excessive-Force fleeing-and-eluding fourth-amendment Fourth-Amendment-Violation probable-cause qualified-immunity reasonable-suspicion traffic-stop Is there a violation of the fourth amendment where the arrest of a civilian stems from an illegal traffic stop
18-6820 Robert Paul Langley, Jr. v. Jeff Premo, Superintendent, Oregon State Penitentiary Oregon 2018-11-26 Denied Response WaivedIFP fourth-amendment fourth-amendment-violation ineffective-assistance ineffective-assistance-of-counsel judicial-authorization particularity particularity-requirement search-warrant seizure sixth-amendment Does the Fourth Amendment require that a search warrant particularly describe the things to be seized?
18-6810 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…
18-6535 Rodney Williams v. Michigan Michigan 2018-11-01 Denied IFP 6th-amendment due-process fourth-amendment-violation jurisdictional-defect jury-trial-rights restitution right-to-counsel sentencing sixth-amendment-right void-judgment void-restitution-order void-sentence Was defendant denied his constitutional right to counsel at his sentencing and restitution hearing; constituting a void sentence and restitution order…