motion-to-suppress

121 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5329 Duane Gary Underwood, II v. United States Sixth Circuit 2025-08-12 Denied Response WaivedIFP criminal-procedure motion-to-suppress other-acts-evidence reasonable-suspicion search-and-seizure voir-dire Whether the court erred in denying the motion to suppress evidence obtained during a detention without reasonable suspicion and whether the court impr…
24-7361 Deshaun Curtis Jones v. United States Third Circuit 2025-06-05 Denied Response WaivedIFP appellate-review criminal-procedure district-court judicial-review motion-to-suppress third-circuit Whether the Third Circuit Court of Appeals erred in affirming the District Court's denial of Appellant's Motion to Suppress
24-7344 Sheterria Lanelle Jackson v. Florida Florida 2025-06-03 Denied Response WaivedIFP constitutional-rights due-process ineffective-assistance motion-to-suppress sixth-amendment trial-court Did the trial court err when it denied petitioner's claim that counsel was ineffective for failing to challenge evidence and for failing to file a mot…
24-7306 William Thomas Hill v. United States Eighth Circuit 2025-05-29 Denied Response WaivedRelisted (2)IFP counsel-failure district-court evidentiary-hearing ineffective-assistance motion-to-suppress supreme-court-precedent Whether the district court abused its discretion by summarily denying ineffective assistance of counsel claims without conducting an evidentiary heari…
24-7277 Derek Michael Mims v. United States Eighth Circuit 2025-05-22 Denied Response WaivedIFP evidence-suppression judicial-review motion-to-suppress probable-cause warrant-validity wiretap-application Whether a district court judge who makes probable cause and necessity findings in connection with a wiretap application may later review its own findi…
24-7135 Mario Keeream Jackson v. United States Sixth Circuit 2025-05-05 Denied Response WaivedIFP cellular-data criminal-procedure evidence-law fourth-amendment motion-to-suppress search-and-seizure Whether the district court improperly denied a motion to suppress cellular phone data and records obtained through an allegedly unlawful search
24-6927 Bryant Cobb v. Ohio Ohio 2025-04-04 Denied Response WaivedIFP appellate-review constitutional-rights excessive-bail fourteenth-amendment fourth-amendment motion-to-suppress Whether the Ohio Court of Appeals' affirmation of the denial of Petitioner's motion to suppress violates the Excessive Bail Clause and Fourth Amendmen…
24-6537 Shaborn Washington v. United States Eleventh Circuit 2025-02-11 Denied Response WaivedIFP exclusionary-rule fourth-amendment motion-to-suppress probable-cause search-and-seizure warrantless-search Whether it was error for the Eleventh Circuit to uphold the district court's order denying Petitioner's Motion to Suppress items obtained through an u…
24-6171 Demajio J. Ellis v. Linda Carper, et al. Seventh Circuit 2024-12-18 Denied Response WaivedIFP appellate-procedure circuit-court-review district-court-decision evidence-suppression motion-to-suppress summary-judgment Whether the Seventh Circuit Court of Appeals erred in affirming the district court's decision to deny defendant's motion to suppress evidence and gran…
24-5840 David R. Schachtner v. Chris Brewer, Warden Eighth Circuit 2024-10-29 Denied Response WaivedRelisted (2)IFP criminal-procedure fair-trial impeachment-evidence motion-to-suppress prior-bad-acts trial-court-discretion Whether a trial court abused its discretion by denying a motion to suppress impeachment evidence and admitting prior bad acts evidence that prejudicia…
24-5755 Wesley Perkins v. United States Fifth Circuit 2024-10-15 Denied Response WaivedIFP methamphetamine-evidence motion-to-suppress park-ranger probable-cause vehicle-search warrantless-search Whether the District Court erred by denying Perkins' motion to suppress evidence discovered during a warrantless search of his vehicle on the beach
24-5737 Matt Jones, aka Mack Jones v. United States Third Circuit 2024-10-10 Denied Response WaivedIFP appellate-review criminal-procedure double-jeopardy indictment-dismissal motion-to-suppress speedy-trial Whether the Third Circuit erred in not reversing the District Court's failure to dismiss an indictment based on alleged double jeopardy and speedy tri…
24A193 Eloy Heraclio Alcala v. Texas Texas 2024-08-22 Presumed Complete confrontation-clause criminal-procedure cross-examination exclusionary-rule motion-to-suppress sixth-amendment Whether the trial court violated the defendant's Sixth Amendment right to confrontation by impeding his ability to cross-examine witnesses and denying…
24-5143 Nicholas Nassif Hayek v. United States Sixth Circuit 2024-07-25 Denied Response WaivedIFP appellate-review criminal-procedure criminal-statement district-court due-process evidence motion-to-suppress procedural-error sixth-circuit standard-of-review fourth-amendment
23A1042 Curtis Mitchell Paul v. United States Sixth Circuit 2024-05-22 Presumed Complete digital-device exigent-circumstances fourth-amendment motion-to-suppress probable-cause warrantless-search Whether the Fourth Amendment permits the warrantless search of a digital device based on exigent circumstances without a contemporaneous probable caus…
23-7486 Edgar Vazquez v. United States Eleventh Circuit 2024-05-15 Denied Response WaivedIFP appellate-review criminal-procedure due-process evidentiary-hearing motion-to-dismiss motion-to-suppress standard-of-review Whether certiorari review should be granted
23-7445 Lloyd Kidd v. United States Second Circuit 2024-05-09 Denied Response WaivedIFP appeal criminal-procedure district-court-discretion due-process electronic-evidence jurisdiction motion-to-suppress sufficiency-of-evidence summary-charts venue venue-challenge Was there legally insufficient evidence to establish that venue was proper in the Southern District of New York for each count of conviction?
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…
23-6293 Shallon Hawkins v. David Vandergriff, Warden Eighth Circuit 2023-12-18 Denied Relisted (2)IFP actual-innocence civil-rights criminal-procedure due-process evidence-admissibility habeas-corpus ineffective-assistance-of-counsel motion-to-suppress newly-discovered-evidence prosecutorial-misconduct trial-court Did the United States District Court err by denying my claims for procedural default relief under Schlup, Glenn, fundamental fairness, newly discovere…
23-6158 Derrick Hunt v. United States Eleventh Circuit 2023-12-06 Denied Response WaivedIFP 4th-amendment child-pornography criminal-procedure evidence fourth-amendment motion-to-suppress probable-cause search-and-seizure search-warrant Did the District Court abuse its discretion in denying Defendant's motion to suppress the search of his computer?
23-6085 Randall Gray Stoneman, Jr. v. United States Fourth Circuit 2023-11-21 Denied Response WaivedIFP 4th-amendment criminal-procedure district-court evidence evidence-seizure federal-sentencing-guidelines motion-to-suppress search-and-seizure sentencing sentencing-guidelines video-surveillance Was the district court in error in denying the motion to suppress the evidence?
23-5903 Nathan Russell Cates v. United States Tenth Circuit 2023-10-27 Denied IFP criminal-procedure dog-sniff drug-dog-alert fourth-amendment harris-v-florida motion-to-suppress probable-cause rule-16 vehicle-search When the government attempts to establish probable cause to search a vehicle during a traffic stop by relying on a certified drug dog's alert, does Ha…
23-5718 Adam Neftali Santana v. United States Third Circuit 2023-10-04 Denied Response WaivedIFP 4th-amendment conspiracy-charge criminal-indictment criminal-procedure evidence evidence-sufficiency firearm-possession motion-to-suppress search-warrant standing Did the Court err when it denied Petitioner's Motion to Suppress the evidence obtained through the execution of the contingency search warrant?
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…
23-5507 Carlos Green v. United States Fourth Circuit 2023-09-01 Denied Response WaivedIFP civil-procedure evidentiary-hearing fourth-amendment leasehold-transfer motion-to-suppress privacy-interest probable-cause real-estate search-and-seizure Whether the Trial Court Erred and Violated Petitioner's Fourth Amendment Rights
23A36 Jerry J. Davis, Jr. v. United States Sixth Circuit 2023-07-17 Presumed Complete 28-USC-2255 effective-assistance-of-counsel franks-issue habeas-corpus motion-to-suppress sixth-amendment Whether trial counsel's failure to adequately challenge inadmissible evidence through a meaningful motion to suppress, appellate counsel's failure to …
23-5078 Kendrick Ramon Page v. United States Eighth Circuit 2023-07-13 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment minimization minimization-requirement motion-to-suppress necessity probable-cause theory-of-defense-instruction wiretap wiretap-evidence Whether the 8th Circuit erred in affirming the denial of wiretap evidence and the refusal to provide a theory of defense instruction
23-5022 Ruben Ramirez-Rivera v. United States Eleventh Circuit 2023-07-03 Denied Response WaivedIFP drug-sniff fourth-amendment fruit-of-poisonous-tree law-enforcement motion-to-suppress probable-cause traffic-stop Whether Mr. Ramirez-River's Fourth-Amendment-rights were violated when his motion-to-suppress was denied?
22-1243 Hieu Minh Le v. United States Eighth Circuit 2023-06-27 Denied Response Waived 4th-amendment 8th-circuit administrative-search constitutional-search due-process eighth-circuit inspection-level motion-to-suppress north-american-standard-inspection warrant-requirement Whether the Eighth Circuit erred in holding a North American Standard Inspection Level II inspection is an adequate substitute for the warrant require…
22-7520 Levaughn Collins v. United States Seventh Circuit 2023-05-10 Denied Response WaivedIFP 4th-amendment 5th-amendment appellate-review criminal-procedure fifth-amendment fourth-amendment motion-to-suppress statutory-interpretation suppression-of-evidence wiretap-evidence wiretapping Whether the District Court erred in denying Mr. Collins' Motions to Suppress Wire Tap evidence
22-7440 Robert Christopher England v. United States Sixth Circuit 2023-05-02 Denied Response WaivedIFP 4th-amendment computer-forensics computer-search digital-evidence exclusionary-rule fourth-amendment motion-to-suppress probable-cause search-and-seizure warrant-requirement Whether the district court erred in denying the defendant's motion to suppress evidence obtained from the search of his computer
22-7253 Ilse Ivon Solis v. United States Fifth Circuit 2023-04-11 Denied Response WaivedIFP constitutional-rights detention-duration fourth-amendment law-enforcement motion-to-suppress reasonable-suspicion rodriguez-v-united-states scope-of-justification traffic-stop Did the officer's inquiries unjustifiably prolong the traffic stop without reasonable suspicion?
22-7225 Andrew Michael Gomez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-04-06 Denied Response WaivedIFP constitutional-inquiry criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining presumption-of-innocence trial-court whether-trial-court-required-to-inquire-into-factual-basis-of-guilty-plea
22-7216 Terrell Anderson v. United States Fourth Circuit 2023-04-05 Denied Response WaivedIFP 4th-amendment appellate-review criminal-procedure exclusionary-rule fourth-circuit judicial-review motion-to-suppress pretrial-motion search-and-seizure standard-of-review Whether the United States Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Terrell Anderson's pretrial mo…
22-6751 Ernest Kyle Dyer v. United States Third Circuit 2023-02-10 Denied IFP appeal appellate-review conditional-guilty-plea federal-criminal-procedure federal-rule-of-criminal-procedure-11(a)(2) harmless-error motion-to-suppress plea-bargaining prevail When a defendant enters a conditional guilty plea, reserving the right to appeal an adverse decision on a motion to suppress, what harmless-error stan…
22-6345 Jeffrey Johnson v. United States Seventh Circuit 2022-12-20 Denied Response WaivedIFP 21-cfr-1308.11 career-offender controlled-substance controlled-substance-analogue drug-classification motion-to-suppress schedule-1 search-and-seizure search-warrant sentencing seventh-circuit Whether the Seventh Circuit Court of Appeals incorrectly allowed the District Court's Determination that Furanyl fentanyl was a 'controlled substance …
22-491 Raymond Delgado v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-11-23 Denied Response Waived criminal-procedure custodial-interrogation fifth-amendment ineffective-assistance miranda-rights miranda-v-arizona motion-to-suppress right-to-counsel right-to-remain-silent sixth-amendment suppression-of-confession Whether Delgado was denied effective assistance of counsel
22-6051 Arriba Lewis v. United States Seventh Circuit 2022-11-14 Denied Response WaivedIFP 4th-amendment 5th-amendment 6th-amendment career-offender criminal-procedure ineffective-assistance motion-to-suppress racial-profiling selective-enforcement sentencing-enhancement sixth-amendment Ineffective-assistance-of-counsel
21-8255 Christopher Alexander Reilly v. United States Fifth Circuit 2022-06-28 Denied Response WaivedIFP 28-usc-2255 appeal appellate-rights certificate-of-appealability due-process ineffective-assistance-of-counsel motion-to-suppress notice-of-appeal section-2255 Whether the district court and court of appeals should have granted a certificate of appealability
21-8017 Stephen Scott Meals, Jr. v. United States Fifth Circuit 2022-06-01 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment constitutional-provisions criminal-procedure district-court due-process exclusionary-rule federal-law fifth-circuit judicial-review motion-to-suppress search-and-seizure standing Whether the Fifth Circuit erred in affirming the district court's denial of the defendant's motion to suppress
21-7997 Benjamin Green Robinson v. United States Eleventh Circuit 2022-05-27 Denied Response WaivedIFP abuse-of-discretion cocaine-trafficking criminal-procedure evidence judgment-of-acquittal judicial-discretion motion-in-limine motion-to-suppress plain-error prior-conviction Whether the lower courts abused their discretion in admitting prior conviction evidence
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 …
21-7876 Matthew Alexander, III v. United States Tenth Circuit 2022-05-16 Denied IFP appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure motion-to-suppress plain-error suppression-motion waiver When a defendant files a motion to suppress, then raises a new argument to support suppression in the court of appeals, is the new argument waived abs…
21-7699 Eugene Nicholson v. United States Sixth Circuit 2022-04-26 Denied Response WaivedIFP constitutional-rights exclusionary-rule fourth-amendment fourth-amendment-exclusionary-rule good-faith-exception motion-to-suppress probable-cause search-and-seizure search-warrant Whether the good-faith exception to the exclusionary rule applies when the affidavit supporting a search warrant fails to establish a nexus between th…
21-7603 Glen S. Evans v. Bill Stange, Warden Eighth Circuit 2022-04-12 Denied IFP 4th-amendment criminal-procedure fruit-of-poisonous-tree fruit-of-the-poisonous-tree ineffective-assistance-of-counsel insufficient-evidence motion-to-suppress prejudice reasonable-suspicion second-degree-murder sufficiency-of-evidence where-the-trial-court-has-erred-and-abused-its-discretion
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…
21-1318 Gregory Bogomol v. United States Fifth Circuit 2022-04-04 Denied Response Waived 28-usc-2255 evidentiary-hearing federal-procedure fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel knock-and-talk motion-to-suppress warrantless-search What is the proper standard for determining when a federal habeas petitioner is entitled to an evidentiary hearing under 28 U.S.C. § 2255?
21-7487 Dion Fisher v. United States Eleventh Circuit 2022-03-29 Denied Response WaivedIFP 4th-amendment criminal-procedure discovery district-court-order evidentiary-ruling harmless-error motion-to-suppress suppression-hearing trial-witness-list witness-disclosure witness-testimony Whether petitioner is entitled to a new trial based on the district court's order denying his motion to suppress
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…
21-6701 Nakyia D. Parker v. Douglas Fender, Warden Sixth Circuit 2021-12-22 Denied Response WaivedIFP consecutive-sentences constitutional-rights constructive-possession criminal-evidence due-process fair-trial jury-instructions motion-to-suppress sentencing-error sufficiency-of-evidence Whether Parker was denied a fair and impartial trial due to several major constitutional and due process right violations
21-911 Dan V. Sharp v. United States Fifth Circuit 2021-12-21 Denied Response Waived confrontation-clause constructive-possession criminal-procedure double-jeopardy due-process firearms-offense ineffective-assistance joinder motion-to-suppress severance Whether the Court erred in failing to sever the counts by date
21-6441 Sonny Scott v. United States Fifth Circuit 2021-11-30 Denied Response WaivedIFP 4th-amendment attorney-performance constitutional-rights criminal-procedure ineffective-assistance-of-counsel motion-to-suppress search-and-seizure strickland-standard strickland-v-washington warrantless-search Was counsel's refusal to file a meritorious, dispositive motion to suppress the fruits of a warrantless search unreasonable under Strickland v. Washin…
21-6294 Robert Michael Junkins v. United States Fourth Circuit 2021-11-16 Denied Response WaivedIFP 4th-amendment criminal-procedure drug-evidence drug-sentencing illegal-search motion-to-suppress search-and-seizure sentencing sentencing-guidelines vehicle-search Whether the district court erred in denying Junkins' motion to suppress evidence
21-6209 Angelo Cobbins v. Illinois Illinois 2021-11-05 Denied IFP constitutional-rights criminal-procedure due-process effective-assistance evidence-suppression intellectual-capacity motion-to-suppress right-to-counsel trial-court waiver Whether the ruling on the Motion to Suppress was error as it was demonstrated the Petitioner did not possess the intellectual capacity to waive his Cu…
21-6045 Melissa Richardson v. United States Fifth Circuit 2021-10-25 Denied Response WaivedIFP 5th-circuit appellate-review criminal-procedure due-process evidence-sufficiency involuntary-confession judicial-error miranda-rights motion-to-suppress right-to-counsel Whether the 5th Circuit erred in denying Richardson's motion to suppress
21-402 Akari Williams v. United States Fifth Circuit 2021-09-14 Denied Response Waived certificate-of-appealability exigent-circumstances fourth-amendment general-search-warrant ineffective-assistance-of-counsel motion-to-suppress Is a defendant entitled to a certificate of appealability to challenge a denied 28-U.S.C-2255 motion on ineffective-assistance-of-counsel when an atto…
21-5658 Elias G. Montalvo v. Isidro Baca, Warden, et al. Ninth Circuit 2021-09-13 Denied Response WaivedIFP constitutional-search criminal-procedure due-process fourth-amendment habeas-corpus jury-instructions lesser-included-offense motion-to-suppress open-murder voluntary-manslaughter Did the trial court commit reversible error by failing to instruct the jury on Voluntary Manslaughter as a lesser-included offense of Open Murder?
21-5456 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?
20-8472 Rocky Leandro Orosco v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-01 Denied IFP criminal-procedure direct-appeal due-process evidence-suppression exclusionary-rule fourth-amendment ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress warrantless-search Is Mr. Orosco entitled to a hearing to challenge the 'obtainment' of his cell phone?
20-8421 Braulio Perez v. United States Eleventh Circuit 2021-06-25 Denied IFP 4th-amendment 5th-amendment 6th-amendment 911-call armed-career-criminal body-camera body-camera-footage constitutional-rights'\n'Issue 4 criminal-history criminal-law criminal-procedure criminal-procedure'\n'Issue 2 criminal-procedure'\n'Issue 3 criminal-procedure'\n'Issue 4 enhancement evidence fair-trial fifth-amendment firearm fourth-amendment motion-to-suppress search-and-seizure self-incrimination sentencing sentencing-enhancement statements statutory-interpretation witness witness-testimony Issue 1
20-8389 Asa Lea, aka Asa Lorenzo-Lamiyah Lea v. United States District of Columbia 2021-06-23 Denied Response WaivedIFP 4th-amendment criminal-procedure district-court-error exclusionary-rule illegal-evidence judgment-of-acquittal motion-for-new-trial motion-to-suppress search-and-seizure tangible-evidence Whether the District Court erred by denying Mr. Lea's Motion to Suppress Illegal Tangible Evidence?
20-1677 Angel Lee Rankin v. Texas Texas 2021-06-02 Denied 5th-amendment appellate-review criminal-procedure custody custody-determination due-process evidence-suppression miranda-warnings motion-to-suppress sudden-passion Whether the Court of Appeals Erred in Affirming the Trial Court's Denial of Ms. Rankin's Motion to Suppress Because She was in Law Enforcement's Custo…
20-8125 Raymundo Eusebio-Noriega v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2021-05-25 Denied Response WaivedIFP court-appointed-counsel due-process effective-assistance-of-counsel evidentiary-hearing habeas-corpus language-barrier miranda-rights motion-to-suppress self-incrimination voluntariness-of-statements Where petitioner was denied Court appointed counsel
20-7764 Jamil Stefon Carter v. O'Bell T. Winn, Warden Sixth Circuit 2021-04-14 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel jury-selection motion-to-suppress plea-withdrawal right-to-appeal Whether due process requires plea withdrawal where the petitioner was unaware that his guilty plea waived his right to appeal the denial of a pre-tria…
20-7676 Aaron Orlando Richards v. Darrel Vannoy, Warden Fifth Circuit 2021-04-07 Denied Response WaivedIFP circumstantial-evidence criminal-conviction criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia motion-for-bill-of-particulars motion-to-suppress reasonable-doubt sixth-amendment sufficiency-of-evidence Whether the State presented sufficient evidence to convict under Jackson v. Virginia
20-7596 Olen Ware, II v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-03-29 Denied IFP amendment appellate-review certificate-of-appealability civil-procedure federal-procedure fifth-circuit habeas-corpus ineffective-assistance motion-to-amend motion-to-suppress Did the federal district court err in dismissing the habeas petition without considering the petitioner's motion to amend
20-7459 Herman Rosario v. United States Third Circuit 2021-03-16 Denied Response WaivedIFP 4th-amendment criminal-procedure exclusionary-rule good-faith-exception independent-determination motion-to-suppress physical-evidence probable-cause search-and-seizure warrant-application Whether the district court erred in denying defendant's motion to suppress physical evidence
20-1196 Benjamin McClellan v. Ohio Ohio 2021-03-01 Denied 5th-amendment confession-suppression constitutional-rights criminal-procedure due-process evidence-admissibility involuntary-confession motion-to-suppress police-interrogation standard-of-review Whether the denial of petitioner's Motion to Suppress his confession was proper
20-7229 Wanda Tubbs v. Jeff Long, Commissioner, Tennessee Department of Safety and Homeland Security Tennessee 2021-02-25 Denied Response WaivedIFP asset-forfeiture civil-procedure constitutional-error constitutional-law due-process litigation-rights motion-to-suppress standing tennessee-courts Did the Tennessee courts violate due process by failing to let Wanda Tubbs litigate a motion to suppress in an asset forfeiture case?
20-7256 James Timothy Cobb v. United States Fourth Circuit 2021-02-25 Denied Response WaivedIFP 4th-amendment appellate-review criminal-procedure district-court fourth-circuit motion-to-suppress pretrial-motion search-and-seizure standard-of-review Whether the United States Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Appellant's pretrial motion to…
20-7097 Alree B. Sweat, III v. City of Las Cruces, New Mexico, et al. New Mexico 2021-02-10 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence-law fourth-amendment ineffective-assistance-of-counsel motion-to-suppress post-conviction-relief property-rights search-and-seizure takings Whether the New Mexico Supreme Court erred in denying petitioner's motion for post-conviction relief based on ineffective assistance of counsel
20-7102 Toheed Ahmed v. United States Tenth Circuit 2021-02-10 Denied Response WaivedIFP 4th-amendment circuit-split dog-sniff high-crime-area motion-to-suppress racial-profiling tenth-circuit totality-of-circumstances traffic-stop Was the Tenth Circuit correct in affirming the denial of Mr. Ahmed's motion to suppress evidence
20-7027 Susanne Stephanie Nikola Kynast v. Florida Florida 2021-02-03 Denied IFP civil-rights custodia-legis due-process evidence evidence-custodian motion-to-suppress nolle-prosequi property property-seizure search-and-seizure writ-of-mandamus Is Petitioner entitled to the return of property taken as evidence without a warrant and held in custodia-legis subsequent to a motion-to-suppress in …
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…
20-6827 Abdul Majid v. United States Ninth Circuit 2021-01-14 Denied Response WaivedIFP appellate-review deference-to-lower-court fourth-amendment marijuana-legalization motion-to-suppress probable-cause search-and-seizure standard-of-review vehicle-search warrantless-search Whether the Court of Appeals can override the District Court's factual findings and expand the scope of a warrantless search
20-6647 Douglas Charles Knicely v. United States Fourth Circuit 2020-12-17 Denied Response WaivedIFP 4th-amendment appellate-review criminal-procedure district-court fourth-circuit motion-to-suppress pretrial-motion search-and-seizure standard-of-review Whether the United States Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Appellants' pretrial motion to…
20-6309 Emilio Urena-Villa v. United States Ninth Circuit 2020-11-13 Denied Response WaivedIFP constitutional-claim constitutional-law counsel-performance criminal-procedure fourth-amendment ineffective-assistance ineffective-assistance-of-counsel kimmelman-v-morrison motion-to-suppress strickland-standard strickland-v-washington Whether appointed counsel was ineffective for failure to file viable motion to suppress pursuant to Fourth Amendment claim
20-6293 Raymond Alan Griffin v. United States Fourth Circuit 2020-11-12 Denied Response WaivedIFP criminal-procedure district-court due-process evidentiary-hearing federal-law findings-of-fact motion-to-suppress threshold-determination May a district court make findings of fact resolving contested issues in determining that the threshold for holding an evidentiary hearing on a defend…
20-5715 Martin Rogelio Longoria v. United States Fifth Circuit 2020-09-16 Denied Response RequestedResponse WaivedRelisted (3)IFP at sentencing may withhold a motion for a third-level reduction acceptance-of-responsibility circuit-split criminal-procedure government-discretion motion-to-suppress plea-bargaining sentencing-guidelines Whether the government, at sentencing, may withhold a motion for a third-level reduction for acceptance of responsibility under USSG § 3E1.1(b) on the…
20-5606 Keith A. Brown v. Alberto Ramirez Ninth Circuit 2020-09-08 Denied Response WaivedIFP burden-of-proof certificate-of-appealability constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment incompetent-defendant motion-to-suppress suppression-of-evidence When the state fails to carry its burden of proof in a motion to suppress hearing, is the remedy suppression of the evidence or can the state have a s…
20-5568 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
20-5261 Michael Fred Houston v. Texas Texas 2020-08-05 Denied IFP court-of-appeals criminal-procedure due-process eyewitness-identification identification-testimony motion-to-suppress reliability-standard suggestive-identification suggestive-procedure totality-of-circumstances witness-reliability Does the in-court identification meet the reliability standard under the totality of the circumstances, even though the confrontation procedure was su…
20-5187 Thomas Lee Brennan v. Josh Stein, Attorney General of North Carolina Fourth Circuit 2020-07-28 Denied Response WaivedIFP fourth-amendment ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress post-conviction-relief procedural-default reasonable-suspicion traffic-stop Whether the trial court erred in denying the defendant's motion for appropriate relief based on ineffective assistance of counsel for failing to file …
20-5099 Lantrel DeKeith Wilson v. United States Sixth Circuit 2020-07-17 Denied Response WaivedIFP 4th-amendment 6th-circuit consent-search consent-to-search criminal-procedure inevitable-discovery motion-to-suppress search-and-seizure sixth-circuit supreme-court-precedent terry-stop Whether the decision of the Sixth Circuit Court of Appeals conflicts with Terry-v-Ohio
19-8754 Francisco Armando Martinez v. United States Tenth Circuit 2020-06-19 Denied Response WaivedIFP appellate-review circuit-split consensual-encounter district-court fourth-amendment law-enforcement motion-to-suppress reasonable-suspicion standard-of-review suppression Whether an appellate court must uphold the ruling of the district court if there is any reasonable view of the evidence to support it where the distri…
19-8651 Kevin Remillard v. Ohio Ohio 2020-06-10 Denied IFP fourteenth-amendment fourth-amendment motion-to-suppress personal-papers probable-cause search-warrant warrantless-search welfare-check Does the Fourth and Fourteenth Amendment require a search warrant or probable cause to seize and search personal papers during a welfare check?
19-8508 Javier Villar v. United States Eleventh Circuit 2020-05-20 Denied Response WaivedIFP 4th-amendment criminal-procedure exclusionary-rule managerial-role motion-to-suppress probable-cause search-and-seizure sentencing-enhancement standing u-s-sentencing-guidelines Whether the district court and the court of appeals erred in denying the defendant's motion to suppress evidence
19-8391 Joseph M. Coffman v. Illinois Illinois 2020-05-01 Denied Response WaivedIFP 5th-amendment criminal-procedure due-process involuntary-confession miranda-rights motion-to-suppress Whether the trial court erred in denying the petitioner's motion to suppress statements
19-7893 Nicholas Roos v. Arkansas Arkansas 2020-03-06 Denied Response WaivedIFP capital-case evidence-suppression ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining psychological-evaluation red-flags strickland-standard strickland-v-washington trial-counsel-performance Did Arkansas Supreme Court misapply Strickland-v-Washington
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…
19-7282 John Anthony Arnold v. Virginia Virginia 2020-01-14 Denied IFP 4th-amendment appellate-review civil-rights criminal-procedure death-penalty due-process evidence-suppression fourth-amendment law-enforcement motion-to-suppress ninth-circuit search-warrant standing warrantless-arrest Did the Virginia Supreme Court err in upholding petitioner's warrantless arrest?
19-7112 Gabriel Galindo-Serrano v. United States First Circuit 2019-12-31 Denied IFP confession confession-suppression court-of-appeals criminal-procedure delay magistrate-judge motion-to-suppress plain-error standard-of-review waiver Whether the standard of review on appeal of an untimely motion to suppress a confession, based upon the failure to bring the defendant before a magist…
19-6869 Michael Anthony Jefferson v. David Shinn, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-12-05 Denied Relisted (2)IFP barker-v-wingo blackledge-v-perry civil-rights constitutional-rights criminal-procedure due-process motion-to-suppress prosecutorial-misconduct prosecutorial-vindictiveness speedy-trial vindictiveness Do prosecutors create the appearance and presumption of vindictiveness requiring dismissal of a case and violate the rule in Blackledge v. Perry
19-6515 Andre Verlin Anderson v. Vicki Janssen, Warden Eighth Circuit 2019-11-06 Denied Response WaivedIFP certificate-of-appealability criminal-procedure criminal-procedure-due-process-eyewitness-identifi criminal-procedure-habeas-corpus-certificate-of-ap Did the district court commit reversible error whe Did the United States Court of Appeals for the Eig due-process eyewitness-identification habeas-corpus motion-to-suppress photographic-lineup reversible-error Did the district court commit reversible error by denying Petitioner's motion to suppress the unduly suggestive photographic lineup?
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?
19-5701 Daniel Brian Masson v. Florida Florida 2019-08-23 Denied Response WaivedIFP 14th-amendment 5th-amendment appellate-review child-abuse child-pornography child-sexual-performance constitutional-rights due-process falsified-transcripts motion-to-suppress search-warrant Whether the petitioner's conviction for violating Florida Statute 827.071 (5) (a) is illegal due to lack of evidence, falsified transcripts, and viola…
19-5676 Jerel Leon Jordan v. United States Fourth Circuit 2019-08-22 Denied Relisted (2)IFP brady-disclosure brady-v-maryland exclusionary-rule fourth-amendment giglio-impeachment giglio-v-united-states good-faith-exception motion-to-suppress probable-cause search-warrant united-states-v-leon Whether a district court may consider evidence outside the warrant affidavit in determining good-faith exception
19-5458 Samantha Winter v. United States Fourth Circuit 2019-08-05 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment 5th-amendment criminal-procedure custodial-interrogation evidence evidence-admission harmless-error miranda-warnings motion-to-suppress rule-404b search-and-seizure warrantless-search whether-miranda-rights-were-violated
18A1368 Ibrahim McCants v. United States Third Circuit 2019-06-27 Presumed Complete controlled-substance crime-of-violence felon-in-possession motion-to-suppress sentencing-guidelines third-circuit Whether a prior state robbery conviction qualifies as a 'crime of violence' under the United States Sentencing Guidelines for purposes of sentence enh…
18-9775 Dustin Washington v. United States Fourth Circuit 2019-06-24 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure drug-weight forfeiture fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure search-warrant sentencing-error standard-of-review sufficiency-of-evidence Whether the Fourth Circuit erred in failing to find that the trial court erred in denying Mr. Washington's motion to suppress the search of the BMW
18-9736 Darius Kinney v. Ohio Ohio 2019-06-20 Denied Response RequestedRelisted (3)IFP 4th-amendment 6th-amendment constitutional-law criminal-procedure fourth-amendment ineffective-assistance-of-counsel motion-to-suppress search-and-seizure sixth-amendment warrant warrantless-search Were Petitioner's Sixth Amendment rights violated?
18-9606 Curtis Wayne Givens v. Virginia Virginia 2019-06-11 Denied IFP 4th-amendment Arrest criminal-procedure due-process evidence-seizure Fifth-Amendment Jury-Selection motion-to-suppress probable-cause search-and-seizure standing Voir-Dire witness-examination Whether the trial court properly overruled the Petitioner's motion to suppress evidence seized without probable cause
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…
18-9446 Davon Kelly Bennett v. United States Fourth Circuit 2019-05-28 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination custodial-interrogation daubert-standard due-process evidence expert-witness-testimony motion-to-suppress rule-404b sixth-amendment Whether the District Court deprived Petitioner of his right to confront witnesses
18-8702 Vernon Carter v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2019-04-04 Denied IFP fifth-amendment fourth-amendment habeas-corpus illegal-traffic-stop ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress sixth-amendment Whether the Florida Supreme Court erred in affirming the denial of Carter's petition for writ of habeas corpus, where Carter raised sufficient allegat…
18-8054 Michael Kenneth Young v. United States Fourth Circuit 2019-02-21 Denied Response WaivedIFP 4th-amendment crack-cocaine-seizure criminal-procedure criminal-procedure-joinder fair-trial firearm-seizure fourth-amendment joinder motion-to-suppress probable-cause search-and-seizure severance traffic-stop Did the Fourth Circuit Court of Appeals err in upholding the denial of Petitioner Michael Young's motion to sever his unrelated charges arising out of…
18-7771 Tommy Wayne Brotherton v. Jay Cassady, Warden Eighth Circuit 2019-02-05 Denied IFP 14th-amendment 6th-amendment brady-violation due-process fair-trial fourteenth-amendment ineffective-assistance-of-counsel miranda-rights motion-to-suppress sixth-amendment suppression-hearing videotaped-statements Whether petitioner was denied due process and a fair trial when the state court overruled his motion to suppress statements and allowed videotaped sta…
18-7439 Gregory M. Ward v. United States Fifth Circuit 2019-01-16 GVR Response RequestedResponse WaivedRelisted (3)IFP appeal-preservation appeal-rights due-process evidence-hearing evidentiary-hearing guilty-plea ineffective-assistance motion-to-suppress plea-bargaining sixth-amendment trial-counsel Ineffective-assistance-of-counsel
18-6696 Octavio Torres Ortega v. Pam Bondi, Attorney General of Florida Eleventh Circuit 2018-11-16 Denied IFP appeal criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal motion-to-suppress public-defender speedy-trial trial-counsel witness-credibility did-the-trial-court-err-in-denying-a-judgment-of-acquittal
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…
18-6646 John Edward Davis v. Florida Florida 2018-11-08 Denied IFP autopsy-photographs coercion constitutional-procedure criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel involuntary-confession involuntary-statements juvenile-offender juvenile-offender-rights juvenile-rights motion-to-suppress right-to-testify self-incrimination Whether the Florida Court of Appeals unreasonably applied this Court's precedent
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…
18-6297 Jorge Robles-Avalos v. United States Fifth Circuit 2018-10-15 Denied Response WaivedIFP 4th-amendment border-patrol fourth-amendment motion-to-suppress probable-cause reasonable-suspicion search-and-seizure totality-of-the-circumstances vehicle-stop Must a court consider a Border Patrol agent's admission to routinely stopping vehicles without reasonable suspicion as part of the totality of the cir…
18-6225 Scott Mitchell Bummer v. United States Ninth Circuit 2018-10-04 Denied Response WaivedIFP 14th-amendment 5th-amendment civil-procedure due-process equal-protection standing civil-rights constitutional-rights due-process fourth-amendment hearing-absence indefinite-retention motion-to-suppress personal-property telephonic-conference unreasonable-search-and-seizure warrantless-seizure Whether the government's warrantless seizure and indefinite retention of a person's personal property violates the Fourth Amendment's prohibition on u…
18-6161 Terrance Lombard v. United States Sixth Circuit 2018-10-02 Denied Response WaivedIFP appellate-review clear-error clear-error-standard criminal-procedure district-court due-process motion-to-suppress standard-of-review suppression-hearing Did the court of appeals misapply the clear error standard by considering facts adduced at trial, but not considered by the district court during the …
18-5885 Kenneth Kennedy Shannon v. United States Fourth Circuit 2018-09-05 Denied Response WaivedRelisted (2)IFP criminal-procedure drug-trafficking due-process evidence heroin-quantity motion-for-acquittal motion-for-new-trial motion-to-suppress search-and-seizure sentencing sufficiency-of-evidence title-iii-wiretap verdict-acquittal Did the trial court err in denying the Petitioner's Motion for Verdict of Acquittal and for New Trial, because the evidence taken in the light most fa…
18-5901 Willis Maxi v. United States Eleventh Circuit 2018-09-05 Denied Response WaivedIFP 4th-amendment attenuation-doctrine civil-rights due-process evidence-suppression exclusionary-rule exigent-circumstances fourth-amendment illegal-search knock-and-talk law-enforcement-entry motion-to-suppress probable-cause search-and-seizure Whether the district court erred in denying petitioner's motion to suppress evidence and statement?
18-5592 Oscar Madrid v. Darrel Vannoy, Warden Fifth Circuit 2018-08-15 Denied IFP 14th-amendment civil-procedure civil-rights conflict-of-interest criminal-procedure due-process exhaustion exhaustion-of-remedies fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress state-court sufficiency-of-evidence Whether the court erred in finding claims 1-3 were not exhausted to the state's highest court
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?
18-58 Edward Jaimaal Price v. United States Fourth Circuit 2018-07-11 Denied Response Waived 4th-amendment constitutional-rights evidence-suppression exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-seizure motion-to-suppress probable-cause search-and-seizure standard-of-review Whether the evidence seized during the illegal search and seizure should be suppressed
18-5094 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…