Topic Group

951 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6799 Salena Nicole Glenn v. Erin Maldonado, Warden Sixth Circuit 2026-02-12 Pending IFP constitutional-rights due-process fourth-amendment probable-cause unreasonable-seizure warrantless-search 1. Does the warrantless seizure, arrest, and no search warrant of a legally parked vehicle occupant-without probable cause or reasonable suspicion! vi…
25-6766 Eric Joshua Mapes v. United States District Court for the Western District of Texas Fifth Circuit 2026-02-10 Pending IFP arrest-warrant due-process fourteenth-amendment fourth-amendment judicial-oversight probable-cause 1. Police Complaint as Arrest Warrant Whether a notarized police-authored criminal complaint, executed without judicial oversight and misrepresented a…
25A895 Charles Kakembo Sessanga v. City of DeSoto Police Department, et al. Fifth Circuit 2026-02-06 Application civil-rights criminal-prosecution malicious-prosecution pro-se-plaintiff probable-cause section-1983 Question not identified. The provided text is an Application for Extension of Time to File Petition for a Writ of Certiorari and includes the Fifth C…
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…
25-6721 Palma Jefferson, Jr. v. United States Fifth Circuit 2026-02-04 Pending IFP constitutional-challenge fourth-amendment judicial-review probable-cause search-and-seizure warrant-defect I. Fourth Amendment: Warrant and Entry Defects 1. Whether the Fourth Amendment's probable cause requirement is satisfied when a search warrant issues…
25-6694 Donny Ray Moreno v. United States Ninth Circuit 2026-02-03 Pending Response WaivedIFP confidential-informant law-enforcement materiality probable-cause reckless-omission search-warrant 1. Whether the "materiality " prong of Franks v. Delaware, 438 U.S. 154 (1978), is satisfied when a search warrant affidavit recklessly omits a confid…
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…
25-6665 Tra'ven Boyer-Letlow v. United States Sixth Circuit 2026-01-29 Pending Response WaivedIFP arrest-seizure constitutional-violations criminal-procedure due-process miranda-rights probable-cause 1. Given the absence of probable cause to arrest here, and/or the right to seize, and/or the right to shackle here (and detain and the like, as was do…
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…
25-6564 Ambreia Washington v. Tennessee Tennessee 2026-01-13 Pending Response WaivedIFP fifth-amendment fourth-amendment plain-view-exception probable-cause self-incrimination warrantless-seizure Whether information obtained in violation of the Fifth Amendment's Self-Incrimination Clause can establish the probable cause necessary to authorize a…
25-6565 Jaison L. Coleman v. United States Seventh Circuit 2026-01-13 Pending Response WaivedIFP consent-search fourth-amendment police-entry probable-cause scope-of-consent warrant-exception 1 Having already expressly denied consent for police to enter the residence, does the occupant's "okay" in response to the officer's statement that po…
25-6548 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…
25-774 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…
25-773 Joseph John Slack v. Robert McHugh, et al. Third Circuit 2025-12-31 Pending Response Waived criminal-procedure felony-charges grand-jury pennsylvania-law probable-cause statewide-investigation Whether the presentment of a statewide investigating grand jury in the Commonwealth of Pennsylvania constitutes prima facie evidence of probable cause…
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.
25-747 Matthew Cline v. United States Tenth Circuit 2025-12-23 Pending Amici (1)Response Waived co-conspirator criminal-law forfeiture property-transfer statutory-interpretation tenth-circuit Whether under 18 U.S.C. § 981(a)(1)(C) a defendant may be ordered to forfeit property to the government that he transferred to a co-conspirator merely…
25-744 Jose Duran, Individually and as Representative of a Class of Judgment Creditors of the Estate of Ferdinand E. Marcos v. United States Second Circuit 2025-12-22 Pending Response Waived civil-procedure due-process foreign-judgment forfeiture in-rem-jurisdiction sovereign-immunity This proceeding was brought by the United States on behalf of the Republic of the Philippines, seeking recognition and enforcement of a Philippine for…
25-6366 Jarrett Howard v. United States Sixth Circuit 2025-12-15 Denied Response WaivedIFP confidential-informant criminal-procedure fentanyl heroin probable-cause search-warrant I. Did probable cause exist to issue a search warrant when the affidavit for the warrant did not say when the confidential informant saw heroin and fe…
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…
25-6348 Mounir Mrabet v. United States Second Circuit 2025-12-12 Denied Response WaivedIFP consent fourth-amendment government-action probable-cause search-and-seizure warrantless-search Can 4L. G&vermen4 <^o iw+o mu ZCclo^J Accent om4 m j consent -4han ase -iKd' cxaatnst m v^^rr^n
25-688 Veronica W. Ogunsula v. Michael Warrenfeltz Fourth Circuit 2025-12-12 Pending law-enforcement pro-se-litigation probable-cause qualified-immunity reasonable-suspicion traffic-violation 1. Does a police officer observing an undisputed legal act(s) or something that is not illegal, without more, provide probable cause or a reasonable i…
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 …
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…
25-6310 Miguel Rafael Rayos, Jr. v. United States Fifth Circuit 2025-12-08 Denied Response WaivedIFP bare-bones-affidavit circuit-split exclusionary-rule good-faith-exception probable-cause search-warrant I. In United States v. Leon, this Court announced a good-faith exception to the exclusionary rule. 468 U.S. 897, 922-23 (1984). "[T]he marginal or non…
25-6265 Rodney Hamilton Higgins, Jr. v. United States Sixth Circuit 2025-12-02 Denied Response WaivedIFP criminal-procedure drug-trafficking evidence-preservation fourth-amendment probable-cause search-warrant 1. Whether the Fourth Amendment requires more than a defendant's status as a drug dealer and residential address to establish probable cause for a sea…
25-6242 Willie Frank Gordon v. United States Eleventh Circuit 2025-11-25 Denied Response WaivedIFP fourth-amendment inventory-search investigative-search law-enforcement-procedure probable-cause vehicle-seizure 1. Sheriff's deputies suspected a driver had drugs, stopped him, and wanted to search his car to find them. Only when their attempt to establish proba…
25-583 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…
25A509 Matthew Cline v. United States Tenth Circuit 2025-11-04 Application circuit-split co-conspirator criminal-proceeds forfeiture honeycutt-standard wire-fraud Whether a defendant can be ordered to forfeit criminal proceeds that were briefly under his control but immediately transferred to a co-conspirator
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…
25A463 David Quarles v. United States Eleventh Circuit 2025-10-23 Application border-search cellphone-search electronic-device fourth-amendment law-enforcement probable-cause Whether a warrantless border search of a cellphone at a port of entry violates the Fourth Amendment's protection against unreasonable searches and sei…
25-5939 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 …
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…
25-5883 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…
25-5782 In Re Ramsey E. Clayter 2025-10-02 Denied IFP due-process ineffective-assistance involuntary-servitude probable-cause sixth-amendment subject-matter-jurisdiction 1. Whether court-appointed, counsel rendered ineffective assistance under the Sixth Amendment where counsel (a) sought to secure a guilty plea agains…
25A370 Eric Lebron Burney v. United States Sixth Circuit 2025-09-30 Presumed Complete cannabis fourth-amendment plain-smell-doctrine probable-cause reasonable-suspicion search-and-seizure Whether the 'plain smell doctrine' remains valid for establishing probable cause when cannabis odor no longer necessarily indicates illegal activity
25-5727 Aaron Smith v. Illinois Illinois 2025-09-25 Denied IFP arrest-warrant constitutional-violation due-process investigative-alert law-enforcement-procedure probable-cause Does the City of Chicago, Illinois violate the Constitution by executing an investigative alert opposed to a proper warrant when there is no exigent c…
25-5673 Daquon Rollo Corrothers v. North Carolina North Carolina 2025-09-18 Denied Response WaivedIFP curtilage fourth-amendment ineffective-assistance probable-cause search-and-seizure warrant Whether the Fourth Amendment protects a citizen from a search of the curtilage surrounding his home when prompted by a prior warrantless search, and w…
25A293 Martin Renteria v. United States Fifth Circuit 2025-09-15 Presumed Complete arrest-warrant criminal-procedure ineffective-assistance probable-cause search-warrant sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel was violated when trial and appellate counsel failed to challenge potentially unc…
25A291 Brycen Dennis Scofield v. Oregon Oregon 2025-09-12 Presumed Complete emergency-aid-exception exigent-circumstances fourth-amendment probable-cause search-and-seizure warrantless-search Whether the warrantless search of a residence under the emergency aid exception violates the Fourth Amendment when police no longer reasonably believe…
25A242 Aaron Rayshan Wells v. Texas Texas 2025-08-29 Presumed Complete digital-privacy fourth-amendment geofence-warrant location-tracking probable-cause search-and-seizure Whether geofence warrants violate the Fourth Amendment's prohibition on general warrants by allowing law enforcement to conduct broad, multi-step sear…
25A221 Wesley Mark Sudbury v. United States Ninth Circuit 2025-08-26 Presumed Complete confidential-informant criminal-discovery electronic-surveillance fourth-amendment probable-cause warrantless-surveillance Whether a defendant can challenge the admissibility of evidence obtained through warrantless surveillance by a confidential informant under the Fourth…
25-5431 Jason Cornell Matlock v. Indiana Indiana 2025-08-22 Denied Response WaivedIFP drug-investigation fourth-amendment probable-cause reasonable-inference search-warrant surveillance Whether a brief, unverified proximity of a drug dealer to a citizen's residence, without any observed interaction, constitutes sufficient probable cau…
25-5413 Raymond Ronald Jennings v. United States Fourth Circuit 2025-08-20 Denied Response WaivedIFP fourth-amendment good-faith-exception informant-credibility probable-cause reckless-disregard search-warrant Did the officer omit from his probable cause affidavit information concerning the two informant's credibility that could infer reckless disregard for …
25-5406 Malgum Whiteside, Jr. v. United States Sixth Circuit 2025-08-19 Denied Response WaivedIFP criminal-procedure evidence-suppression fourth-amendment law-enforcement probable-cause search-warrant Whether the district court improperly denied suppression of evidence and whether the appellate court improperly affirmed the district court's denial b…
25-194 Dianna E. Webb v. City of Westminster, California, et al. California 2025-08-18 Denied Response Waived fourth-amendment health-and-safety-code probable-cause search-and-seizure standing warrant-requirement Whether forcible and unauthorized entry pursuant to Cal. Health & Safety Code § 17980.7 violates Fourth Amendment search protections and requires a wa…
25A184 Ronald Smith v. Bexar County, Texas, et al. Fifth Circuit 2025-08-14 Presumed Complete fourth-amendment mental-health-detention probable-cause seizure traffic-stop warrantless-search Whether law enforcement may conduct a warrantless emergency mental health detention during a traffic stop based solely on subjective observations of '…
25-5330 Raymond Dugan v. United States Fourth Circuit 2025-08-12 Denied Response WaivedRelisted (2)IFP constitutional-protections fourth-circuit joint-venture law-enforcement probable-cause search-warrant Did the Fourth Circuit Court of Appeals construe the 'Joint-Venture' doctrine too narrowly to comply with constitutional protections?
25-161 Surgery Center Management, LLC v. United States Ninth Circuit 2025-08-11 Denied Response WaivedRelisted (2) asset-seizure criminal-law forfeiture proceeds property-rights statutory-interpretation Whether in a forfeiture action seeking 'proceeds,' the forfeiture of legitimately obtained assets is lawful
25-5309 Tedor Davido v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2025-08-08 Pending IFP criminal-procedure due-process false-testimony probable-cause self-representation warrant-exception In light of this Court's recent grant of certiorari in Case v. Montana to resolve the question of whether the emergency aid exception to the warrant r…
25-5300 In Re Onofre Serrano 2025-08-07 Denied IFP brady-violation constitutional-rights due-process evidence-suppression ninth-circuit probable-cause Whether the Ninth Circuit arbitrarily concluded that Petitioner has not made a substantial showing of the denial of a Constitutional right, and whethe…
25A148 Harry Barnett v. City of Chicago, Illinois, et al. Seventh Circuit 2025-08-05 Presumed Complete fourth-amendment malicious-prosecution probable-cause property-seizure section-1983 warrantless-arrest Whether a police officer's warrantless arrest based on probable cause arising from a good faith belief that property was stolen constitutes a valid Fo…
25-5273 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…
25-124 Theresa Maria Laws v. Borough of Lansdale, Pennsylvania, et al. Third Circuit 2025-07-31 Denied Response Waived fourteenth-amendment incorporation-doctrine malicious-prosecution monell-claim probable-cause section-1983 Whether lack of probable cause as an element of malicious prosecution under 42 U.S.C. § 1983 is a factual question for the jury; whether dismissal of …
25-112 Okello T. Chatrie v. United States Fourth Circuit 2025-07-30 Granted Amici (2)Relisted (2) cell-phone-privacy exclusionary-rule fourth-amendment geofence-warrant law-enforcement-search probable-cause Whether the execution of a geofence warrant by law enforcement seeking cell phone location data without a particularized warrant violates the Fourth A…
25A63 District of Columbia v. R.W. District of Columbia 2025-07-16 Presumed Complete fourth-amendment investigative-stop probable-cause reasonable-suspicion terry-stop totality-of-circumstances Whether a reviewing court may consider all known facts, including a radio dispatch, when assessing the totality of circumstances for reasonable suspic…
25A55 Dawn Eagle Feather Floyd v. United States Eighth Circuit 2025-07-14 Presumed Complete drug-offenses fourth-amendment probable-cause search-warrant standing suppression-motion Whether the Fourth Amendment permits law enforcement to conduct a warrantless search of a vehicle based on independent probable cause derived from the…
25-5077 In Re Deryl Nelson 2025-07-10 Dismissed Relisted (3)IFP arrest-warrant complaint-validity fourth-amendment ineffective-assistance judicial-hearing probable-cause Did the state appeals court err in finding probable cause for an arrest warrant issued without a sworn complaint or judicial finding of probable cause…
25-5047 Michael Francis v. United States First Circuit 2025-07-08 Denied Response WaivedIFP fourth-amendment informant-reliability judicial-integrity law-enforcement-misconduct probable-cause search-warrant Were Petitioner's Fourth Amendment rights violated when an FBI Agent obtained a search warrant for Petitioner's car by deliberately withholding inform…
25-5020 Dan L. Bozeman v. James R. Schiebner, Warden Sixth Circuit 2025-07-02 Denied Response WaivedIFP due-process fourth-amendment ineffective-assistance probable-cause stone-v-powell warrantless-arrest Whether a defendant is considered to have received a full and fair consideration of a 4th Amendment claim under Stone v. Powell when trial and appella…
24A1287 Kenneth J. Jouppi v. Alaska Alaska 2025-06-26 Presumed Complete alcohol-transportation dry-village eighth-amendment excessive-fines forfeiture mandatory-seizure Whether the Excessive Fines Clause of the Eighth Amendment prohibits the mandatory forfeiture of an aircraft used to transport a small quantity of alc…
24-7466 Patrick Joseph Duncan, Jr. v. United States Ninth Circuit 2025-06-18 Denied Response WaivedIFP criminal-procedure fourth-amendment law-enforcement probable-cause search-and-seizure state-law Whether federal courts may use state law definitions to narrow Fourth Amendment protections during law enforcement stops
24-7465 Nikky Nicole Lujan v. United States Fifth Circuit 2025-06-18 Denied Response WaivedIFP fourth-amendment investigative-detention law-enforcement-questioning probable-cause reasonable-suspicion traffic-stop Whether reasonable suspicion exists when an officer relies on a driver's allegedly suspicious answer to an itinerary question without further inquiry,…
24-1244 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…
24-7277 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…
24A1119 Curtis Levar Wells, Jr. v. Javier Fuentes, et al. Fourth Circuit 2025-05-20 Presumed Complete consent fourth-amendment inventory-search probable-cause qualified-immunity search-and-seizure Whether the Fourth Amendment permits warrantless searches based on purported consent when the totality of circumstances suggests the consent was not v…
24-7247 Tamika Seay v. Department of Justice, et al. Eleventh Circuit 2025-05-20 Denied Response WaivedIFP due-process fifth-amendment fourteenth-amendment plain-error probable-cause substantive-rights Whether the United States Government violated Petitioner's Substantive Rights under the Due Process Clause of the Fifth and Fourteenth Amendment, and …
24-7229 DeAndre Jackson v. United States Third Circuit 2025-05-16 Denied Response WaivedIFP criminal-procedure fourth-amendment law-enforcement probable-cause reasonable-suspicion traffic-stop Whether the Third Circuit's ruling that an officer's mere suspicion of a suspect's dangerousness absent any additional facts supports an arrest rather…
24-7213 Edward Magruder v. United States District of Columbia 2025-05-15 Denied Response WaivedIFP constitutional-law criminal-procedure fourth-amendment probable-cause search-incident-to-arrest warrantless-search Whether the Fourth Amendment's 'search incident to arrest' exception permits a warrantless search anytime agents had probable cause to believe that a …
24-7219 Martin Devalois v. United States Seventh Circuit 2025-05-15 Denied Response WaivedIFP drug-dog fourth-amendment law-enforcement probable-cause search-and-seizure traffic-stop Does a law enforcement officer violate the Fourth Amendment when he unnecessarily prolongs a traffic stop to conduct a drug dog sniff after completing…
24-7073 I. M. v. Illinois Illinois 2025-04-24 Denied Relisted (2)IFP confinement constitutional-rights due-process habeas-corpus mental-health-code probable-cause Whether the Illinois mental health code violates constitutional due process rights through arbitrary confinement without probable cause hearings and p…
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…
24-7028 Jeffrey Bowers v. Illinois Illinois 2025-04-17 Denied IFP constitutional-rights fourth-amendment identification-procedure lineup-suppression probable-cause sixth-amendment Whether the suppression of identification was warranted due to lack of timely probable cause determination and improper lineup procedure
24-7005 Alsham M. Laster v. Indiana Indiana 2025-04-16 Denied Response WaivedIFP criminal-procedure evidence-seizure fourth-amendment law-enforcement probable-cause warrantless-search Whether the warrantless seizure of a phone during a murder investigation violated the Fourth Amendment when police lacked probable cause, failed to li…
24-6998 Eric Ellis v. City of White Settlement, Texas, et al. Fifth Circuit 2025-04-15 Denied Response WaivedIFP fourth-amendment passenger-arrest probable-cause traffic-stop unreasonable-seizure warrantless-seizure Whether the warrantless seizure of a suspect's children without probable cause during a traffic stop violates the Fourth Amendment; Whether an arrest …
24-6987 Cornelius Mayberry v. United States Fourth Circuit 2025-04-14 Denied Response WaivedIFP arrest-procedure fourth-amendment informant-testimony probable-cause search-and-seizure warrantless-search Does a warrantless search and seizure of a closed container violate the Fourth Amendment absent clear evidence of intent to abandon, and does a warran…
24-6978 Adam Douglas Sherwood v. United States Tenth Circuit 2025-04-14 Denied Response WaivedIFP fourth-amendment investigative-detention probable-cause terry-stop vehicle-search warrantless-search Whether a police officer's stop of a white Silverado pickup truck 35 minutes after a gunshots-fired incident, based on a dispatch alert, constitutes a…
24-6929 Michael James Carson v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-04-04 Denied IFP custodial-interrogation due-process fourteenth-amendment fourth-amendment illegal-seizure probable-cause Did the lower courts erroneously fail to acknowledge and apply the correct laws and facts surrounding Petitioner's custodial interrogation, and did po…
24-6790 Saul Douglas Briggs v. United States Sixth Circuit 2025-03-18 Denied Response WaivedIFP criminal-procedure fourth-amendment good-faith-exception probable-cause search-warrant sixth-circuit Whether the Sixth Circuit correctly applied the good faith exception to a search warrant that allegedly lacked probable cause and nexus
24-988 Jorge Vasquez v. Superior Court of California, Tulare County, et al. California 2025-03-17 Denied Response Waived exclusionary-rule fourth-amendment good-faith-exception law-enforcement probable-cause search-warrant Can law enforcement's failure to state any facts to establish probable cause be excused as 'good faith' under the Fourth Amendment?
24-6715 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…
24-6637 Roger Moss v. United States Tenth Circuit 2025-02-25 Denied Response WaivedIFP criminal-procedure drug-trafficking fourth-amendment law-enforcement probable-cause search-warrant Does probable cause to believe a person is engaged in drug trafficking per se establish probable cause to search their home? If not, is the affiant's …
24-6597 Steven Matthew Boas v. Jason Graves, et al. Fourth Circuit 2025-02-20 Denied IFP civil-liberties constitutional-rights emergency-powers fourth-amendment law-enforcement probable-cause Whether probable cause exists during a stay at home order when an officer observes a person exiting a grocery store and video records police activity,…
24-863 Wanda L. Edwards v. South Dakota South Dakota 2025-02-12 Denied fourth-amendment passenger-rights probable-cause search-warrant traffic-stop vehicle-search Whether officers must have probable cause to search purses held or worn by passengers during traffic stops
24-851 Paul S. Osterman v. United States Seventh Circuit 2025-02-11 Denied Response Waived affidavit-challenge franks-challenge law-enforcement-procedure omissions probable-cause search-warrant In the context of a Franks challenge, when evaluating whether an alleged omission was necessary to a finding of probable cause, may a court supplement…
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…
24-846 Marc M. Susselman v. Washtenaw County Sheriff's Office, et al. Sixth Circuit 2025-02-07 Denied Response Waived civil-rights due-process first-amendment probable-cause rule-12b6 substantive-due-process Whether the Sixth Circuit violated Petitioner's due process rights by improperly dismissing a lawsuit under Rule 12(b)(6) and charging him with a misd…
24-6499 Michael J. Baniel v. United States Fifth Circuit 2025-02-07 Denied Response WaivedIFP fourth-amendment narcotics-investigation probable-cause reasonable-suspicion traffic-stop warrantless-search Whether Trooper Colton Derrick unreasonably extended a traffic stop by focusing on a narcotics investigation without reasonable suspicion or probable …
24-6492 Rufus Young v. Florida Eleventh Circuit 2025-02-06 Denied Response WaivedIFP de-novo-review evidentiary-hearing habeas-corpus ineffective-assistance mandamus-petition probable-cause Does a district court abuse its discretion when it denies a habeas petitioner an evidentiary hearing where the state record remains undeveloped, where…
24-6458 David C. Lettieri v. Federal Bureau of Investigation Second Circuit 2025-02-03 Denied IFP abuse-of-process constitutional-rights due-process false-arrest grand-jury probable-cause Whether a false arrest without probable cause constitutes a violation of due process rights
24-6424 Terrance L. Clopton v. Illinois Illinois 2025-01-30 Denied Response WaivedIFP constitutional-rights criminal-procedure evidence-tampering false-affidavit probable-cause warrantless-search Whether the use of a warrantless search by an officer based on a false affidavit violates the defendant's constitutional rights and can be grounds for…
24-6423 Davonte Laron Chaney v. United States Tenth Circuit 2025-01-30 Denied Response WaivedIFP affidavit false-statements fourth-amendment materiality probable-cause search-warrant Whether a search warrant affidavit establishes probable cause when the affiant made materially false statements
24-751 Giorgi Rtskhiladze v. Department of Justice, et al. District of Columbia 2025-01-17 Denied Response WaivedRelisted (2) appellate-procedure circuit-court damages-claim footnote-defamation forfeiture privacy-act Did Petitioner forfeit his Privacy Act damages claim where the damages issue was fully briefed and the decision finds no support in existing caselaw?
24-6273 Darren R. Reiner v. Wisconsin Wisconsin 2025-01-13 Denied Response WaivedRelisted (2)IFP brady-violation criminal-procedure due-process evidence-withholding judicial-discretion probable-cause Whether a Wisconsin Circuit Court Judge abused judicial discretion by preventing defense counsel from alleging potential evidence withholding and whet…
24-6254 Ryan Galal VanDyck v. United States Ninth Circuit 2025-01-08 Denied Response WaivedIFP constitutional-rights email-privacy fourth-amendment ineffective-assistance probable-cause warrantless-search Did the lower courts err by concluding that trial counsel was strategic to abandon a Fourth Amendment challenge to a warrantless email search, especia…
24A668 Juventino L. Plancarte v. United States Seventh Circuit 2025-01-08 Presumed Complete drug-sniffing-k9 fourth-amendment investigative-devices probable-cause search-and-seizure traffic-stop Whether the Fourth Amendment permits law enforcement to use a drug-sniffing K9 to detect possessions without probable cause during a traffic stop
24-6226 Andres Fernando Cabezas v. United States Eleventh Circuit 2025-01-02 Denied Response WaivedIFP bitcoin digital-property due-process fifth-amendment forfeiture procedural-standards Does the Fifth Amendment's Due Process Clause require explicit notice and adjudication for the forfeiture of intangible digital property, such as Bitc…
24A648 Richard L. Lewis v. Brian Emig, Warden, et al. Third Circuit 2024-12-31 Presumed Complete constitutional-challenge extraterritorial-surveillance fourth-amendment gps-tracking probable-cause search-warrant Whether the Fourth Amendment permits extraterritorial GPS tracking by state law enforcement without explicit statutory authorization or judicial warra…
24-6208 Luciano Molina Rios v. Washington Washington 2024-12-27 Denied IFP cell-phone-tracking fourth-amendment privacy-rights probable-cause search-and-seizure warrant-requirement Whether the Fourth Amendment to the U.S. Constitution prohibits the use of cell phone location data without a warrant to track a suspect's movements
24-681 Konstadin Bitzas v. New Jersey New Jersey 2024-12-26 Denied Response Waived due-process emergency-caretaker fourth-amendment pro-se-representation probable-cause search-warrant Whether defects in a search warrant application process, including failure to satisfy the oath requirement, omitting key facts about witnesses' intoxi…
24A566 Ladonies P. Strong v. United States Armed Forces 2024-12-11 Presumed Complete court-martial digital-search electronic-devices fourth-amendment military-justice probable-cause Whether the Fourth Amendment permits warrantless digital searches of military personnel's electronic devices during a court-martial proceeding without…
24-624 William Trevor Case v. Montana Montana 2024-12-06 Judgment Issued Amici (18)Response RequestedResponse WaivedRelisted (5) emergency-aid-exception exigent-circumstances home-search law-enforcement-entry probable-cause search-warrant Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the eme…
24-6067 Jerrelle Quintrez Gladden v. United States Eleventh Circuit 2024-12-03 Denied Response WaivedIFP criminal-defense fifth-amendment probable-cause search-warrant sixth-amendment-right witness-exclusion May a district court exclude a defense witness when he will invoke the Fifth Amendment in response to certain questions but undisputedly will answer a…
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…
24-6039 Charles Derryberry v. United States Fifth Circuit 2024-11-26 Denied Response WaivedIFP criminal-prosecution informant-tip law-enforcement probable-cause search-and-seizure weapon-possession Should the Court require that the purpose of the informant's tip be true before it can be used to prosecute someone arising out of a stop?
24-6024 Rudolph Daniel Miffin, Jr. and Jermaine Darnell Johnson v. United States Fourth Circuit 2024-11-25 Denied Response WaivedIFP automobile-exception fourth-amendment marijuana-decriminalization probable-cause vehicle-search warrantless-search Where a state has decriminalized simple possession of marijuana, can state and local police conduct a warrantless search of a vehicle based on the aut…
24-571 Elizabeth Peters Young v. United States Eleventh Circuit 2024-11-21 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) co-conspirator criminal-law forfeiture honeycutt-precedent property-transfer statutory-interpretation Under Honeycutt, can a defendant be ordered to forfeit property that was intended for and ultimately acquired by her co-conspirator, merely because th…
24-5960 Christopher Patrick McGowan v. Pennsylvania Pennsylvania 2024-11-13 Denied Relisted (2)IFP fifth-amendment fourteenth-amendment fourth-amendment grand-jury preliminary-hearing probable-cause Did the Franklin County Court of Common Pleas violate the petitioner's Fourth, Fifth, and Fourteenth Amendment rights through improper judicial proced…
24A480 Randal M. Hall v. Travis Trochessett, et al. Fifth Circuit 2024-11-13 Presumed Complete arrest-warrant fifth-circuit first-amendment interference-with-public-duties probable-cause speech-exception Whether a verbal argument with a police officer constitutes probable cause for arrest under Texas law when the speech is protected by the First Amendm…
24-5955 John C. Coleman v. Ohio Ohio 2024-11-12 Denied IFP constitutional-rights dna-collection due-process fourth-amendment probable-cause warrant Whether the DNA obtained from a suspect without a warrant and without probable cause violates the Fourth and Fourteenth Amendments' due process protec…
24-484 Michigan v. David Allan Lucynski Michigan 2024-10-31 Denied Response RequestedResponse WaivedRelisted (2) evidence-suppression fourth-amendment legal-mistake police-conduct probable-cause reasonable-standard Whether all unreasonable mistakes of law by police constitute deliberate or reckless conduct requiring evidence suppression
24-492 Marino Scafidi v. Las Vegas Metropolitan Police Department, et al. Ninth Circuit 2024-10-31 Denied Response Waived civil-rights material-fact nonmovant-evidence probable-cause summary-judgment supreme-court-precedent Whether the Ninth Circuit violated Supreme Court precedent by improperly weighing evidence and failing to draw justifiable inferences in favor of the …
24-5864 Antwone Miguel Sanders v. United States Sixth Circuit 2024-10-30 Denied Response WaivedIFP due-process fourth-amendment leon-exception nexus probable-cause search-warrant Whether the search warrant affidavit failed to establish the requisite nexus for searching a private residence and whether the Leon good-faith excepti…
24-5830 Derek Tyler Horton v. Alabama Alabama 2024-10-25 Denied Response WaivedIFP constitutional-rights fourth-amendment law-enforcement pretextual-arrest probable-cause warrant-execution Whether a police officer's reason for acting should factor into the Fourth Amendment inquiry and whether an arrest can be considered lawful when circu…
24-5771 Kyle Christopher Zoellner v. City of Arcata, California, et al. Ninth Circuit 2024-10-17 Denied IFP criminal-procedure due-process evidence-tampering fourth-amendment probable-cause sixth-amendment Whether the Ninth Circuit erred in affirming the district court's judgment regarding probable cause for arrest and the constitutional implications of …
24-424 Raymond N. Bailey, Jr. v. Arkansas Arkansas 2024-10-16 Denied Amici (3) criminal-supervision fourth-amendment probable-cause residency-verification search-and-seizure warrantless-search Whether a warrantless search violates the Fourth Amendment where government lacks probable cause to believe the place searched is the person's actual …
24A361 William Trevor Case v. Montana Montana 2024-10-16 Presumed Complete community-caretaking emergency-aid exigent-circumstances fourth-amendment probable-cause warrantless-search Whether the Fourth Amendment permits warrantless home entry under a 'community caretaking' exception when officers subjectively believe an occupant ma…
24-5755 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
24-5757 Damian Cortez v. United States First Circuit 2024-10-15 Denied Response WaivedIFP circuit-split fourth-amendment franks-hearing offer-of-proof probable-cause search-warrant Whether a circuit split exists regarding the standard for presenting an offer of proof under Franks v. Delaware and the Fourth Amendment requirements …
24-5745 Brian Broussard v. United States Fifth Circuit 2024-10-11 Denied Response WaivedIFP collective-knowledge constitutional-challenge due-process probable-cause seizure warrantless-search Whether 18 U.S.C. 922(g)(1) is unconstitutional and fails to provide probable cause for detaining an American Citizen, and to what extent can collecti…
24-5738 Corloyd Anderson v. United States Fourth Circuit 2024-10-10 Denied Response WaivedIFP affiant-misconduct bad-faith criminal-procedure fourth-amendment probable-cause warrant-clause Does the Warrant Clause require a new trial when newly-discovered evidence establishes that a law enforcement affiant concealed prior felonious conduc…
24-372 William Robert Taft v. Colorado Colorado 2024-10-02 Denied Response Waived criminal-procedure fourth-amendment probable-cause protective-sweep unreasonable-search warrant-requirement Whether the Colorado Court of Appeals reversibly erred by expanding the protective sweep exception to the Fourth Amendment warrant requirement beyond …
24A304 Elizabeth Peters Young v. United States Eleventh Circuit 2024-09-30 Presumed Complete appellate-review circuit-split criminal-proceeds forfeiture health-care-payor honeycutt-precedent Whether federal courts can impose criminal forfeiture against private health care payors following the Supreme Court's decision in Honeycutt v. United…
24-5607 Brandon Williams v. North Carolina, et al. North Carolina 2024-09-23 Denied Response WaivedIFP constitutional-violation due-process false-arrest probable-cause speedy-trial subject-matter-jurisdiction Did the Supreme Court of North Carolina err in not addressing issues surrounding false arrest, due process violations, and potential constitutional in…
24-310 Sean Michael McGuire v. Texas Texas 2024-09-19 Denied Response Waived exigent-circumstances felony-arrest fourth-amendment misdemeanor probable-cause warrantless-arrest Does the Fourth Amendment permit a police officer to make a warrantless arrest for a felony not committed in his presence where probable cause only ex…
24A268 Marino Scafidi v. Las Vegas Metropolitan Police Department, et al. Ninth Circuit 2024-09-17 Presumed Complete exculpatory-evidence fourth-amendment malicious-prosecution probable-cause summary-judgment warrantless-search Whether the Fourth Amendment requires law enforcement to immediately release a suspect from custody when probable cause dissipates due to newly discov…
24-5513 Jacob D. Lickers v. United States Seventh Circuit 2024-09-11 Denied Response WaivedIFP bad-faith franks-hearing good-faith-exception ineffective-assistance probable-cause search-warrant May a search warrant affiant be excused under the Good Faith Exception when intentionally withholding critical information about prior state court sup…
24-5505 David Brian Larche, Jr. v. United States Eleventh Circuit 2024-09-10 Denied Response WaivedIFP fourth-amendment probable-cause reasonable-suspicion terry-stop traffic-stop warrantless-detention Whether possession of cash alone constitutes reasonable suspicion to prolong a warrantless detention after a completed traffic stop
24-5473 James Williams v. United States Second Circuit 2024-09-05 Denied Response WaivedIFP criminal-procedure due-process fourth-amendment probable-cause search-and-seizure warrant-requirement Question not identified.
24A238 Gregory Rogers v. United States Sixth Circuit 2024-09-04 Presumed Complete criminal-procedure expectation-of-privacy fourth-amendment probable-cause vehicle-search warrantless-search Whether a passenger in a borrowed vehicle who has the owner's permission to use the car retains a Fourth Amendment privacy interest even when not driv…
24-5396 Pedro Pablo Fuentes v. Steven Harpe Tenth Circuit 2024-08-27 Denied IFP collective-knowledge-doctrine detention fourth-amendment probable-cause search-and-seizure traffic-stop Whether law enforcement can detain a suspect and conduct a K-9 search after issuing a traffic citation without additional probable cause or consent
24-5397 Bruce Sanford v. United States Eighth Circuit 2024-08-27 Denied Response WaivedIFP constitutional-rights fourth-amendment freedom-of-movement law-enforcement probable-cause seizure Whether a citizen is seized within the meaning of the Fourth Amendment when law enforcement impedes the citizen's freedom of movement?
24-5381 Nathan Cooper v. United States Eleventh Circuit 2024-08-23 Denied Amici (4)Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights fourth-amendment police-search probable-cause stop-and-frisk terry-stop Whether the Court should overrule the frisk holding of Terry v. Ohio, which allows police officers to search people absent probable cause to arrest
24-5321 Terry M. Peterson, Jr. v. Wisconsin Wisconsin 2024-08-15 Denied Response WaivedRelisted (2)IFP bodily-integrity fourth-amendment medical-procedure probable-cause search-and-seizure warrantless-search Whether a warrantless search of a suspect's body during a medical procedure violates the Fourth Amendment's protection against unreasonable searches
24-5300 Shakeen Davis, Jamal Lockley, and Dante D. Bailey v. United States Fourth Circuit 2024-08-12 Denied Response WaivedIFP bad-faith fourth-amendment probable-cause search-warrants warrant-clause wiretap-orders Does the Warrant Clause require a new trial when newly discovered evidence establishes that an affiant who applied for wiretap orders and search warra…
24-5278 Mark Manuel Angeles Marino v. United States Eleventh Circuit 2024-08-08 Denied Response WaivedIFP fifth-amendment fourth-amendment probable-cause search-warrant self-incrimination sentencing-hearing Whether a defendant's Fifth Amendment privilege against self-incrimination was violated by drawing an adverse inference from silence at a sentencing h…
24-5251 Keith Vernon Davis v. David Close, Superintendent, State Correctional Institution at Houtzdale Third Circuit 2024-08-07 Denied Relisted (2)IFP counsel-conflict due-process judicial-determination probable-cause property-seizure sixth-amendment Whether an independent judicial determination of probable cause was made prior to entry and seizure of property, and whether the trial court erred in …
24-5220 Christopher L. Smith v. Ohio Ohio 2024-08-05 Denied IFP civil-procedure-joinder confidential-informant constitutional-rights criminal-procedure due-process fair-trial prejudicial-joinder probable-cause rules-of-evidence search-warrant sufficiency-of-evidence Whether prejudicial joinder of unrelated counts violates the right to a fair trial,
24-5226 Terry Dwayne Jones v. United States Fourth Circuit 2024-08-05 Denied Response WaivedIFP burden-of-proof fourth-amendment law-enforcement pacing probable-cause search-and-seizure speed-estimation traffic-stop warrantless-search Whether an officer's invocation of 'pacing' as a basis for a traffic stop, without any ability to show how he was trained to use such a technique or w…
24-116 Daniel A. Madero v. Owen McGuinness Seventh Circuit 2024-08-01 Denied Response Waived appellate-review civil-rights due-process fourth-amendment material-fact probable-cause summary-judgment tolan Whether the denial of Mr. Madero's appeal to Respondent's motion for summary judgment was in error, under this Court's ruling in Tolan, as there was a…
24-5197 Curtis Mitchell Paul v. United States Sixth Circuit 2024-07-31 Denied Response WaivedIFP criminal-investigation empirical-evidence fourth-amendment officer-mistake probable-cause reasonable-suspicion seizure terry-stop terry-v-ohio totality-of-the-circumstances Whether a police officer violates the Fourth Amendment when he seizes for criminal investigation a pedestrian walking in the vicinity of a recent robb…
24-5174 Michael D. Carver v. City of Kalamazoo, Michigan, et al. Sixth Circuit 2024-07-30 Denied IFP absolute-immunity fabricated-evidence false-arrest fourth-amendment franks-doctrine investigative-conduct malicious-prosecution probable-cause qualified-immunity Whether Franks applies to material omissions, and whether probable cause is vitiated for a particular offense where the omitted information is exculpa…
24-89 Cory Johnson v. United States Second Circuit 2024-07-29 Denied Response Waived 4th-amendment-search-and-seizure digital-evidence digital-privacy fourth-amendment gps metadata metadata-search probable-cause riley-precedent riley-v-california warrant-requirements warrant-scope Does Riley v. California prohibit the Government from searching privacy protected GPS information in the metadata of a digital video labeled contraban…
24-5150 Toyrieon Sessions v. United States Ninth Circuit 2024-07-26 Denied Response WaivedIFP Due-Process fourth-amendment law-enforcement mobile-device Mobile-Devices Probable-Cause Riley-v-California search-and-seizure Seizure warrant-requirement Warrantless-Search Fourth-Amendment
24-5136 John Michael Murphy v. United States Fifth Circuit 2024-07-25 Denied Response WaivedIFP 4th-amendment constitutional-violation contraband fourth-amendment pat-down plain-touch-doctrine probable-cause search-and-seizure warrantless-search Whether the plain-touch doctrine allows deputies to remove an unknown object from under a person's clothing when they do not believe it is a weapon or…
24A72 Raymond N. Bailey, Jr. v. Arkansas Arkansas 2024-07-22 Presumed Complete fourth-amendment probable-cause probation-condition reasonable-suspicion search-waiver warrantless-search Whether the Fourth Amendment requires probable cause, rather than reasonable suspicion, to conduct a warrantless search of a probationer's residence u…
24-5115 Jima Brown v. New York New York 2024-07-19 Denied IFP constitutional-rights criminal-procedure due-process fourth-amendment investigative-suspicion law-enforcement privacy probable-cause search-and-seizure warrantless-search Question not identified
24-5092 Moises Orlando Zelaya-Veliz, Jose Eliezar Molina-Veliz, Luis Alberto Gonzales, Gilberto Morales, and Jonathan Rafael Zelaya-Veliz v. United States Fourth Circuit 2024-07-16 Denied IFP digital-privacy facebook-data fourth-amendment government-scrutiny probable-cause search-and-seizure search-warrant social-media temporal-limitation warrant Does the Fourth Amendment prohibit the issuance of apparent 'all-data' warrants for Facebook accounts without any temporal limitation or for a period …
24-5074 Charles Brian O'Neill v. United States Sixth Circuit 2024-07-15 Denied Response WaivedIFP 4th-amendment exclusionary-rule fourth-amendment good-faith good-faith-exception law-enforcement probable-cause search-warrant suppression Do the deficiencies in the search warrants and their supporting affidavits merit good faith protection from the exclusionary rule?
24-5028 Rafael Cardona, Sr. v. United States First Circuit 2024-07-09 Denied Response WaivedIFP appellate-review criminal-procedure federal-rules-of-criminal-procedure forfeiture good-cause motion-timeliness multiplicity plain-error-review rule-12 waiver Whether Fed. R. Crim. P. 12, as amended in 2014, mandates a forfeiture or waiver of a multiplicity claim not timely raised in the district court, and …
24-5001 Tito Lemont Knox v. Jeffrey Krueger, Warden Fourth Circuit 2024-07-03 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-claim criminal-procedure due-process evidence federal-law habeas-corpus ineffective-assistance privacy probable-cause search-and-seizure state-court-review Question not identified
23-7844 Marcus Orlando Armstrong v. United States Ninth Circuit 2024-07-02 Denied Response WaivedIFP appellate-review criminal-procedure district-court district-court-jurisdiction forfeiture forfeiture-doctrine judicial-discretion objection sentencing sentencing-procedure standard-of-review Does a defendant forfeit a challenge to the manner in which the district court imposed sentence by failing to object after the sentence is pronounced,…
23-7824 Kwuan Montrell Baker v. United States Eleventh Circuit 2024-06-28 Denied Response WaivedIFP fourth-amendment fourth-amendment-balancing law-enforcement pretextual-stop probable-cause reasonable-suspicion traffic-stop whren-v-united-states Whether an admittedly pretextual traffic stop based on reasonable suspicion, rather than probable cause, violates the Fourth Amendment
23-7827 Gianni Montay Minners v. United States Tenth Circuit 2024-06-28 Denied Response WaivedIFP 4th-amendment fourth-amendment gang-affiliation high-crime-area investigative-detention law-enforcement prior-gun-possession probable-cause reasonable-suspicion search-and-seizure Is an investigative detention reasonable when there are insufficient facts to conclude the individual is a gang member or the area is a high crime are…
23-7834 Willie Medina v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-06-28 Denied IFP 4th-amendment 6th-amendment civil-rights constitutional-rights due-process excessive-force judicial-review law-enforcement probable-cause search-warrant unlawful-detention Whether the officers had probable cause for the stop, whether there was a search warrant for the car, whether there was sufficient evidence to support…
23-7795 Marc Pierre Hall, aka Marc Valeriano, aka Fella v. United States Fourth Circuit 2024-06-25 Denied Response WaivedIFP appellate-review constitutional-law criminal-procedure due-process fourth-amendment law-enforcement probable-cause search-and-seizure sentencing statutory-interpretation Whether the sentencing court had discretion to correct or perpetuate constitutional errors in the defendant's sentence
23-7748 Jacob W. Barron v. United States Fifth Circuit 2024-06-18 Denied Response WaivedIFP compliance-check criminal-procedure fourth-amendment fourth-amendment-expectation-of-privacy law-enforcement privacy-expectation probable-cause probation probation-search warrantless-search Did the warrantless search of Mr. Barron's home that was not related to monitoring his compliance with his probation offend his Fourth Amendment expec…
23-7734 Reshod Jamar Everett v. United States Fourth Circuit 2024-06-17 Denied Response WaivedIFP criminal-procedure fourth-amendment fourth-amendment-rights law-enforcement maryland-v-buie probable-cause protective-sweep reasonable-belief warrantless-search fourth-amendment
23-1311 Charles W. Washington v. Louisiana Louisiana 2024-06-14 Denied affidavit drug-activity fourth-amendment oral-testimony probable-cause search-warrant sgro-precedent time-delay warrant-application Whether the mandates announced in Sgro v. United States were violated in the issuance of the search warrant
23-7713 Calvin K. Wilson v. Florida Florida 2024-06-13 Denied Response WaivedRelisted (2)IFP exclusionary-rule false-statements fourth-amendment franks-v-delaware judicial-integrity law-enforcement probable-cause search-warrant Whether the Fourth Amendment exclusionary rule requires suppression of evidence obtained through a search warrant that was based in part on false stat…
23A1094 Daniel A. Madero v. Owen McGuinness Seventh Circuit 2024-06-07 Presumed Complete circuit-split due-process exculpatory-evidence law-enforcement probable-cause summary-judgment Whether law enforcement officers must consider exculpatory evidence when determining probable cause for an arrest, resolving a potential circuit split…
23-1285 Shawn T. Swindell v. Kenneth Bailey Eleventh Circuit 2024-06-07 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights exigent-circumstances fourth-amendment law-enforcement-entry misdemeanor misdemeanor-arrest payton-rule payton-v-new-york probable-cause qualified-immunity Was the entry into the home to arrest the misdemeanant clearly established as unconstitutional?
23-7636 Russell Davis v. United States Sixth Circuit 2024-06-04 Denied Response WaivedIFP 4th-amendment exclusionary-rule fourth-amendment good-faith-exception law-enforcement probable-cause search-and-seizure sworn-testimony warrant-affidavit Does the Leon good-faith exception apply to salvage a barebones affidavit?
23-1255 Dephne Nguyen Wright v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2024-05-30 Denied certificate-of-appealability federal-habeas fourth-amendment habeas-corpus harmless-error ineffective-assistance-of-counsel probable-cause search-warrant Whether the U.S. Court of Appeals for the Fifth Circuit and district court applied too demanding of a standard governing issuance of a certificate of …
23-7580 Joseph Moraga v. Texas Texas 2024-05-29 Denied IFP 4th-amendment advisory-opinion contemporaneous-to-arrest custodial-arrest fourth-amendment possession probable-cause reasonable-expectation-of-privacy search-incident-to-arrest warrantless-search Whether the warrantless search of luggage stored in a motel closet was valid as incident to arrest
23-7529 Reginald Andrew Paulk, Sr. v. L. Benson, et al. Eleventh Circuit 2024-05-22 Denied IFP appellate-procedure civil-rights counsel due-process federal-law judicial-review probable-cause qualified-immunity racial-animus sovereign-immunity standard-of-review Did the District Court and the Eleventh Circuit use the incorrect standard to review the issues and thus incorrectly apply the law?
23A1041 Charles Brian O'Neill v. United States Sixth Circuit 2024-05-22 Presumed Complete exclusionary-rule fourth-amendment good-faith-exception material-misrepresentation probable-cause search-warrant Whether the good faith exception to the Exclusionary Rule under U.S. v. Leon impermissibly erodes Fourth Amendment protections when applied to search …
23A1042 Curtis Mitchell Paul v. United States Sixth Circuit 2024-05-22 Presumed Complete digital-device exigent-circumstances fourth-amendment motion-to-suppress probable-cause warrantless-search Whether the Fourth Amendment permits the warrantless search of a digital device based on exigent circumstances without a contemporaneous probable caus…
23-1228 Mason Murphy v. Michael Schmitt Eighth Circuit 2024-05-21 GVR Response RequestedRelisted (2) circuit-split civil-rights first-amendment free-speech nieves-exception probable-cause retaliatory-arrest selective-enforcement selective-prosecution Whether the Nieves probable-cause exception allows courts to consider allegations that no one else has been arrested for the same crime
23-7511 Rodney Johnson v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2024-05-20 Denied IFP appellate-procedure constitutional-law constitutional-rights criminal-procedure due-process evidence exclusionary-rule fourth-amendment probable-cause search-and-seizure Whether the issuing authority failed to comply with the rules of court to exclude the judge's signed order of the AEE and deny a writ of probable caus…
23-7416 Christopher J. Pratt v. United States Second Circuit 2024-05-08 Denied Response WaivedIFP 4th-amendment circuit-court-split circuit-split fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant staleness standard-of-review Did the Second Court of Appeals err when they failed to apply their own standards under United States v. Raymonda, 780 F.3d 105 (2nd Cir. 2015), when …
23-7423 Glenn Francis v. Thomas Scarantino, Warden, et al. Eleventh Circuit 2024-05-08 Denied Response WaivedIFP civil-rights immunity immunity-doctrine jury-trial probable-cause punitive-damages writ-of-certiorari wrongful-incarceration Can you deny me a jury trial for civil rights violations and wrongful incarceration and punitive damages based only on immunity of defendants
23-7321 Bentley Streett v. United States Tenth Circuit 2024-04-26 Denied IFP exclusionary-rule fourth-amendment good-faith-exception inevitable-discovery probable-cause search-and-seizure search-warrant warrant-defect warrant-requirement Whether the good-faith exception applies to save evidence obtained through an unconstitutional warrant because, hypothetically, if the magistrate had …
23-7323 Damon Todd Carey v. United States Third Circuit 2024-04-26 Denied Response WaivedIFP exclusionary-rule expert-testimony fourth-amendment good-faith good-faith-doctrine independent-source inevitable-discovery probable-cause warrant-requirement Whether the 'inevitable discovery' doctrine requires the alternative theory to be active during the illegal search, and whether illegally obtained evi…
23-7295 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 …
23-7269 Willis Maxi v. United States Eleventh Circuit 2024-04-19 Denied Response WaivedIFP 4th-amendment criminal-procedure exclusionary-rule probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures
23A941 Rafael Cardona, Sr. v. United States First Circuit 2024-04-19 Presumed Complete circuit-split criminal-procedure forfeiture plain-error rule-12b8 waiver Whether a failure to raise a Rule 12(b)(8) issue in the district court results in waiver or forfeiture, and thus whether the issue is unreviewable or …
23-7251 In Re Raynada Jones 2024-04-18 Denied IFP constitutional-law constitutional-rights criminal-procedure due-process felony-murder jurisdiction magistrate probable-cause subject-matter-jurisdiction Whether petitioner is in custody in violation of the Constitution or laws or treaties of the United States
23-1114 Charles R. Hays v. United States Seventh Circuit 2024-04-15 Denied Response Waived automobile-exception contraband criminal-procedure fourth-amendment law-enforcement passenger probable-cause search search-and-seizure Whether law enforcement has probable cause under the Fourth Amendment's automobile exception to search a driver's vehicle based on a passenger's perso…
23-1116 Daniel Creger v. Andrew Tucker, et al. Sixth Circuit 2024-04-15 Denied Response Waived 4th-amendment civil-rights fourth-amendment malicious-prosecution material-misrepresentation probable-cause section-1983 warrant-affidavit Whether state law citations showing lack of evidence for criminal charges is sufficient to establish lack of probable cause for a 42 U.S.C. § 1983 mal…
23-7215 David Hueston v. United States Seventh Circuit 2024-04-12 Denied Response WaivedIFP attorney-client-privilege evidentiary-weight fourth-amendment franks-hearing franks-v-delaware officer-affiant probable-cause prosecutorial-consultation prosecutorial-discretion search-and-seizure search-warrant Whether a reviewing court may place substantial evidentiary weight on an officer-affiant's consultation with a prosecuting attorney before seeking and…
23-1102 Timothy Allen Davis, Sr. v. City of Apopka, Florida Eleventh Circuit 2024-04-11 Denied Response Waived civil-rights due-process false-arrest immunity law-enforcement probable-cause qualified-immunity search-and-seizure section-1983 stand-your-ground Whether the federal court denied effect to the immunity provision of the state statute
23-1107 Joan Ghougoian, et al. v. Lamarr Monson Sixth Circuit 2024-04-11 Denied 4th-amendment civil-rights constitutional-standard devenpeck fourth-amendment malicious-prosecution manuel pre-trial-detention probable-cause section-1983 Whether the Fourth Amendment's objective standard applies to all claims arising thereunder, such that there is no violation so long as probable cause …
23-1082 Atticus Sliter-Matias v. United States Third Circuit 2024-04-04 Denied Response Waived compulsory-process due-process entrapment evidence-tampering fourth-amendment probable-cause search-and-seizure witness-disclosure Whether the admission in evidence of 161 eBay & e to PayPal accounts seized and modified by them with + . so, information obtained from Postal Inspect…
23-7121 Basilio Hernandez v. United States Second Circuit 2024-04-02 Denied Response WaivedIFP docket-procedure docket-sheet exclusionary-rule fourth-amendment good-faith-exception probable-cause search-and-seizure warrant warrant-requirement Did the court err in finding that the good-faith-exception to the exclusionary-rule applied?
23-7102 Jeremy Lee Koons v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2024-03-28 Denied Response WaivedIFP exclusionary-rule fourth-amendment gps-tracking law-enforcement probable-cause search-and-seizure vehicle-search warrantless-search Whether the warrantless placement of a GPS tracking device on a vehicle and the subsequent warrantless search of that vehicle violates the Fourth Amen…
23-7087 Natasha Bates, aka Tasha Bates v. Tennessee Tennessee 2024-03-27 Denied IFP 4th-amendment 6th-amendment criminal-procedure evidence fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment Did the trial court commit reversible error by failing to grant Petitioner's post conviction relief due to introduction of evidence from a warrantless…
23-1050 Luis Sanchez, et al. v. United States Eleventh Circuit 2024-03-22 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) amendment circuit-split civil-forfeiture criminal-procedure due-process forfeiture pleading pleading-deficiency statutory-interpretation Whether a timely-filed 21 U.S.C. § 853(n) petition may be amended to cure a pleading deficiency after the 30-day filing period has run
23-7013 Jason Steven Kokinda v. United States Fourth Circuit 2024-03-18 Denied Response WaivedIFP boumediene-precedent boumediene-v-bush civil-rights detention-challenge due-process habeas-corpus liberty-interests probable-cause writ-of-certiorari Is the panel decision in conflict with Boumediene v. Bush, in suspending the Writ of Habeas Corpus when a misinterpretation of law is being used to de…
23-6990 Kristopher Dean Putnam v. United States Fifth Circuit 2024-03-15 Denied Response WaivedIFP cell-phone cell-phone-search exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant Does the Fourth Amendment permit the issuance of a search warrant for a cell phone absent case-specific facts connecting the alleged crime and the pho…
23-6957 Marcus Kelly v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-03-11 Denied Response WaivedIFP 4th-amendment cannabis-odor exigent-circumstances fourth-amendment probable-cause scope-of-search search-and-seizure search-scope vehicle-search warrantless-search Does dismantling the vehicle interior exceed the scope of a warrantless search based on the odor of burnt cannabis?
23-6916 Rufaro Christopher Smith v. Jacob Beasley, Warden Eleventh Circuit 2024-03-07 Denied Response WaivedIFP border-search civil-procedure civil-rights due-process electronic-privacy fourth-amendment georgia-constitution probable-cause search-and-seizure standing takings warrant-exception Whether the Eleventh Circuit Court of Appeals erred in concluding that Petitioner's claims were constitutionally barred by the Eleventh Amendment
23-6897 Pedro Armando Nava v. United States Eighth Circuit 2024-03-06 Denied Response WaivedIFP fourth-amendment fourth-amendment-search-and-seizure industrial-hemp marijuana-odor medical-marijuana odor-of-marijuana probable-cause vehicle-search warrantless-search Whether the Fourth Amendment permits a warrantless search based on marijuana odor in a state with legal medical marijuana and hemp
23-6909 Arnold D. Holland v. United States Eleventh Circuit 2024-03-06 Denied Response WaivedIFP criminal-procedure fourth-amendment probable-cause reasonable-suspicion search search-and-seizure supervised-release totality-of-circumstances Whether the Fourth Amendment applies to the act of searching or the initial decision to search, based on an objective standard considering the totalit…
23A810 Arthur Lopez v. Court of Appeal of California, Second Appellate District, et al. California 2024-03-04 Presumed Complete border-search electronic-devices fourth-amendment privacy-rights probable-cause warrantless-search Whether the Fourth Amendment permits warrantless searches of electronic devices at the border without individualized suspicion of criminal activity
23-945 Ilana Bangiyeva v. United States Fourth Circuit 2024-02-29 Denied Response Waived asset-seizure civil-procedure criminal-procedure district-court due-process forfeiture judicial-review legal-interest property-forfeiture property-rights standing united-states-government What is the appropriate test to determine whether petitioner has a sufficient legal interest in forfeited property
23-907 Pablo Pastrana v. New York New York 2024-02-22 Denied Response Waived brown-vs-texas constitutional-law fourth-amendment law-enforcement police-roadblocks probable-cause reasonable-suspicion roadblock search-and-seizure Whether a vehicular roadblock satisfies the standard for a reasonable search and seizure under the Fourth Amendment
23-6796 Yanier N. Tellez, aka Yanier Tellez-Crespo v. United States Sixth Circuit 2024-02-21 Denied Response WaivedIFP 4th-amendment consent consent-search fourth-amendment probable-cause search-and-seizure seizure-of-evidence traffic-stop wallet-search warrantless-search Was the District Court's denial of Petitioner's Motion to Suppress a result of clear error in determining the facts relative to consent for search ver…
23-893 Jonathan Walker v. Arkansas Arkansas 2024-02-21 Denied 4th-amendment algorithm digital-privacy fourth-amendment law-enforcement law-enforcement-search private-company probable-cause search-and-seizure technology-search warrant-requirement Does the Fourth Amendment require a warrant to open a digital file flagged by a private company's algorithm as potentially illegal?
23-869 Tyler Land v. Donald L. Edenfield, in His Official Capacity as Sheriff of Jackson County, Florida, et al. Eleventh Circuit 2024-02-13 Denied 4th-amendment affidavit criminal-arrest fourth-amendment intentional-misstatements law-enforcement probable-cause reckless-misstatements search-and-seizure warrant When is evidence of mere presence in a car with an alleged drug dealer sufficient for probable cause to arrest the driver?
23-6725 Deonte Marques Curry v. United States Fourth Circuit 2024-02-12 Denied Response WaivedIFP court-of-appeals criminal-procedure due-process electronic-filing forfeiture notice restitution sentencing sentencing-error Whether due process is satisfied when the government relies solely on the district court's electronic case filing system to notify defendant's counsel…
23-6715 Re'Shaun Lamonte Wilborne v. United States Fourth Circuit 2024-02-09 Denied Response WaivedIFP criminal-procedure evidence exclusionary-rule fourth-amendment inevitable-discovery inventory-search probable-cause search-and-seizure Whether the inventory search doctrine can be invoked on slight evidence when no written inventory search policy was produced and the police officer's …
23-860 Brandon Holtan, et al. v. Mark Edward Nieters Eighth Circuit 2024-02-09 Denied civil-rights due-process fourth-amendment free-speech law-enforcement probable-cause qualified-immunity unlawful-assembly warrantless-arrest Whether probable cause existed to arrest for unlawful assembly
23-6688 Christian Alejandro Estrella v. United States Ninth Circuit 2024-02-07 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment law-enforcement parole parole-search police-authority probable-cause search-and-seizure suspicionless-search suspicionless-seizure Does probable cause to believe that a person is on parole suffice for a suspicionless seizure and search or is knowledge of parole status required?
23-6694 Michael T. Braxton v. Warden, Anderson County Detention Center Fourth Circuit 2024-02-07 Denied Response WaivedIFP civil-rights constitutional-rights due-process probable-cause state-corrective-process state-court-abuse subject-matter-jurisdiction younger-abstention Did the State of South Carolina deny the Petitioner a Substantial Constitutional right to a 'Constitutionally Adequate' probable-cause determination?
23A732 Mason Murphy v. Michael Schmitt, in His Individual Capacity Eighth Circuit 2024-02-07 Presumed Complete first-amendment jaywalking nieves-exception probable-cause retaliatory-arrest selective-enforcement Whether the probable-cause exception to retaliatory arrest claims under Nieves v. Bartlett can be satisfied by generalized evidence of selective enfor…
23-6678 In Re Tina Wagoner 2024-02-06 Denied IFP arrest civil-rights criminal-procedure due-process evidence probable-cause Whether the criminal court and law enforcement's failure to arrest and properly process the accused prevented due process and allowed for misrepresent…
23-6649 Larry David Davis v. Barry Sims, Judge, 7th Division, Pulaski County Circuit Court, et al. Eighth Circuit 2024-02-01 Dismissed IFP 4th-amendment adverse-action civil-rights constitutional-rights due-process fingerprinting investigative-procedures law-enforcement legal-standing probable-cause search-and-seizure Whether the police violated the Fourth Amendment by fingerprinting the petitioner without probable cause or a warrant
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…
23-6567 Jonathan David Wilke v. Wisconsin Wisconsin 2024-01-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process forfeiture harmless-error lineup photo-array witness-identification Was the Wisconsin Court of Appeals decision an erroneous application of law?
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…
23-6550 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…
23-781 Sammie Todd Moser v. Halifax County Board of Supervisors, et al. Virginia 2024-01-23 Denied Response Waived appeals-limitation due-process eighth-amendment excessive-fines fifth-amendment forfeiture retirement-benefits Whether the Eighth Amendment's Excessive Fines clause was violated in the forfeiture of Petitioner's vested retirement benefits
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…
23A655 Kristopher Dean Putnam v. United States Fifth Circuit 2024-01-17 Presumed Complete cell-phone-search exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant Whether the Fourth Amendment requires suppression of evidence obtained through a search warrant that lacks probable cause and particularity, despite t…
23-6448 Stephen Dudley Brunson v. United States Fifth Circuit 2024-01-10 Denied Response WaivedIFP 4th-amendment arrest drug-interdiction fourth-amendment inevitable-discovery law-enforcement pretext probable-cause search-and-seizure traffic-stop Whether officers may cure an unlawfully prolonged traffic stop by arresting the motorist for the traffic violation or claiming inevitable discovery ba…
23A612 Thurmond Allen v. Pennsylvania Pennsylvania 2024-01-03 Presumed Complete firearm-possession fourth-amendment hearsay-evidence probable-cause search-warrant warrantless-search Whether the Fourth Amendment permits the warrantless search of an apartment based on a neighbor's hearsay statement about an overheard gun reference
23-6355 Allan Leslie Sinanan, Jr. v. Pennsylvania Pennsylvania 2023-12-27 Denied IFP article-1-section-8 criminal-procedure drug-buys dunaway-v-new-york fourth-amendment probable-cause strickland-standard terry-stop terry-v-ohio warrantless-arrest Whether the Pennsylvania judiciary's application of the Strickland/Pierce standard was unreasonable
23-6352 LaDerrius Williams v. Illinois Illinois 2023-12-26 Denied Response WaivedIFP 4th-amendment civil-rights criminal-arrest criminal-procedure due-process owner-driver-inference probable-cause reasonable-suspicion search-and-seizure traffic-stop vehicle-ownership Whether Glover's owner-driver inference constitutes probable cause to arrest a vehicle's owner for a crime involving the vehicle, even if the police c…
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…
23-684 Andrew Knapp, et al. v. Janice Brown Sixth Circuit 2023-12-26 Denied Response Waived adverse-effects-for-police clearly-established-law constitutional-rights detention law-enforcement probable-cause probable-cause-determination qualified-immunity sixth-circuit warrantless-arrest Did the Sixth Circuit err in denying qualified immunity to four police officers?
23-6327 Noel Garcia v. Philadelphia District Attorney's Office, et al. Third Circuit 2023-12-22 Denied IFP absolute-immunity civil-rights constitutional-restrictions due-process false-arrest freedom-of-movement judicial-proceeding probable-cause unlawful-arrest Did the United States District Court and the Court of Appeals for the Third Circuit of Pennsylvania err in determining defendants are entitled to abso…
23-6319 Lacarl Dow v. United States Ninth Circuit 2023-12-21 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights due-process evidence-suppression fourth-amendment franks-hearing probable-cause suppression-of-evidence warrant-application Did the affiant officer intentionally or recklessly make false or misleading statements or omissions in support of the warrant
23-6158 Derrick Hunt v. United States Eleventh Circuit 2023-12-06 Denied Response WaivedIFP 4th-amendment child-pornography criminal-procedure evidence fourth-amendment motion-to-suppress probable-cause search-and-seizure search-warrant Did the District Court abuse its discretion in denying Defendant's motion to suppress the search of his computer?
23-597 Robin Mayfield, et al. v. Butler Snow, L.L.P., et al. Fifth Circuit 2023-12-05 Denied Response Waived civil-rights comparator-evidence first-amendment fourth-amendment probable-cause retaliatory-arrest warrant-based-arrest Whether the Nieves probable cause exception requires identifying comparator arrests
23-6132 Chamone Ranell Russell v. Stark County Job and Family Services, et al. Sixth Circuit 2023-11-29 Denied IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its application of the Fourth Amendment's prohibition on unreasonable searches and seizures
23-541 Michael Donnellon, Deputy, et al. v. John Jordan Tenth Circuit 2023-11-20 Denied Response RequestedRelisted (2) arrest civil-rights excessive-force first-amendment fourth-amendment free-speech law-enforcement probable-cause qualified-immunity Whether the Tenth Circuit's use of Hill's First Amendment analysis negated the objective Fourth Amendment standard of Maryland v. Pringle
23-6066 Kirk Lamar Williams v. Washington Washington 2023-11-20 Denied IFP civil-rights constitutional-rights criminal-procedure discovery-violations due-process evidence-suppression fourth-amendment ineffective-assistance-of-counsel probable-cause prosecutorial-misconduct search-and-seizure speedy-trial Whether the State of Washington violated the petitioner's constitutional rights, including due process and effective assistance of counsel
23-530 Terrence R. Yoast v. Pottstown Borough, Pennsylvania, et al. Third Circuit 2023-11-17 Denied excessive-bail false-arrest false-imprisonment fourth-amendment heck-doctrine malicious-prosecution probable-cause qualified-immunity section-1983 warrantless-arrest warrantless-entry Fourth-Amendment-in-presence-requirement
23-6034 Alfredo Sanchez Barboza v. Pennsylvania Pennsylvania 2023-11-16 Denied Response WaivedIFP 4th-amendment contraband exclusionary-rule fourth-amendment inevitable-discovery inventory-search probable-cause standardized-protocol subjective-motivation Whether the inevitable discovery doctrine validates the prior illegal seizure of a controlled substance and drug paraphernalia when the police officer…
23-520 Titus Thompson v. United States Second Circuit 2023-11-16 Denied Response Waived fourth-amendment illinois-v-gates informant-reliability oath probable-cause totality-of-circumstances warrant warrant-issuance Whether the 'totality of the circumstances' standard for evaluating informant reliability has been undermined
23-6006 Delando Johnson v. United States Sixth Circuit 2023-11-14 Denied Response WaivedIFP drug-investigation fourth-amendment good-faith-exception leon-exception nexus nexus-requirement probable-cause residential-search search-warrant Whether an application for a warrant to search a home for drugs must contain objective evidence of a nexus between the evidence sought and the residen…
23-499 Jesus Leonardo Esquivel-Carrizales v. United States Fifth Circuit 2023-11-13 Denied Response Waived 4th-amendment companion-suspicion criminal-activity drug-crime fourth-amendment investigative-stop law-enforcement probable-cause reasonable-suspicion traffic-stop Whether an investigative stop under the Fourth Amendment is reasonable based solely on an individual's interaction with a suspected criminal companion
23-5982 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
23-5988 Robert Benjamin Stout v. Sergeant Johnson, et al. Fourth Circuit 2023-11-09 Denied IFP civil-rights driver's-license due-process fourth-amendment license-checkpoint obstruction-of-justice probable-cause reasonable-suspicion roadway-safety Are police permitted to conduct driver's license checkpoints without reasonable suspicion?
23-5953 Michael Muthee Munywe v. Julie Dier, et al. Ninth Circuit 2023-11-06 Denied IFP 42-usc-1983 civil-liberties civil-rights constitutional-rights due-process equal-protection fourth-amendment law-enforcement police-misconduct probable-cause qualified-immunity search-and-seizure Whether the district court's decision was erroneous
23-5952 Semaj Lemar Williams v. United States Sixth Circuit 2023-11-03 Denied Response WaivedRelisted (2)IFP 4th-amendment detention evidence-suppression exclusionary-rule fourth-amendment probable-cause reasonable-suspicion search-and-seizure traffic-stop Did the district court improperly deny suppression and did the appellate court improperly affirm the district court?
23-5903 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…
23-446 Junjie Li v. Rhode Island Rhode Island 2023-10-27 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights decriminalization drug-enforcement fourth-amendment marijuana-odor probable-cause reasonable-suspicion search-and-seizure traffic-stop Whether the slight odor of marijuana creates reasonable suspicion to prolong a traffic stop
23-5862 Benancio Castaneda v. United States Fifth Circuit 2023-10-24 Denied Response WaivedIFP acceptance-of-responsibility canine-sniff drug-investigation fourth-amendment probable-cause reasonable-suspicion search-and-seizure traffic-stop vehicle-search Whether the Fifth Circuit erred in its rulings on the continued detention and canine search
23-5797 In Re Deryl Dude Nelson 2023-10-18 Dismissed IFP arrest-warrant complaint complaint-validity fourth-amendment ineffective-assistance judicial-finding judicial-hearing probable-cause statutory-requirement Did the state appeals court err in finding the complaint met the statutory requirement absent a judicial finding of probable cause?
23-5809 Bryce Jackson v. Tony Golick, et al. Ninth Circuit 2023-10-17 Denied IFP 5th-amendment civil-procedure civil-rights constitutional-law criminal-procedure due-process exclusionary-rule fourth-amendment government-liability probable-cause search-and-seizure standing Can a person file a civil suit against the government for the violation of the 5th Amendment's due process clause?
23-398 Henry H. Howe v. Steven Gilpin, et al. Eighth Circuit 2023-10-17 Denied Response WaivedRelisted (2) confidential-informant criminal-investigation dishonesty-and-false-statement law-enforcement probable-cause reckless-disregard rule-609 warrant-affidavit Whether complete omission from an arrest warrant of a primary confidential informant's multiple prior Rule 609 [F.R.Evid.] 'dishonesty and false state…
23-396 Bowe Marvin v. David Holcomb, et al. Seventh Circuit 2023-10-16 Denied 4th-amendment civil-rights due-process excessive-force fourth-amendment in-home-arrest law-enforcement-conduct probable-cause warrantless-arrest Whether there is a felony-exception to requiring probable-cause for in-home-arrests without-a-warrant
23-5775 Suvad Dardagan v. Charles Truitt, Warden Illinois 2023-10-12 Denied IFP affirmation charging-instrument executive-branch fourth-amendment judicial-determination oath probable-cause warrant warrant-requirement Whether in the absence of a judicial determination of probable cause the executive branch of the state government lacks a legal authority to seek a ch…
23-5756 David Davalos, Sr. v. United States Fifth Circuit 2023-10-11 Denied Response WaivedIFP criminal-forfeiture criminal-law due-process Fifth-Circuit forfeiture Honeycutt-v-United-States property-rights property-seizure statutory-interpretation tainted-property Whether Honeycutt-v-United-States-requires-limiting-forfeiture-to-tainted-property-defendant-actually-acquired
23-5735 Michael James French v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview Third Circuit 2023-10-10 Denied Relisted (2)IFP aggravated-assault constitutional-rights criminal-law due-process exculpatory-evidence plea-bargaining plea-deal probable-cause sentencing serious-bodily-injury wrongful-conviction What constitutes the violent felony of the first degree (Aggravated Assault With Serious Bodily Injury) under 18 Pa. C.S. §2702(a)(1)?
23-5717 Ronnie Shahar v. United States Ninth Circuit 2023-10-04 Denied Response WaivedIFP civil-rights coin-seizure due-process expert-testimony forfeiture forfeiture-proceedings import-regulations metallurgical-evidence probable-cause seizure standing summary-judgment What is the level of proof required from the US Government when it seizes mutilated or damaged coins imported from Chinese recycling factories and dum…
23-5696 Elvins Sylvestre v. United States First Circuit 2023-10-03 Denied Response WaivedIFP 4th-amendment controlled-purchases informant-reliability law-enforcement probable-cause search-warrant warrant-sufficiency Was there sufficient probable cause for the issuance of the search warrant where law enforcement officers failed to fully supervise a series of contro…
23-331 James Doe v. Gladys Pisani, et al. Second Circuit 2023-09-29 Denied abuse-of-discretion disputed-facts interlocutory-appeal jury-trial material-facts probable-cause qualified-immunity summary-judgment Whether the Court of Appeals erred in concluding that 'arguable probable cause' can support a claim for qualified-immunity,summary-judgment,interlocut…
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…
23-5647 Eddie Savage v. Chae Harris, Warden Sixth Circuit 2023-09-26 Denied Response WaivedIFP constitutional-rights conviction-relief due-process equal-protection exculpatory-evidence forfeiture fourteenth-amendment photographic-evidence post-conviction-relief Whether the Fourteenth Amendment's Due Process Clause is violated when the State presents evidence at trial that is later discovered to be false or mi…
23-5624 Charles M. Porter v. United States District Court for the Middle District of Florida Eleventh Circuit 2023-09-21 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights criminal-procedure due-process extraordinary-circumstances judicial-discretion law-enforcement probable-cause trial-court-error warrantless-arrest Whether the warrantless arrest is unlawful due to insufficient probable cause
23-5615 Roosevelt L. Linicomn, Jr. v. District Attorney, 482nd Judicial District Court of Texas, Harris County, et al. Fifth Circuit 2023-09-19 Denied IFP 42-usc-1985 4th-amendment civil-rights constitutional-rights due-process law-enforcement probable-cause warrant-validity warrants Does the Constitution ensure that a person is entitled to section 242 of title 18 if a person is truly deprived of a right or privilege protected by t…
23-221 Andrew H. Zoellick v. Wisconsin Wisconsin 2023-09-08 Denied Response Waived 4th-amendment civil-rights due-process fourth-amendment jurisprudential-definition mitigating-factors probable-cause reasonable-suspicion totality-of-circumstances totality-of-the-circumstances Whether the absence of any jurisprudential definition of the term 'totality' has led to the degradation of the Fourth Amendment totality of the circum…
23-206 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…
23-5533 Rosetta M. Clayton v. Navy Federal Credit Union Alabama 2023-09-06 Denied IFP 14th-amendment civil-procedure civil-rights due-process federal-jurisdiction forfeiture mortgage-fraud redemption-period standing takings Did both State and Circuit Court err in upholding redemption period despite precedent to contrary that sets aside redemption periods and/or foreclosur…
23-5507 Carlos Green v. United States Fourth Circuit 2023-09-01 Denied Response WaivedIFP civil-procedure evidentiary-hearing fourth-amendment leasehold-transfer motion-to-suppress privacy-interest probable-cause real-estate search-and-seizure Whether the Trial Court Erred and Violated Petitioner's Fourth Amendment Rights
23-5490 Franklin Paul Eller, Jr. v. United States Ninth Circuit 2023-08-31 Denied Response WaivedIFP circuit-split exclusionary-rule fourth-amendment fourth-amendment-violation probable-cause search-warrant severance-doctrine warrant-overbreadth Is severance of any overbroad warrant a permissible exception to the exclusionary rule
23-5481 Festus Okwudili Ohan v. Armando B. Fontoura, Sheriff, Essex County, New Jersey, et al. Ninth Circuit 2023-08-30 Denied Relisted (2)IFP civil-rights digital-privacy due-process excessive-force false-arrest fourth-amendment law-enforcement malicious-prosecution probable-cause retaliation traffic-stop warrantless-search Which legal issues were raised in the SCOTUS petition?
23-5473 Arnez J. Salazar v. United States Seventh Circuit 2023-08-29 Denied Response WaivedIFP arizona-v-gant closed-container fourth-amendment law-enforcement probable-cause reaching-distance search-incident-to-arrest secured-arrestee vehicle-search warrantless-search Whether the Fourth Amendment permits a warrantless search incident to arrest when the arrestee is secured and not within reaching distance of a closed…
23-5475 Elmer Wayne Zahn v. United States Eighth Circuit 2023-08-29 Denied Response WaivedIFP color-of-authority exclusionary-rule fourth-amendment gross-negligence police-misconduct probable-cause reckless-disregard warrant-database warrant-system Does police misconduct in maintaining an inaccurate warrant database violate the Fourth Amendment?
23-188 Robert Dayon Dumas v. United States Eleventh Circuit 2023-08-29 Denied Response Waived credibility fifth-amendment fourth-amendment miranda-rights probable-cause search-and-seizure vehicle-search warrantless-search Did the district court err in finding no Fourth or Fifth Amendment violation based upon the court's credibility determination on Deputy Denbo?
23-5428 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…
23-5412 Keith Allen Shrum v. United States Eighth Circuit 2023-08-22 Denied Response WaivedIFP civil-rights due-process electronic-evidence evidence exigent-circumstances fourth-amendment fruit-of-the-poisonous-tree probable-cause search-and-seizure warrant warrant-specificity warrantless-search Whether the exigent circumstances exception saves a warrantless seizure of a defendant's phone
23-5396 Antoine Clark v. United States Third Circuit 2023-08-21 Denied Response WaivedIFP criminal-procedure exigent-circumstances fourth-amendment law-enforcement probable-cause title-iii wiretap wiretap-law Whether law enforcement's self-created exigent circumstances justify a Title III wiretap?
23-5378 Frank J. Capozzi v. United States Third Circuit 2023-08-17 Denied Response WaivedIFP constitutional-violation fourth-amendment franks-hearing fraud-on-court fraud-on-the-court miscarriage-of-justice probable-cause search-warrant Was the State search warrant obtained based on fraudulent, deceptive, misleading, and omitted statements
23-5339 Jean Buteau Remarque v. United States Fourth Circuit 2023-08-11 Denied Response WaivedIFP arbitrary-enforcement civil-rights criminal-procedure double-jeopardy due-process fourth-amendment probable-cause section-2252A speedy-trial statutory-interpretation whether-an-unprecedented-legal-theory-of-receipt-is-unconstitutional
23-5302 Larry Rederick v. United States Eighth Circuit 2023-08-08 Denied Response WaivedIFP constitutional-rights eighth-circuit fourth-amendment law-enforcement probable-cause search-and-seizure traffic-stop traffic-stops unreasonable-search Whether the Eighth Circuit Court of Appeals Decision Authorizes Unreasonably Prolonged Traffic Stops and Unreasonable Searching of a Separate Vehicle …
23-5305 John Vaughn v. Nebraska Nebraska 2023-08-08 Denied Response WaivedIFP automobile-exception commercial-trains confrontation-clause fourth-amendment plain-smell-exception probable-cause search-and-seizure sixth-amendment warrant-requirement Does the automobile exception to the warrant requirement of the Fourth Amendment apply to commercial trains?
23-95 Philip Esformes v. United States Eleventh Circuit 2023-08-02 Denied attorney-client-privilege criminal-procedure disqualification forfeiture judicial-fact-finding prejudice prosecutorial-misconduct sixth-amendment Whether a criminal defendant must show actual prejudice to establish a Sixth Amendment violation warranting dismissal of the indictment or disqualific…
23-5251 Mark Edwin Guida v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-08-01 Denied IFP 4th-amendment 5th-amendment cell-phone-evidence criminal-procedure exclusionary-rule fourth-amendment illegal-search probable-cause search-and-seizure suppression-of-evidence warrant-requirement Was evidence presented at a trial for murder subject to the exclusionary rule, where said evidence was the result of an illegal search of the defendan…
23-5247 In Re David Jackson 2023-07-31 Dismissed IFP and post-conviction proceedings trial 14th-amendment 4th-amendment arrest-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fifth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel post-conviction-relief probable-cause retaliation search-and-seizure self-incrimination trial-procedure Whether the warrantless search and seizure of February 14, 1991 violated the 4th and 14th Amendment rights
23-5185 Yolanda Howard v. United States First Circuit 2023-07-25 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment investigative-detention law-enforcement-procedure probable-cause reasonable-suspicion rodriguez-v-united-states traffic-stop Did the Maine State Trooper's hunch that 'there were a lot of drugs inthis car' based solely on his initial encounter with Ms. Howard justify delaying…
23-5182 In Re Richard Charles Lussy 2023-07-24 Dismissed IFP administrative-procedure civil-rights constitutional-writ due-process evidence-code forfeiture non-delegation-doctrine public-office sovereign-immunity standing to compel his standing due to unavailability: 'forfeiture of public office for wrong doing.' From: Incompetent Abraham Skinner's(IAS'S) Appellee Team …
23-61 Martin E. O'Boyle, et al. v. Town of Gulf Stream, Florida Eleventh Circuit 2023-07-21 Denied Relisted (2) 42-usc-1983 civil-litigation first-amendment first-amendment-retaliation municipal-policy official-policy probable-cause retaliation Whether the no-probable-cause requirement extends beyond claims for retaliatory criminal prosecution and arrest and applies to claims for retaliatory …
23-50 Jascha Chiaverini, et al. v. City of Napoleon, Ohio, et al. Sixth Circuit 2023-07-20 Judgment Issued Amici (9)Relisted (2) 42-usc-1983 any-crime-rule charge-specific-rule circuit-split criminal-charges fourth-amendment malicious-prosecution probable-cause section-1983 Whether Fourth Amendment malicious prosecution claims are governed by the charge-specific rule or the any-crime rule
23-5112 Kashif M. Robertson v. Pennsylvania Pennsylvania 2023-07-17 Denied IFP fourth-amendment fourth-amendment-rights law-enforcement-procedure motor-vehicle-code probable-cause reasonable-suspicion seizure-duration traffic-stop unrelated-questioning Whether the State Court's of Pennsylvania Committed Reversible Error
23-5078 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?
22-7881 Leroy Henry Jr. v. United States Third Circuit 2023-06-27 Denied Response WaivedIFP anonymous-informant exclusionary-rule fourth-amendment good-faith good-faith-doctrine probable-cause search-and-seizure united-states-v-leon warrant-requirement Whether United States v. Leon, 468 U.S. 897 (1984) was wrongly decided
22-7853 Carlos Miguel Concepcion-Guliam v. United States First Circuit 2023-06-26 Denied Response WaivedIFP arrest criminal-procedure detention fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure search-warrant Whether the Fourth Amendment permits law enforcement to detain and arrest an individual without observing any criminal conduct, based solely on an ass…
22-1200 Lee Jones v. United States Sixth Circuit 2023-06-12 Denied appellate-review circuit-split criminal-procedure forfeiture independent-obligation judicial-discretion legal-argumentation legal-forfeiture young-v-united-states Do the courts of appeals have an independent obligation to craft and consider forfeited legal arguments in criminal cases?
22-7726 Gary Leon Webster v. John Thurston, Arkansas Secretary of State Eighth Circuit 2023-06-07 Denied IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the petitioner's Fourth Amendment rights were violated
22-1155 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
22-7627 Denis Grushko v. United States Eleventh Circuit 2023-05-24 Denied Response WaivedIFP arrest-warrant circuit-split eleventh-circuit fourth-amendment home-entry law-enforcement payton-v-new-york probable-cause Whether the 'reason to believe' standard in Payton v. New York, 445 U.S. 573 (1980) requires a showing of probable cause that a suspect is within the …
22-7629 Jose Luis Nunez v. United States Ninth Circuit 2023-05-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP circuit-split exigent-circumstances fourth-amendment inevitable-discovery probable-cause protective-sweep search-and-seizure warrant-requirement warrantless-search Whether police may enter and perform a 'protective sweep' of a home not proximate to an arrest scene and when they lack affirmative information sugges…
22-7603 James Snyder v. Aaron Krieger, Warden, et al. Ninth Circuit 2023-05-19 Denied Response WaivedIFP border-search civil-procedure civil-rights due-process electronic-privacy fourth-amendment judicial-misconduct prison-conditions probable-cause search-and-seizure standing warrantless-search Whether the petitioner's constitutional rights were violated
22-7592 Grace Woodham v. Tucker Scheffer New Hampshire 2023-05-18 Denied IFP abuse-of-discretion civil-rights digital-privacy due-process electronic-communications equal-protection fourth-amendment free-speech probable-cause search-and-seizure standing warrantless-search Whether the New Hampshire Supreme Court violated the First Amendment of the U.S. Constitution by denying the petitioner's appeal to continue their app…
22-7554 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…
22-7514 Joshua Brown v. United States Eighth Circuit 2023-05-11 Denied Response WaivedIFP 4th-amendment color-discrepancy fourth-amendment high-crime-area probable-cause reasonable-suspicion traffic-stop vehicle-registration Whether an officer has reasonable suspicion to stop a vehicle based solely on a discrepancy between the vehicle's apparent color and the color listed …
22-1064 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…
22-7440 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
22-7401 Brandon Quane Hudson v. United States Fourth Circuit 2023-04-28 Denied Response WaivedIFP 4th-amendment criminal-procedure drug-trafficking fourth-amendment good-faith-exception magisterial-review magistrate-review probable-cause search-and-seizure search-warrant Whether the Leon good-faith exception applies to a search warrant that lacked sufficient probable cause to support a search
22-7370 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…
22-7379 Igor Grushko v. United States Eleventh Circuit 2023-04-26 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment law-enforcement loss-calculation probable-cause reasonableness reasonableness-standard search-and-seizure search-warrant sentencing-guidelines Whether the police entering a residence to execute a search warrant must possess probable cause that the person they are seeking is inside the residen…
22-1025 Sylvia Gonzalez v. Edward Trevino, II, et al. Fifth Circuit 2023-04-24 Judgment Issued Amici (23)Response RequestedResponse WaivedRelisted (4) arrest circuit-split civil-rights first-amendment free-speech government-record probable-cause qualified-immunity retaliation retaliatory-arrest standing Whether the Nieves probable cause exception can be satisfied by objective evidence other than specific examples of arrests that never happened
22-1018 Jeffrey L. Moeser v. Wisconsin Wisconsin 2023-04-20 Denied Response Waived constitutional-protection federal-courts-of-appeals fourth-amendment general-warrants individual-liberty law-enforcement oath-affirmation oath-or-affirmation probable-cause warrant-requirement Whether a sheriff who indisputably did not make an oral or written oath or affirmation to anyone and who falsely signed a preprinted affidavit stating…
22-1011 Tony Holt v. City of Chicago, Illinois, et al. Illinois 2023-04-17 Denied Response Waived 4th-amendment appellate-court circuit-split civil-rights due-process evidentiary-standard illinois-v-gates judicial-precedent probable-cause standing Does the Appellate Court's bright-line rule on probable cause violate Illinois v. Gates?
22-7269 Melchor Karl T. Limpin v. Robert B. C. McSeveney, Judge, United States Immigration Court, et al. Ninth Circuit 2023-04-13 Denied Response WaivedIFP civil-rights due-process equal-protection fifth-amendment fourth-amendment immigration immigration-law probable-cause warrant-clause Whether the statute 8 U.S.C. § 1226(a) is constitutionally impermissible under the Fourth and Fifth Amendment equal protection clause
22-7264 Corey Shamon McKinney v. United States Tenth Circuit 2023-04-12 Denied Response WaivedIFP 4th-amendment civil-rights criminal-procedure drug-possession evidence-suppression fourth-amendment franks-v-delaware probable-cause search-warrant standing Whether an illegal search and seizure took place
22-978 Jackie Jackson v. Ohio Ohio 2023-04-10 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 4th-amendment contraband criminal-procedure fourth-amendment law-enforcement lower-court-conflict police-conduct precedent probable-cause search search-and-seizure vehicle-search Whether a police search of a car occurred under the Fourth Amendment
22-7180 Tyshon Booker v. Tennessee Tennessee 2023-04-03 Dismissed IFP apprendi-v-new-jersey criminal-procedure fourteenth-amendment juvenile-court juvenile-transfer probable-cause reasonable-doubt sentencing sixth-amendment transfer-hearing Did it violate the Sixth and Fourteenth Amendments for the increase in the range of potential punishment to be based on findings made by a judge under…
22-7167 Quentin Truley v. United States Eleventh Circuit 2023-03-31 Denied Response WaivedIFP civil-rights conspiracy constitutional-rights crime-of-violence criminal-procedure due-process hobbs-act ineffective-assistance plea-bargaining probable-cause sentencing Whether the appellant's conviction for conspiracy to commit Hobbs Act robbery does not constitute a crime of violence predicate under 18 U.S.C. § 924(…
22-7149 Eugene Hammond v. Karl Fort, Warden Georgia 2023-03-30 Denied Response WaivedIFP appeal civil-procedure dismissal due-process probable-cause standing Whether the courts erred in dismissing the petitioner's claim for lack of probable cause to appeal?
22-7162 In Re Anthony Dewayne Lee Turner 2023-03-30 Denied IFP civil-rights due-process excessive-force fourth-amendment probable-cause warrantless-arrest Whether the petitioner's Fourth Amendment rights were violated when he was arrested without a warrant and probable cause
22-7112 Fuhai Li v. United States Third Circuit 2023-03-29 Denied Response WaivedRelisted (2)IFP certificate-of-appealability constitutional-claims due-process habeas-corpus judicial-review jurisdiction probable-cause procedural-default standard-of-review unconstitutional-search-and-seizure Whether the Court of appeals' decision denying Petitioner's request for a COA is contrary to the decision of this Court
22-943 Andre Verdun, et al. v. City of San Diego, California, et al. Ninth Circuit 2023-03-28 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) administrative-search fourth-amendment parking-enforcement precompliance-review probable-cause public-health-safety search-and-seizure warrant-requirement warrantless-searches Whether tire-chalking falls outside the administrative-search exception to the Fourth Amendment's warrant requirement
22-7122 Quintel West v. Fredeane Artis, Acting Warden Sixth Circuit 2023-03-27 Denied Response WaivedIFP due-process effective-assistance-of-counsel expert-testimony fourth-amendment probable-cause prosecutorial-misconduct reckless-driving sixth-amendment warrantless-arrest Whether the petitioner's warrantless arrest was consistent with the Fourth Amendment?
22-7097 Monta Olander Jordan v. United States Fourth Circuit 2023-03-24 Denied Response WaivedIFP 4th-amendment exclusionary-rule fourth-amendment good-faith-exception gps-tracking leon-exception probable-cause search-and-seizure search-warrant Whether The Court Of Appeals Misapplied United States v. Leon
22-7054 Jamar L. Travillion v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2023-03-21 Denied IFP 28-usc-2254 certificate-of-appealability constitutional-rights due-process federal-review forfeiture habeas-corpus procedural-standard right-to-counsel waiver Could reasonable jurists disagree with the District Court's rejection of Petitionen's claim that the State Courts' determination that he forfeited his…
22-862 Brooklyn Zavion Johnson v. West Virginia West Virginia 2023-03-10 Denied Response Waived 4th-amendment 5th-amendment consent-to-search due-process fifth-amendment fourth-amendment juvenile-rights probable-cause search-and-seizure warrantless-entry warrantless-search Whether Petitioner's 4th amendment right against unreasonable search and seizure was violated
22-6920 Ogerta Helena Hartwein v. Missouri Missouri 2023-03-03 Denied IFP civil-rights confrontation-clause criminal-procedure custody domestic-violence due-process forfeiture forfeiture-by-wrongdoing intent witness-testimony Whether the Court of Appeals erred in affirming the conviction of the defendant for violating a court order when the defendant had not seen and was no…
22-6813 Joshua Glowacki v. United States Sixth Circuit 2023-02-17 Denied Response WaivedIFP child-pornography criminal-procedure due-process jury-determination jury-trial probable-cause restitution restitution-order search-warrant sentencing victim-rights Does the defendant in a criminal case have the right to have a jury determine facts to support a restitution order?
22-770 Ross M. Jackson v. Glenn Cowan, et al. Eleventh Circuit 2023-02-16 Denied Amici (1)Response Waived 1983 civil-rights civil-rights-conspiracy equal-protection first-amendment-speech internal-policies probable-cause public-forum retroactive-application retroactivity section-1983 Whether the Supreme Court's recent decisions in Nieves v. Bartlett and Lozman v. Riviera Beach apply retroactively
22-766 Edward Pinkney v. Berrien County, Michigan, et al. Sixth Circuit 2023-02-15 Denied civil-rights criminal-proceedings due-process fourteenth-amendment fourth-amendment probable-cause section-1983 unlawful-prosecution Whether Petitioner's § 1983 claim based on his prosecution, pretrial-criminal-proceedings, trial, conviction, and incarceration for an act the law doe…
22-6773 Ernest Adimora-Nweke v. Steven C. McCraw, in His Official Capacity as Director of the Texas Department of Public Safety, et al. Fifth Circuit 2023-02-14 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights class-action due-process in-forma-pauperis judicial-immunity probable-cause prosecutorial-immunity standing Whether Petitioner's in forma pauperis status from state court applies post removal to Federal Court
22-6777 Fharis Denane Smith v. United States Sixth Circuit 2023-02-14 Denied IFP cell-phone circuit-split digital-privacy fourth-amendment good-faith law-enforcement-procedure probable-cause search-and-seizure search-warrant warrant-requirement Question Presented
22-747 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?
22-6625 Ledger Lynn Hammonds, Jr. v. United States Fourth Circuit 2023-01-26 Denied Response WaivedIFP fourth-amendment fourth-circuit franks-hearing franks-v-delaware judicial-review material-omissions preliminary-showing probable-cause search-and-seizure warrant-challenge Whether the proper test for determining a preliminary showing for a Franks hearing has been met when analyzing material omissions, and whether the Fou…
22-6552 Sergio Guerrero v. United States Ninth Circuit 2023-01-18 Denied Response WaivedIFP ammunition-possession bill-of-rights fourth-amendment lawful-materials probable-cause reasonable-suspicion second-amendment warrantless-arrest Whether the Ninth Circuit's decision is consistent with this Court's precedents on the Fourth Amendment's probable cause standard when suspicion is ba…
22-648 Igor Lukashin v. United States Court of Appeals for the Ninth Circuit Ninth Circuit 2023-01-11 Denied due-process equal-protection forfeiture judicial-discretion ninth-circuit padgett-fraud pre-filing-order pro-se pro-se-appeals waiver Whether the Ninth Circuit has been denying Due Process by applying a purportedly categorical rule
22-625 W.A. Griffin v. Blue Cross Blue Shield Healthcare Plan of Georgia, Inc., et al. Eleventh Circuit 2023-01-09 Denied Response Waived civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's prohibition on unreasonable searches and seizures
22-6489 Brian Matthew Morton v. United States Fifth Circuit 2023-01-09 Denied Relisted (2)IFP 4th-amendment civil-rights good-faith probable-cause riley-v-california search-and-seizure Whether the pervasive role of cell phones in contemporary society alone can supply probable cause to believe that evidence of a known or suspected cri…
22-6427 Denver Sangster v. United States Third Circuit 2022-12-30 Denied Response WaivedIFP brady-vs-maryland confidential-informant confrontation-clause criminal-procedure good-faith-exception probable-cause search-and-seizure search-warrant Whether the lower courts erred in deciding probable cause, the confrontation clause concerning search and seizures and/or requirements of a warrant, w…
22-585 Halima Tariffa Culley, et al. v. Steven T. Marshall, Attorney General of Alabama, et al. Eleventh Circuit 2022-12-23 Judgment Issued Amici (15)Response RequestedResponse WaivedRelisted (3) civil-procedure civil-rights due-process judicial-forfeiture mathews-analysis probable-cause property-rights seizure-hearing speedy-trial takings Whether the Due Process Clause requires a post-seizure probable-cause hearing prior to a statutory judicial-forfeiture proceeding
22-6378 Angela Dee Garges v. United States Eighth Circuit 2022-12-22 Denied Response WaivedIFP dwelling-search fourth-amendment law-enforcement maryland-v-buie probable-cause protective-sweep reasonable-suspicion search-and-seizure Whether the Eighth Circuit Court's determination that law enforcement officers may search an entire dwelling without probable cause or reasonable susp…
22-563 Randall Greer, Individually and as Personal Representative of the Estate of Christopher Greer, Deceased v. James Haman, et al. Eleventh Circuit 2022-12-20 Denied Response Waived deadly-force fourth-amendment graham-v-connor jury-instruction law-enforcement probable-cause self-defense tennessee-v-garner use-of-force Whether a jury should be instructed on the core principle that a law enforcement officer's use of deadly force in self-defense is not constitutionally…
22-6301 Relonzo Phillips v. Melody M. Maddox, Sheriff, DeKalb County, Georgia, et al. Eleventh Circuit 2022-12-14 Denied IFP bad-faith-prosecution civil-procedure civil-rights civil-rights-procedure due-process irreparable-injury probable-cause standing state-prosecution younger-doctrine Whether a state criminal prosecution brought in bad faith satisfies the requirement of irreparable injury to enjoin state proceedings
22-6286 John Yang v. United States Seventh Circuit 2022-12-12 Denied Response WaivedIFP 4th-amendment civil-rights criminal-activity fourth-amendment probable-cause reasonable-suspicion search-and-seizure traffic-stop vehicle-seizure Whether the Fourth Amendment permits a police officer to seize a vehicle and its occupants based on limited information
22-505 Tamika J. Pledger v. Gloria Geither, Warden Tenth Circuit 2022-11-30 Denied Response WaivedRelisted (2) 4th-amendment 5th-amendment affidavit arrest-warrant auto-accident civil-rights cruel-and-unusual-punishment due-process frank-v-delaware no-fault-auto-insurance probable-cause toxicology Does Affidavit for Application for Arrest Warrant include false-statements-knowingly-and-intentionally, probable-cause, due-process, frank-v-delaware,…
22-6163 Noel Brown v. New York New York 2022-11-29 Denied Relisted (2)IFP criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel miranda-rights probable-cause speedy-trial Question not identified
22-486 Texas v. John Wesley Baldwin Texas 2022-11-22 Denied 4th-amendment cell-phone cell-phone-search criminal-conspiracy fourth-amendment illinois-v-gates organized-crime probable-cause riley-standard riley-v-california search-warrant warrant-requirements Whether an officer's uncorroborated belief that co-conspirators who planned a crime over multiple days used their cell phones to do so is a 'bare conc…
22-6053 Charles Skaggs, Jr. v. United States Seventh Circuit 2022-11-14 Denied Response WaivedIFP border-search border-searches electronic-device electronic-devices fourth-amendment probable-cause reasonable-suspicion warrant-requirement warrantless-search Does the Fourth Amendment require warrants for border searches of electronic devices?
22-5996 Ricky D. Runner v. United States Fourth Circuit 2022-11-04 Denied Response WaivedIFP anonymous-informant cbd-oil fourth-amendment law-enforcement-search plain-view-doctrine probable-cause stem-pipe warrantless-search Whether the district court violated Ricky Runner's rights under the Fourth Amendment
22-5925 Christopher Santillanes Ceja v. United States Ninth Circuit 2022-10-27 Denied Response WaivedIFP 4th-amendment criminal-investigation drug-trafficking fourth-amendment investigative-duration law-enforcement probable-cause reasonable-suspicion traffic-stop Was the traffic stop of Mr. Ceja unreasonably prolonged?
22-5888 Manolo Martinez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-10-24 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights due-process evidentiary-hearing franks-v-delaware habeas-corpus probable-cause Whether Petitioner was denied his U.S. Constitutional rights to due process
22-371 Pennsylvania v. Akim Sharif Jones-Williams Pennsylvania 2022-10-20 Denied Response Waived 4th-amendment blood-draw blood-testing exigent-circumstances mitchell-v-wisconsin motor-vehicle-incident probable-cause supreme-court-precedent warrantless-search Did the Pennsylvania Supreme Court issue a decision in conflict with, and fail to properly apply and follow, binding legal precedent from the United S…
22-370 Percy Utley v. City of Houston, Texas, et al. Fifth Circuit 2022-10-19 Denied Response Waived 5th-circuit burden-of-proof civil-procedure civil-rights due-process fifth-circuit judicial-review pleading-standard probable-cause Whether the Fifth Circuit has so far departed from the accepted and usual application of the pleading standard as to require this Court's correction
22-5858 Heather Nicole Trogdon v. United States Eighth Circuit 2022-10-18 Denied Response WaivedIFP 4th-amendment 5th-amendment criminal-procedure eighth-circuit evidence fourth-amendment inevitable-discovery inventory-search policy probable-cause Does the inevitable discovery doctrine apply when it is based on the expectation that an inventory search of an arrestee's backpack will occur at the …
22-5863 Arlandis Shy v. United States Sixth Circuit 2022-10-18 Denied Response WaivedIFP 4th-amendment 6th-amendment apprendi-v-new-jersey due-process fair-trial fourth-amendment jury-instruction probable-cause search-warrant sixth-amendment unreasonable-search Whether the district court clearly erred by failing to properly instruct the jury, in violation of Apprendi v. New Jersey, and by admitting Defendant …
22-5809 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…
22-318 Ronald Tai Young Moon, Jr. v. United States Eleventh Circuit 2022-10-05 Denied Response Waived 6th-amendment constitutional-rights criminal-procedure forfeiture public-trial sixth-amendment waiver What is the standard for finding a waiver (as opposed to mere forfeiture) of the Sixth Amendment right to a 'public trial?'
22-5745 Deron Devaughn Mahone v. Georgia, et al. Eleventh Circuit 2022-10-03 Denied Response WaivedIFP 4th-amendment civil-rights due-process evidence-suppression fourth-amendment material-omission probable-cause qualified-immunity search-and-seizure search-warrant warrant-application Whether a reasonable officer would have known that Officer Stewart's warrant affidavit failed to establish probable cause and that he should not have …
22-307 Michigan v. Marcus Martell McCloud and Bruce Cliffin Edwards Michigan 2022-09-29 Denied Response Waived commonsense-judgments criminal-procedure detention frisk human-behavior law-enforcement officer-experience probable-cause reasonable-suspicion terry-stop weapons-frisk Whether the respondents were reasonably detained, and whether a frisk for weapons of a person reasonably detained may be based on commonsense judgment…
22-5653 Deryl Dude Nelson v. Michigan Michigan 2022-09-23 Denied IFP civil-rights criminal-procedure due-process evidence-hearing fourth-amendment fraud judicial-misconduct probable-cause standing state-court-procedure warrant-fraud Did the state court err in not conducting an evidentiary hearing for petitioner's fraud upon the court and Fourth Amendment issue?
22-5672 Luan Van Nguyen v. United States Fifth Circuit 2022-09-23 Denied Response WaivedRelisted (2)IFP and whether the ineffective assistance of counsel 4th-amendment carjacking civil-rights constitutional-rights criminal-conspiracy exclusionary-rule ineffective-assistance probable-cause search-and-seizure sixth-amendment standing Whether the Fourth Amendment of the Constitution prohibits or limits the government's ability to conduct warrantless searches and seizures?
22-5583 John Doe v. Harris County, Texas, et al. Fifth Circuit 2022-09-15 Denied Response WaivedIFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its application of the Fourth Amendment's prohibition on unreasonable searches and seizures
22-233 Paul Chretien v. United States Third Circuit 2022-09-13 Denied Response Waived child-pornography fourth-amendment google-cloud probable-cause search-warrant stale-evidence staleness Whether the Fourth Amendment allows a finding of probable cause for a search warrant for child pornography in a private home based solely, and without…
22-236 Jake J. McGovern v. Nebraska Nebraska 2022-09-13 Denied Response Waived cell-phone cell-phone-search exclusionary-rule fourth-amendment good-faith-exception overbroad probable-cause search-and-seizure warrant-scope Is a warrant to search a cell phone overbroad, in violation of the Fourth Amendment, if it authorizes the search of evidence on the phone in addition …
22-222 Abelino "Abel" Reyna, et al. v. John Wilson, et al. Fifth Circuit 2022-09-12 Denied Response Waived 42-usc-1983 criminal-procedure due-process franks-rule franks-v-delaware grand-jury judicial-procedure probable-cause search-warrant section-1983 Whether Franks authorizes federal courts to disregard a finding of probable cause made by a properly constituted state grand jury
22-5508 Hanford Chiu v. United States First Circuit 2022-09-06 Denied Response WaivedIFP criminal-procedure due-process exculpatory-evidence federal-rules-of-evidence fourth-amendment good-faith-exception probable-cause search-warrant Whether a faulty search warrant that was executed without probable cause and without a good faith exception violates Fourth Amendment protections
22-5286 Jesse James Palato v. Dwayne Hamilton, et al. Ninth Circuit 2022-08-05 Denied Response WaivedRelisted (2)IFP 4th-amendment anonymous-messages anonymous-messaging certificate-of-appealability fourth-amendment probable-cause search-and-seizure social-media probable-cause,anonymous-messages,social-media,4th-amendment,search-and-seizure,certificate-of-appealability
22-5282 Cory Mingo v. Florida Florida 2022-08-04 Denied Response WaivedIFP 4th-amendment 6th-amendment cell-site-location-information criminal-procedure due-process fourth-amendment ineffective-assistance probable-cause search-and-seizure sixth-amendment warrantless-search Whether the Petitioner was deprived of the effective counsel
22-5235 Louis McIntosh v. United States Second Circuit 2022-08-01 GVR IFP §924(c) criminal-procedure federal-jurisdiction forfeiture hobbs-act interstate-commerce rule-32.2 sentencing Whether petitioner's §924(c) conviction based on an attempted Hobbs Act robbery should be vacated in light of United States v. Taylor
22-80 Frank Napolitano, et al. v. Laurence Washington Second Circuit 2022-07-27 Denied Response RequestedResponse WaivedRelisted (2) circuit-split credibility criminal-investigation law-enforcement probable-cause qualified-immunity subjective-intent warrant-application Whether the investigating officers are entitled to qualified immunity
22-5080 Jacky Cardale Mayfield v. Oklahoma Oklahoma 2022-07-12 Denied IFP confidential-witness due-process Fourth-Amendment Fourth-Amendment-search In-camera-hearing ineffective-counsel Probable-cause search-warrant Shackling Witness-testimony Fourth-Amendment,Fourth-Amendment-search,Probable-cause,Witness-testimony,In-camera-hearing,Shackling,Eyewitness-identification,Ineffective-assistance…
22-13 Nicholas James Imhoff v. United States Ninth Circuit 2022-07-05 Denied Response Waived 4th-amendment fourth-amendment probable-cause reasonable-suspicion rental-car search-and-seizure traffic-stop vehicle-search Whether a person driving a rental car is sufficient factual basis during a routine traffic stop to create reasonable suspicion to perform a vehicle se…
22-5022 Ronald Wayne Thrasher v. United States Ninth Circuit 2022-07-05 Denied Response WaivedIFP 4th-amendment civil-rights confidential-informant due-process fourth-amendment probable-cause search-warrant self-corroboration warrant-particularity When probable cause is based on a confidential informant, is it sufficient for law enforcement to establish the informant's reliability by the informa…
22-5016 Christopher Lee Bryant v. United States Sixth Circuit 2022-07-01 Denied Response WaivedIFP corroboration criminal-procedure fourth-amendment police-investigation probable-cause recently-arrested-person search-and-seizure warrant warrant-requirement Does the Fourth Amendment require police officers to corroborate information obtained from a recently arrested person, whom officers did not know unti…
21-8197 Michael James Bosman v. United States Tenth Circuit 2022-06-22 Denied Response WaivedIFP alternatives criminal-procedure fourth-amendment law-enforcement-conduct police-conduct precedent probable-cause reasonableness reasonableness-standard search-and-seizure seizure Did the Tenth Circuit misapply this Court's precedent, and wrongly reject Mr. Bosman's Fourth-Amendment-claim, when it dismissed the availability of a…
21-8200 Daniel Louis Jackson v. United States Eighth Circuit 2022-06-22 Denied Response WaivedIFP fourth-amendment ineffective-assistance kimmelman-v-morrison privacy-rights probable-cause search-and-seizure standing strickland-v-washington warrant-particularity whether-counsel-provided-ineffective-assistance-for-failing-to-file-a-meritorious-motion-to-suppress
21-8202 Eric Watkins v. Officer Shields, et al. Eleventh Circuit 2022-06-22 Denied IFP civil-procedure civil-rights digital-search due-process fourth-amendment government-action probable-cause property-rights search-and-seizure takings territorial-jurisdiction warrant-authority Whether the government's seizure of a person's property without just compensation violates the Takings Clause of the Fifth Amendment
21-8204 Reginald Brown v. United States Eleventh Circuit 2022-06-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process forfeiture ineffective-counsel pro-se pro-se-representation right-to-counsel severance sixth-amendment Whether the district court erred by denying the motions for severance?
21-8179 Terrance Washington v. Eric Tice, Superintendent, State Correctional Institution at Somerset, et al. Third Circuit 2022-06-17 Denied Response WaivedIFP civil-rights criminal-procedure fourth-amendment probable-cause search-and-seizure warrant-requirement Whether petitioners' Fourth Amendment rights were violated when they were arrested without a warrant and subjected to a warrantless search and seizure
21-8121 Leila Varetta Hector, aka Leila Varretta Hector, aka Leila Varetta Hector-Dykes, aka Rita Hector v. United States Fourth Circuit 2022-06-10 Denied Response WaivedIFP 21-usc-853 circuit-court-decision constitutional-law criminal-forfeiture forfeiture forfeiture-award honeycutt-precedent honeycutt-v-united-states joint-and-several-liability statutory-interpretation Whether the imposition of joint and several liability on a forfeiture award under 21 U.S.C. § 853(a) violates the Court's holding in Honeycutt v. Unit…
21-8122 Jeremiah Henderson v. Austin K. McClain Fourth Circuit 2022-06-10 Denied IFP 42-usc-1983 civil-rights constitutional-tort first-amendment free-speech law-enforcement probable-cause retaliatory-arrest retaliatory-prosecution section-1983 Does probable cause defeat a retaliatory prosecution claim
21-8037 Larry Blakney v. South Carolina Law Enforcement Division, et al. Fourth Circuit 2022-06-02 Denied Response WaivedIFP civil-rights due-process electronic-privacy fourth-amendment privacy probable-cause search-and-seizure standing traffic-stop warrantless-search Whether the court erred in allowing the warrantless surveillance and search of the petitioner's cell, which violated his Fourth Amendment rights
21-8038 Alberic Nault v. California California 2022-06-02 Denied Response WaivedIFP blood-draw breath-test fourth-amendment medical-condition probable-cause search-and-seizure unconscious warrant-requirement warrantless-search Whether the Fourth Amendment always permits a warrantless blood draw without consideration of the totality of the circumstances
21-1501 Orrilyln Maxwell Stallworth v. Rodney W. Hurst, et al. Eleventh Circuit 2022-05-31 Denied civil-procedure civil-rights constitutional-rights due-process law-enforcement probable-cause qualified-immunity section-1983 standing Whether the Court should recalibrate or reverse the doctrine of qualified immunity
21-1491 City of Kent, Washington v. Adrian Jacobo-Hernandez Washington 2022-05-27 Denied Response Waived civil-rights constitutional-rights criminal-law due-process excessive-fines felony felony-instrumentality forfeiture livelihood-preservation property-forfeiture Whether the Excessive Fines Clause provides a livelihood preservation protection which can prevent the forfeiture of the instrumentality of a felony?
21-7993 Louis Neptune v. Andrew Carey, et al. Third Circuit 2022-05-27 Denied IFP 4th-amendment civil-rights due-process ex-parte-communication federal-procedure judicial-immunity probable-cause procedural-rules recusal standing Whether the lower courts violated due process, exceeded their jurisdiction, and failed to follow the Federal Rules of Civil Procedure
21-7954 Jordan Monroe v. United States First Circuit 2022-05-25 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights district-court-discretion exclusionary-rule fourth-amendment prima-facie-showing probable-cause search-and-seizure warrant warrant-validity Is the warrant herein an invalid search and seizure warrant?
21-7967 Jairo Hernandez v. United States Ninth Circuit 2022-05-25 Denied Response WaivedIFP appellate-procedure criminal-procedure criminal-sentencing due-process habeas-corpus jurisdiction procedural-default retroactivity statutory-interpretation subject-matter-jurisdiction supreme-court-precedent unconstitutional-statute Can a defendant procedurally default a claim that the court lacked jurisdiction to imprison him under an unconstitutional statute?
21-1482 Dequantey Maurice Williams v. United States Fourth Circuit 2022-05-25 Denied Response Waived 4th-amendment criminal-procedure evidence fourth-amendment law-enforcement motion-to-suppress plain-view-doctrine probable-cause search-and-seizure vehicle-search Whether the United States District Court For The Middle District Of North Carolina Erred in Denying Mr. Williams's Motion to Supress evidence related …
21-1486 Nancy Catherine Powers v. Alabama Alabama 2022-05-25 Denied Response RequestedResponse WaivedRelisted (2) fourth-amendment premises-warrant probable-cause search-and-seizure search-warrant totality-of-the-circumstances unreasonable-search visitor visitor-rights warrantless-search Whether the search of a purse in the possession of a visitor present at a residence during the execution of a premises warrant violates the Fourth Ame…
21-7950 Enrique Alejandro Faz v. United States Fifth Circuit 2022-05-24 Denied Response WaivedIFP 4th-amendment burden-of-proof constitutional-responsibility drug-conversation drug-evidence due-process evidence-discovery government-agent probable-cause warrantless-search Whether it is unconstitutional to derive from an alleged phone call that the conversation is about drugs simply because an agent of the government say…
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…
21-1466 Lenard Johnson v. Richard Winfrey, Jr., et al. Fifth Circuit 2022-05-20 Denied 4th-amendment affidavit civil-rights damages-claim franks-v-delaware law-enforcement probable-cause qualified-immunity section-1983 warrant-affidavit Whether a law enforcement officer violates clearly established law under Franks v. Delaware if the officer does not include information in an affidavi…
21-7899 Francis Paul Sicola v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-05-18 Denied IFP criminal-procedure exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
21-7848 Martin Ibarra-Ozuna v. United States Ninth Circuit 2022-05-12 Denied Response WaivedIFP collective-knowledge-doctrine constitutional-limits law-enforcement officer-request pretext-stops probable-cause reasonable-suspicion united-states-v-hensley vehicle-stop whiteley-v-warden When-officers-request-limited-action,-does-collective-knowledge-doctrine-allow-any-justified-action
21-7820 Darron Thomas v. United States Third Circuit 2022-05-10 Denied Response WaivedIFP 4th-amendment civil-procedure civil-rights due-process federal-jurisdiction fourth-amendment judicial-misconduct judicial-recusal mandamus-petition probable-cause standing Whether the lower courts erred in denying the petitioner's request for a writ of mandamus to recuse a judge who engaged in wrongful, excessive, inappr…
21-7821 Mandrail Jamar Woodberry v. United States Fourth Circuit 2022-05-10 Denied Response WaivedIFP constitutional-rights criminal-law digital-privacy due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel plea-bargaining probable-cause sentencing unreasonable-search warrantless-search whether-possession-of-a-firearm-beyond-the-five-year-post-release-period-is-a-crime
21-7808 John Edward McIntyre v. United States Fifth Circuit 2022-05-09 Denied Response WaivedIFP criminal-interdiction criminal-procedure equal-protection fourth-amendment high-crime-neighborhood high-crime-neighborhoods law-enforcement probable-cause racial-profiling targeted-enforcement traffic-stop Whether the holding in Whren v. United States should be overruled in cases where a traffic stop is the result of a targeted criminal interdiction oper…
21-7785 Jose Mena-Valdez v. United States Eighth Circuit 2022-05-05 Denied Response WaivedIFP 4th-amendment criminal-procedure law-enforcement probable-cause vehicle-search warrantless-search Did law enforcement officers have probable cause to conduct a warrantless search of the vehicle driven by the Defendant?
21-1423 Anthony Hoti v. City of Warren, Michigan Michigan 2022-05-05 Denied Response WaivedRelisted (3) arrest-authority civil-rights due-process jury-selection jury-tampering law-enforcement-discretion probable-cause prosecutorial-misconduct standing trial-procedure Whether the prior secret contacts between the prosecutor and a sitting juror constituted an external influence on the jury
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…
21-7753 Levi Miller v. United States Eighth Circuit 2022-04-29 Denied Response WaivedIFP affidavit affidavit-sufficiency circuit-split franks-standard franks-v-delaware judicial-review material-omissions police-misconduct probable-cause remedy search-warrant Whether the proper remedy for a Franks v. Delaware violation is to purge misleading statements or supplement the affidavit with omitted information
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?
21-7732 Oji Konata Markham v. Vicki Janssen, Warden Eighth Circuit 2022-04-27 Denied IFP brady-violation court-of-appeals due-process fair-trial fourth-amendment ineffective-assistance prejudice probable-cause sixth-amendment warrantless-arrest Whether the court of appeals properly assessed prejudice when it considered the Brady v. Maryland, 373 U.S. 83 (1963) violation
21-7699 Eugene Nicholson v. United States Sixth Circuit 2022-04-26 Denied Response WaivedIFP constitutional-rights exclusionary-rule fourth-amendment fourth-amendment-exclusionary-rule good-faith-exception motion-to-suppress probable-cause search-and-seizure search-warrant Whether the good-faith exception to the exclusionary rule applies when the affidavit supporting a search warrant fails to establish a nexus between th…
21-7685 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…
21-7677 Kyle Maurice Parks v. United States Eighth Circuit 2022-04-21 Denied Response WaivedIFP confrontation-clause constitutional-violation criminal-conviction due-process fabricated-evidence fourth-amendment human-trafficking illegal-search probable-cause search-and-seizure warrant Whether the petitioner's Fourth Amendment rights were violated by an illegal search and seizure without a warrant and probable cause affidavit
21-7597 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…
21-1344 Christin Campbell-Martin and Adam Scott Leiva v. United States Eighth Circuit 2022-04-11 Denied and established the arrestee's identity secured the arrestee in a police car 4th-amendment arrest-search criminal-procedure established-identity false-identification fourth-amendment incident-to-arrest police-procedure probable-cause search-and-seizure search-incident-to-arrest secured-arrestee vehicle-search Whether police may search a vehicle incident to arrest when the officers have arrested a recent occupant for providing false identification, secured t…
21-7431 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…
21-7389 John Peyton Alexander, II v. Mississippi Mississippi 2022-03-16 Dismissed Response WaivedIFP civil-rights due-process federal-prisoner habeas-corpus in-forma-pauperis parole post-conviction-relief sentence-computation sentence-modification standing supreme-court-precedent unconstitutional-statute Whether a financially solvent prisoner has a constitutional right to receive in forma pauperis status to file a meritorious petition for writ of certi…
21-1242 Chad Chronister, Sheriff, Hillsborough County, Florida, et al. v. Andrew Joseph, Jr., as Natural Father, Next Friend, and Personal Representative of the Estate of Andrew Joseph, III, Deceased Eleventh Circuit 2022-03-14 Denied article-iii article-iii-standing case-or-controversy circuit-court circuit-court-precedent probable-cause qualified-immunity sovereign-immunity standing supreme-court-precedent Should the Supreme Court require the Eleventh Circuit to follow Supreme Court precedent and resolve challenges to Article III standing before resolvin…
21-7344 Edwin Calligan v. United States Seventh Circuit 2022-03-11 Denied Response WaivedIFP anticipatory-warrant contraband fourth-amendment judicial-review probable-cause search-warrant triggering-event Whether the United States Court of Appeals for the Seventh Circuit decision conflicts with United States v. Grubbs
21-1226 Michael Washington v. Florida Department of Transportation Florida 2022-03-09 Denied Response Waived appellate-review civil-procedure constitutional-waiver counsel-representation due-process forfeiture fundamental-rights right-to-counsel sixth-amendment trial-rights waiver Whether the reasoning in Olano applies in a civil context where the failure of a party's counsel to object to closing argument due to misconduct or ne…
21-7287 Ivan Cruz-Rivera v. United States First Circuit 2022-03-08 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment informant informant-tip law-enforcement police-officer probable-cause reasonable-suspicion search-and-seizure Whether it is not necessary to evaluate the basis of knowledge underlying an informant's tip if the informant is a police officer
21-7313 Domonick Deshay Wright v. United States Eighth Circuit 2022-03-08 Denied Response WaivedIFP 4th-amendment civil-rights due-process excessive-force fourth-amendment law-enforcement police-misconduct probable-cause qualified-immunity reasonable-suspicion search-and-seizure traffic-stop Whether the lower courts have sanctioned a dangerous expansion of qualified immunity that shields police officers from liability for violating clearly…
21-7298 Dennis Allen Conte, III v. Maryland Maryland 2022-03-07 Denied IFP 4th-amendment civil-rights constitutional-law constitutional-rights due-process fourth-amendment law-enforcement probable-cause search-and-seizure standing Did the lower courts violate Mr. Conte's constitutional rights, including his Fourth Amendment rights?
21-7277 Sadeen Jones v. Pennsylvania Pennsylvania 2022-03-04 Denied IFP carpenter-v-united-states cell-site-location-information criminal-procedure fourth-amendment inevitable-discovery initial-illegal-search probable-cause search-and-seizure search-warrant warrant-requirement Is this matter so identical to Carpenter v. United States that like that case, this Petition for WRIT OF CERTIORARI should be reviewed, and granted re…
21-7279 Charlie Foster v. United States Eighth Circuit 2022-03-04 Denied Response WaivedIFP civil-rights constitutional-law detention due-process fourth-amendment law-enforcement probable-cause search-and-seizure traffic-stop Whether a law enforcement officer may extend a traffic stop by asking for a driver's license and registration after confirming no traffic violation oc…
21-7281 Kevin Debnam v. Javier Salazar, Sheriff, Bexar County, Texas, et al. Fifth Circuit 2022-03-04 Denied IFP 4th-amendment civil-rights due-process police-misconduct probable-cause unlawful-arrest Whether police violated the Fourth Amendment by arresting the petitioner without probable cause
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…
21-1199 Sally Gaetjens v. City of Loves Park, Illinois, et al. Seventh Circuit 2022-03-02 Denied Response Waived civil-rights due-process emergency-aid exigent-circumstances fourth-amendment home-entry probable-cause standing warrant-requirement Whether the exigent circumstances doctrine extends to situations where there is time to obtain a warrant or other judicial process?
21-7182 Ernest Judge Smith, III v. Florida Florida 2022-02-24 Denied IFP due-process exigent-circumstances fourteenth-amendment fourth-amendment knock-and-announce law-enforcement-tactics probable-cause search-and-seizure unreasonable-search warrantless-arrest Isn't the Fourth and Fourteenth Amendments violated when exigent circumstances are created through police officers use of unreasonable law enforcement…
21-7157 Richard Lucas v. United States Second Circuit 2022-02-18 Denied Response WaivedIFP circuit-split cocaine cocaine-definition controlled-substances criminal-arrest criminal-procedure plain-error probable-cause statutory-interpretation Whether a state statute's definition of 'cocaine' differs from the federal definition based on the plain, unambiguous language of the statutes
21-7153 Arthur Miles v. United States First Circuit 2022-02-17 Denied Response WaivedIFP constitutional-rights fourth-amendment inception-of-stop law-enforcement narrow-shoulder probable-cause reasonable-suspicion traffic-stop weather-conditions Can facts observed or learned by a police officer after he decided to initiate a traffic stop, which traffic stop was delayed a short distance only ba…
21-7114 Robert Noel Smith v. Florida Florida 2022-02-15 Denied Response WaivedIFP 4th-amendment exigent-circumstances felony-fleeing fourth-amendment fresh-pursuit home-entry lange-v-california misdemeanant-pursuit probable-cause vehicle-registration warrantless-search Can State courts lawfully hold evidence admissible obtained from a warrantless search, seizure, and arrest where an officer entered the residence of a…
21-7104 Jeffrey Ryan Simmermaker v. Cedar County Sheriff's Department, et al. Eighth Circuit 2022-02-11 Denied Response WaivedIFP 42-usc-1983 civil-procedure civil-rights confidential-informant due-process fourth-amendment heck-bar heck-barr probable-cause search-warrant section-1983 standing Did the court err in its HECK BARR determination?
21-7089 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?
21-7024 Edgar Manuel Sierra-Serrano v. United States Eighth Circuit 2022-02-01 Denied Response WaivedIFP 4th-amendment civil-rights due-process exceptions fourth-amendment judicial-review probable-cause search-and-seizure standard-of-review warrantless-search Has the progeny of 'probable-cause' and the innovations of 'exceptions' to the Fourth-Amendment concerning the justification to advance in a warrantle…
21-6994 Fernando Lara v. United States Fourth Circuit 2022-01-27 Denied Response WaivedIFP cell-phone exclusionary-rule fourth-amendment privacy probable-cause search-and-seizure Whether the result of an alleged search of Petitioner's cell phone violated his Fourth Amendment rights
21-6936 Charles Roland Cheatham, aka Chi-Chi v. United States Ninth Circuit 2022-01-21 Denied Response WaivedIFP conspiracy conspiracy-investigation criminal-investigation evidence-derivation law-enforcement-procedure material-misstatement necessity probable-cause transfer wiretap wiretap-authorization May the government obtain a wiretap to investigate whether an individual is a member of an alleged conspiracy, by relying in part upon evidence from t…
21-6890 Robert William Moats v. United States Fourth Circuit 2022-01-20 Denied Response WaivedIFP civil-rights consensual-encounter consent constitutional-rights criminal-procedure detention fourth-amendment police-detention probable-cause search-and-seizure Whether the majority opinion of the United States Fourth Circuit of Appeals, which held that the defendant had a consensual encounter with police and …
21-6904 Michel Thomas v. Stafflink, Inc., dba Link Staffing Services, et al. Fifth Circuit 2022-01-19 Denied Response WaivedIFP exclusionary-rule fourth-amendment probable-cause qualified-immunity reasonable-suspicion search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
21-6885 Miguel Gonzalez Segovia v. United States Third Circuit 2022-01-18 Denied Response WaivedIFP 4th-amendment evidence-suppression evidentiary-hearing exclusionary-rule fourth-amendment pretrial-motion probable-cause search-and-seizure vehicle-stop Whether the Court erred when it denied Mr. Gonzalez Segovia's pretrial motion to suppress evidence seized pursuant to the vehicle stop
21-6841 Ada Maria Benson v. Hemet Police Department Ninth Circuit 2022-01-13 Denied Relisted (2)IFP 14th-amendment 42-usc-1983 4th-amendment civil-rights civil-rights-violation color-of-law due-process fourteenth-amendment fourth-amendment police-misconduct probable-cause Whether 42 USC 1983 can protect a law-abiding educated senior-citizen with disabilities from abduction (arrest) without probable-cause or warrant by a…
21-990 Aldrich L. Boss, as Personal Representative of the Estate of Stewart R. Crane v. United States, et al. First Circuit 2022-01-12 Denied Response Waived 5th-amendment bona-fide-purchase fifth-amendment forfeiture innocent-owner-defense property-forfeiture public-record standing takings-clause Whether the Fifth Amendment's Takings Clause permits the establishment of a new category of property for forfeiture purposes
21-6788 Bernard Lindsey v. United States First Circuit 2022-01-10 Denied Response WaivedIFP appellate-review cell-phone-search cell-phones drug-crimes drug-investigation fourth-amendment probable-cause search-and-seizure search-warrant warrant-particularity Whether the mere presence of two cell phones in the petitioner's home provided sufficient grounds to search their entire contents
21-975 Idaho v. Aaron James Howard Idaho 2022-01-06 Denied Response RequestedRelisted (2) dog fourth-amendment law-enforcement narcotics-detection probable-cause search search-and-seizure seizure vehicle vehicle-search When officers lawfully deploy a narcotics-detection dog on the exterior of a vehicle and, without any direction, prompting, or facilitation by officer…
21-949 George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. v. Samuel Randolph Third Circuit 2021-12-29 Denied continuance continuances counsel-of-choice criminal-defendant criminal-procedure forfeiture right-to-counsel sixth-amendment trial-court waiver Whether a criminal defendant can forfeit or waive his or her Sixth Amendment right to counsel of choice
21-6744 Jose D. Resto-Figueroa v. United States First Circuit 2021-12-29 Denied Response WaivedIFP 4th-amendment appellate-review criminal-justice-act criminal-procedure exclusionary-rule first-circuit in-forma-pauperis pro-se-petition probable-cause search-and-seizure vehicle-search Whether the district court erred in denying the petitioner's motion to suppress evidence obtained from a warrantless search of his vehicle
21-947 Tettus Davis, et ux. v. Jonathon Hodgkiss Fifth Circuit 2021-12-28 Denied Response Waived 4th-amendment civil-procedure civil-rights fourth-amendment franks-challenge interlocutory-appeal probable-cause qualified-immunity search-warrant section-1983 summary-judgment Franks-v-Delaware-violation
21-941 Aldo Daniel Gastelum v. United States Eighth Circuit 2021-12-27 Denied circuit-split consensual-search fourth-amendment police-detention probable-cause reasonable-suspicion search-and-seizure state-supreme-court-rulings voluntary-consent whether-search-is-consensual
21-6726 Mark Jason Davis v. Florida Florida 2021-12-23 Denied IFP 4th-amendment drug-detection fourteenth-amendment fourth-amendment k9-sniff police-dog private-property probable-cause search search-and-seizure search-warrant Whether an open-air sniff conducted by a police K9 on private property without a warrant or probable cause constitutes a search
21-921 Mark A. Witaschek v. District of Columbia District of Columbia 2021-12-22 Denied administrative-summons carpenter-v-united-states digital-privacy fourth-amendment good-faith-exception government-surveillance probable-cause tax-evasion third-party-doctrine Whether the Fourth Amendment's third-party doctrine should be overruled, limited, or held inapplicable
21-6682 Marcus L. Short v. Nebraska Nebraska 2021-12-21 Denied Response WaivedIFP constitutional-law fourth-amendment good-faith good-faith-exception judicial-review leon-standard probable-cause search-warrant united-states-v-leon Whether a reviewing court should ignore the Fourth Amendment analysis and go directly to a good faith analysis under United States v. Leon when an aff…
21-6689 Daniel Lawrence McGarry v. California California 2021-12-21 Denied IFP criminal-procedure preliminary-hearing probable-cause sixth-amendment speedy-trial state-criminal-proceeding Whether the Sixth Amendment right to a speedy trial attaches to a preliminary hearing in a state criminal proceeding
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…
21-6615 Fabian I. Sanchez v. United States Tenth Circuit 2021-12-15 Denied Response WaivedIFP civil-rights detention fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure seizure Whether a person may be detained on a hunch after the officer's suspicions have been dispelled
21-6600 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…
21-6563 Hector Sanchez-Torres v. Florida Florida 2021-12-09 Denied IFP coerced-confessions coercive-police-activity colorado-v-connelly confession-voluntariness criminal-procedure due-process law-enforcement-threats motivating-cause police-misconduct probable-cause quid-pro-quo voluntariness Whether the appropriate interpretation of Colorado v. Connelly's 'essential link' between coercive police activity and a suspect's confession is a 'mo…
21-6523 Edward Soybel v. United States Seventh Circuit 2021-12-07 Denied Response WaivedIFP carpenter-v-united-states fourth-amendment internet-protocol ip-address pen-register privacy-expectation probable-cause reasonable-expectation-of-privacy search third-party-doctrine Whether the use of a pen register to identify internet protocol (IP) addresses is a Fourth Amendment search requiring a warrant
21-6502 Bobby Griffin v. Connecticut Connecticut 2021-12-03 Denied Response WaivedIFP coerced-confession coercive-interrogation constitutional-rights due-process exclusionary-rule false-confession fourth-amendment interrogation-tactics probable-cause warrantless-search Whether Griffin's constitutional rights were violated by the admission of his statement to police and the rifle and ammunition obtained from his home
21-6436 Korey Stewart v. United States Second Circuit 2021-11-30 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights criminal-procedure due-process fourth-amendment probable-cause search-and-seizure speedy-trial Whether a reasonable law enforcement officer could have concluded that the evidence provided to the agents of the Drug Enforcement Administration cons…
21-770 Shelby Hawkins v. Johnny Banks, III Eighth Circuit 2021-11-24 Denied Response RequestedRelisted (2) civil-rights eighth-circuit excessive-force fourth-amendment police-conduct probable-cause qualified-immunity reasonable-force use-of-force Whether the use of force was reasonable
21-6377 Anthony Harris v. J. Philip Morgan, Warden, et al. Fourth Circuit 2021-11-23 Denied IFP constitutional-rights fourteenth-amendment fourth-amendment habeas-corpus probable-cause search-and-seizure warrantless-search Whether the court violated the petitioner's Fourth Amendment and Fourteenth Amendment rights under the U.S. Constitution when the court denied the pet…
21-6394 Kyle S. Matthews v. United States Seventh Circuit 2021-11-23 Denied IFP 4th-amendment good-faith-exception indicia-of-probable-cause probable-cause prosecutor-involvement search-and-seizure Where a search warrant affidavit lacks probable cause
21-6395 Seitu Sulayman Kokayi v. United States Fourth Circuit 2021-11-23 Denied Response WaivedIFP constitutional-rights electronic-surveillance first-amendment fisa-surveillance foreign-intelligence-surveillance-act fourth-amendment probable-cause standing Whether electronic surveillance of a U.S. citizen under FISA violates FISA and/or the First and/or Fourth Amendments
21-6345 Jeremy Schenck v. United States Seventh Circuit 2021-11-22 Denied Response WaivedIFP benign-information evidence-description judicial-scrutiny legal-review paragraph-structure probable-cause scrutiny search-warrant vulgar-slang warrant-application Whether allegations in a warrant application are entitled to lesser scrutiny when the district court concludes they are essential to the probable caus…
21-6370 Omil Cotto, aka Omil Gomez, aka Omil Alfredo Gomez v. United States Tenth Circuit 2021-11-22 Denied Response WaivedIFP 4th-amendment cell-phone-seizure cellphones criminal-procedure fourth-amendment overbreadth probable-cause road-rage search-and-seizure search-warrant warrant warrant-overbreadth Whether the search warrant was constitutionally overbroad in authorizing the seizure of 'any cellphones' in the house when officers had no reason to b…
21-6324 Jesus Alfredo Ramirez v. United States Ninth Circuit 2021-11-18 Denied Response WaivedIFP 4th-amendment civil-procedure communication-interception criminal-procedure district-court evidence-suppression probable-cause title-iii wiretap Whether the district court erred in authorizing a wiretap of Petitioner's communications under Title III and in failing to suppress the evidence inter…
21-726 Augustin Torres Gonzalez v. Steven Hahl, et al. Second Circuit 2021-11-17 Denied Response Waived arrest-standard civil-rights due-process false-arrest investigative-procedure judicial-review law-enforcement malicious-prosecution pendent-jurisdiction probable-cause state-policy totality-of-circumstances whether-officer's-deviations-from-policy-vitiated-probable-cause
21-6175 Shaun Short v. United States Eighth Circuit 2021-11-04 Denied Response WaivedIFP 4th-amendment automobile-exception criminal-procedure disabled-car franks-hearing parked-car probable-cause search-and-seizure warrant-requirement Does the automobile exception to the warrant requirement extend to a parked and disabled car, or is it limited to its original justifications?
21-6140 Leonard Morrison v. United States Fifth Circuit 2021-11-01 Denied Response WaivedIFP 4th-amendment community-caretaking consent exigent-circumstances fourth-amendment home-search implied-consent law-enforcement probable-cause search-and-seizure warrantless-entry Whether a court can find voluntary 'implied consent' to a warrantless home entry when the officer did not request permission to enter and was unaware …
21-6125 Roberto Griego Jimenez v. Texas Texas 2021-10-29 Denied IFP corroboration credibility criminal-informant fourth-amendment law-enforcement magistrate-warrant probable-cause quid-pro-quo reliability Did the trial court and Texas Court of Appeals err in their Fourth Amendment analysis?
21-6109 Jackie Harris v. United States Eighth Circuit 2021-10-28 Denied Response WaivedIFP constitutional-rights due-process fourth-amendment judicial-authority probable-cause reasons-for-granting search-warrant statutory-interpretation waiver-of-rights when-lower-court-removes-waiver-and-assigns-counsel-for-appeal
21-6000 Marius A. Brown v. United States Fourth Circuit 2021-10-19 Denied Response WaivedIFP appointed-counsel criminal-procedure fruit-of-poisonous-tree fruit-of-the-poisonous-tree miranda-rights probable-cause search-warrant wanton-endangerment Whether probable cause exists to issue a State search warrant to seize firearms, ammunition, and associated equipment, when the affidavit fails to all…
21-6006 Cory Wayne Kilgore v. United States Tenth Circuit 2021-10-19 Denied Response WaivedIFP 4th-amendment address-connection appellate-review child-pornography criminal-procedure fourth-amendment prior-conviction probable-cause search-warrant Did the Tenth Circuit err in holding that the search warrant affidavit provided adequate basis for probable cause?
21-5898 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…
21-5839 Antonio Darnell Mays v. Tracy Johnson Seventh Circuit 2021-10-01 Denied Response WaivedIFP civil-rights criminal-procedure due-process exclusionary-rule false-documents false-evidence false-statements fourth-amendment fundamental-question probable-cause search-and-seizure warrantless-search Whether the United States Court of Appeals made its decisions on the basis of false statements, documents, and evidence, and whether the petitioner wa…
21-5823 Salvador Vasquez v. United States Ninth Circuit 2021-09-29 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment marijuana-decriminalization probable-cause search-and-seizure state-law state-marijuana-laws vehicle-search warrantless-search When a state has decriminalized marijuana possession and use, does evidence of marijuana use inside a car—combined with nonspecific indications that t…
21-460 April Diane Myres v. United States Ninth Circuit 2021-09-27 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure due-process evidence evidence-admission fourth-amendment probable-cause self-incrimination warrantless-search Whether the Fourth Amendment permits the Government to introduce testimony, based only on the defendant's not consenting to warrantless fingerprinting…
21-5732 In Re Artoska Gillispie 2021-09-23 Denied IFP 4th-amendment cell-site-location-information fourth-amendment habeas-corpus ineffective-assistance misidentification personal-location-information probable-cause suggestive-identification warrant has-prejudice-been-shown
21-5736 Brandon Joshua Bailey v. Florida Florida 2021-09-21 Denied IFP fourteenth-amendment fourth-amendment gps gps-tracking location-records probable-cause search search-and-seizure vehicle warrant-requirement Whether the government conducts a search under the Fourth Amendment when it accesses a vehicle's historical GPS location records
21-5691 Juan Guzman Zuniga, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-17 Denied IFP civil-rights constitutional-rights criminal-procedure due-process exclusionary-rule federal-courts fourth-amendment habeas-corpus probable-cause search-and-seizure standing warrantless-search Whether the denial of a writ of habeas corpus by the district court was proper
21-5653 In Re Matthew Phillips 2021-09-14 Denied IFP criminal-procedure exclusionary-rule fourth-amendment probable-cause reasonable-expectation-of-privacy search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
21-5602 Charles E. Garza, Jr. v. Nebraska Nebraska 2021-09-08 Denied Response WaivedIFP 4th-amendment constitutional-rights expectation-of-privacy fourth-amendment privacy probable-cause residence search-and-seizure vehicle-search warrant warrant-scope Whether petitioner had expectation of privacy in parked vehicle
21-5544 Thomas Charles Scott v. Stuart Sherman, Warden Ninth Circuit 2021-09-01 Denied Response WaivedIFP due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment Were petitioner's rights under the Fourth and Sixth Amendments violated by trial counsel's failure to challenge a search warrant obtained via intentio…
21-5528 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
21-5389 Juan J. Martinez v. Texas Texas 2021-08-18 Denied IFP admissible-evidence collateral-proceedings constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment ineffective-assistance probable-cause right-to-counsel search-and-seizure trial-counsel Whether the petitioner received ineffective assistance of trial counsel in excluding otherwise admissible evidence?
21-5379 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…
21-5364 Tyrone Cammon v. United States Sixth Circuit 2021-08-13 Denied Response WaivedIFP 4th-amendment arrest-warrant civil-rights fourth-amendment minnesota-v-olson payton-v-new-york probable-cause protective-sweep search-and-seizure steagald-v-united-states third-party-residence warrantless-entry Whether Steagald v. United States protects an arrestee in a third party's residence
21-5338 Michael Vincent Moore v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-10 Denied IFP constitutional-rights dna-evidence due-process evidence-admissibility fifth-amendment fourteenth-amendment fourth-amendment mistrial probable-cause prosecutorial-misconduct trial-procedure Whether the prosecutor's submission of an affidavit for probable cause listing a tan animal hair found in a wicker trunk, when the DNA report received…
21-5325 Raul Adrian Torres v. United States Ninth Circuit 2021-08-09 Denied Response WaivedIFP arrestee criminal-procedure fourth-amendment handcuffs law-enforcement probable-cause search-and-seizure search-incident-to-arrest secured Whether a search of a backpack or other bag that was being carried by an arrestee is permissible as a search incident to arrest even after officers ha…
21-149 Rodolfo Rivera, Jr. v. John Granillo Tenth Circuit 2021-08-03 Denied Response Waived civil-rights court-of-appeals due-process judicial-proceedings legal-standard material-facts probable-cause qualified-immunity Whether the lower court has departed from the accepted and usual course of judicial proceedings, misrepresenting and ignoring material facts of the ca…
21-5283 Richard Todd Haas v. United States Fourth Circuit 2021-08-03 Denied Response WaivedIFP fourth-amendment franks-hearing law-enforcement materiality materiality-analysis probable-cause recklessness search-and-seizure search-warrant Did the Fourth Circuit err in refusing to engage in a materiality analysis of the information omitted from the affidavits to determine whether the omi…
21-131 Blanche A. Brown v. Joseph Friel, Police Chief, et al. Third Circuit 2021-07-30 Denied Response Waived abuse-victim-protection civil-rights constitutional-rights domestic-violence due-process free-speech patient-abuse probable-cause retaliation summary-judgment Right to report abuse and seek protection
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…
21-5228 Dwayne Sheckles v. United States Sixth Circuit 2021-07-28 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment criminal-procedure drug-crimes drug-dealing evidence-seizure home-invasion probable-cause residential-searches search-warrant search-warrants Whether a person's status as a suspected drug dealer, alone, provides probable cause to allow for a warrant to be issued for that person's residence
21-5224 Julian Terence Martin, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-27 Denied IFP criminal-procedure exclusionary-rule fourth-amendment probable-cause reasonable-expectation-of-privacy search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
21-5205 Eddie Mendia v. Abby Harman, et al. Kansas 2021-07-26 Denied IFP civil-liberties civil-rights due-process equal-protection geolocation-tracking privacy privacy-rights probable-cause racial-justice search-warrant virtual-trespass Whether private citizens require probable cause and search warrants to obtain geolocation data, lacking these amounts to violating constitutional righ…
21-96 Paul Daniels, et al. v. County of Alameda, California, et al. Ninth Circuit 2021-07-23 Denied Response Waived civil-rights federal-law malicious-prosecution probable-cause retaliation section-1983 state-law Where absence of probable cause to prosecute is an element of a federal section 1983 civil-rights claim
21-5131 Paul Noel Negrito, fka Paul A. E. Noel v. James Buonaugurio Second Circuit 2021-07-16 Denied Response WaivedIFP civil-rights due-process false-arrest personal-service personal-use-vehicle probable-cause section-1983 traffic-infraction traffic-infractions Whether a user of a 'Personal Use Vehicle' has a right to maintain a section 1983 claim for false arrest
21-5074 Samuel Ridder v. Tim Shoop, Warden Sixth Circuit 2021-07-12 Denied Response WaivedIFP alleged-bias appellate-procedure certificate-of-appealability forfeiture ineffective-assistance ineffective-assistance-of-counsel judicial-bias merits-brief prosecutorial-misconduct sixth-circuit Did the Sixth Circuit misconstrue the Certificate of Appealability as a merits brief?
21-5064 Brandi Channon and Matthew Channon v. United States Tenth Circuit 2021-07-09 Denied Response WaivedIFP 18-usc-981 criminal-forfeiture forfeiture in-personam in-personam-order joint-and-several-liability joint-liability money-judgment rewards-fraud statutory-forfeiture statutory-interpretation Does § 981(a)(1)(C) permit the entry of an in personam money judgment in lieu of tainted property?
21-5022 Sheron Gabriel Terrell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-06 Denied IFP due-process fourth-amendment franks-hearing franks-v-delaware ineffective-assistance ineffective-assistance-of-counsel probable-cause suppression-hearing warrant-affidavit Did Terrell make a substantial preliminary showing that the omissions made by Affiant from his warrant affidavit were recklessness by the proof of omi…
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…
20-1777 Willard Hall v. Edward Bickham, Warden Fifth Circuit 2021-06-24 Denied 6th-amendment community-representation due-process effective-assistance fair-cross-section fair-trial fifth-circuit impartial-jury jury-composition probable-cause Whether the petitioner was deprived of his right to a fair and impartial trial due to his jury not representing a fair cross-section of his community
20-1796 Justin Strolis v. Lucas Heise Eleventh Circuit 2021-06-24 Denied civil-rights co-defendant-identification fourth-amendment malicious-prosecution probable-cause qualified-immunity summary-judgment witness-identification Whether the Eleventh Circuit erred in applying a presumption of credibility to a co-defendant's identification of the plaintiff in a malicious prosecu…
20-1784 Ohio v. Daniel Deuble Ohio 2021-06-23 Denied 4th-amendment digital-communication fourth-amendment identity-corroboration law-enforcement law-enforcement-sting probable-cause search-and-seizure social-media Whether probable cause existed to detain a person suspected of soliciting sexual activity from a law enforcement officer posing as a minor
20-1788 City of New York, New York, et al. v. Jarrett Frost Second Circuit 2021-06-23 Denied Response RequestedResponse WaivedRelisted (4) civil-procedure civil-rights due-process evidence-fabrication fourth-amendment pretrial-detention probable-cause section-1983 Whether a § 1983 plaintiff may pursue a due process-based claim challenging a pretrial detention supported by probable cause, independent of the dispu…
20-1771 Charles Simonson v. Borough of Taylor, Pennsylvania, et al. Third Circuit 2021-06-22 Denied circuit-conflict circuit-split criminal-procedure domestic-violence due-process independent-investigation probable-cause warrantless-arrest witness-statement Whether the court of appeals erred when it did not require independent corroboration of an estranged-divorcing wife's allegations that her husband att…
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…
20-1745 Richard Sylvester v. United States First Circuit 2021-06-16 Denied 4th-amendment burden-of-proof community-caretaking fourth-amendment investigatory-motive law-enforcement-procedure police-policy probable-cause subjective-intent totality-of-circumstances vehicle-impound vehicle-impoundment whether-vehicle-impound-complies-with-4th-amendment
20-8290 Anthony Leon Waits v. United States Eighth Circuit 2021-06-11 Denied Response WaivedIFP circuit-split criminal-procedure district-court federal-court federal-rule forfeiture forfeiture-judgment indictment indictment-notice statutory-basis Does Federal Rule of Criminal Procedure 32.2(a) prohibit a district court from entering a forfeiture judgment when the indictment does not give notice…
20-1712 Charles Paul-Thomas Phoenix v. The Florida Bar Florida 2021-06-10 Denied Response Waived attorney-disciplinary-proceeding attorney-discipline charge-not-in-original closing-argument due-process grievance-committee in-re-ruffalo probable-cause quasicriminal-nature Whether a charge, in a state bar attorney disciplinary proceeding for which the attorney grievance committee had determined there was no probable caus…
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…
20-8167 Bryan Keith Miller v. United States Fifth Circuit 2021-06-07 Denied Response WaivedIFP 4th-amendment automobile-exception field-testing plain-view probable-cause search-and-seizure Did an officer have probable cause to retrieve and field test a loose substance observed in Mr. Miller's vehicle, under the plain view exception to th…
20-8212 Dany L. Brandao v. United States First Circuit 2021-06-03 Denied Response WaivedIFP criminal-procedure fourth-amendment home home-search narcotics narcotics-prosecution probable-cause prosecution search search-and-seizure vehicle Should the Fourth Amendment prohibit a search of a person's home when all drug sales occurred elsewhere?
20-8180 Benjamin Ross v. United States Sixth Circuit 2021-06-01 Denied Response WaivedRelisted (2)IFP 4th-amendment 4th-amendment-violation fourth-amendment pretextual-stop probable-cause reasonable-suspicion rodriguez-precedent rodriguez-v-united-states traffic-stop Whether the Fourth Amendment requires reasonable, articulable suspicion and probable cause to justify a pretextual traffic stop?
20-1660 In Re Garvester Bracken 2021-05-28 Denied article-iii criminal-procedure criminal-proceedings due-process habeas-corpus judicial-procedure jurisdiction probable-cause right-to-be-present right-to-counsel trial-jurisdiction Whether the trial court had jurisdiction to proceed and enter judgment without the defendant and defense counsel being personally present during any s…
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…
20-8103 Sayda Powery Orellana and Manuel Porras Salas v. United States Ninth Circuit 2021-05-25 Denied Response WaivedIFP appellate-review circuit-split civil-procedure forfeiture jury-instructions plain-error procedural-default waiver Whether agreement to a set of joint jury instructions is a waiver or forfeiture
20-8110 Lawrence Edward Jackson, Jr. v. Maryland Maryland 2021-05-24 Denied IFP constitutional-rights criminal-procedure due-process equal-protection excessive-fines fourth-amendment probable-cause search-and-seizure takings wrongful-conviction Whether the imposition of mandatory fees on the basis of a wrongful conviction violates the Fifth and Fourteenth Amendments
20-1628 Daniel Tekle v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2021-05-20 Denied 4th-amendment constitutional-rights due-process equal-protection fourth-amendment probable-cause search-and-seizure void-judgment warrantless-search Question not identified
20-8029 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 …
20-7940 Khaled Elbeblawy v. United States Eleventh Circuit 2021-05-05 Denied Response WaivedIFP constitutional-rights criminal-forfeiture due-process fact-finding forfeiture jury-trial restitution sentencing-enhancements sixth-amendment Whether the Sixth Amendment requires a jury trial on forfeiture, and whether the Sixth Amendment forbids a judge from finding facts that increase fine…
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…
20-1475 Wesley Perkins v. John Mischtian, Judge, County Court at Law 2, Bell County, Texas, et al. Fifth Circuit 2021-04-22 Denied arbitration civil-procedure civil-rights compelled-arbitration due-process jurisdictional-challenge probable-cause standing statutory-challenge transportation-code Statutory Challenge ; Compelled Arbitration
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 …
20-7716 Milton Mosley v. United States Third Circuit 2021-04-12 Denied Response WaivedIFP civil-rights criminal-procedure fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio Whether the lower courts' finding that suspicion of criminal activity was not 'specific, individualized, and reasonable' is contrary to Terry v. Ohio
20-7704 Daghrib Shaheed, et al. v. Stephan Kroski, et al. Second Circuit 2021-04-09 Denied IFP 4th-amendment civil-entry-order civil-rights family-court fourth-amendment law-enforcement-procedure new-york-state probable-cause qualified-immunity search-warrant Is a civil New York State Family Court Investigation Entry Order the equivalent of a search warrant?
20-7667 Troy Kendrick, Jr. v. United States Fifth Circuit 2021-04-06 Denied IFP 5th-circuit falsified-evidence franks-standard franks-v-delaware judicial-review law-enforcement-misconduct probable-cause sentencing-guidelines wiretap wiretap-evidence When a law enforcement agent falsifies and misrepresents wiretap evidence to establish probable cause for a second wiretap, can a reviewing court rely…
20-7651 Gonzalo Curiel v. California California 2021-04-02 Denied IFP exclusionary-rule fourth-amendment inevitable-discovery inevitable-discovery-rule police-misconduct probable-cause search-and-seizure warrant-requirement warrantless-search Whether the prosecution must prove that the alleged alternative police conduct was an ongoing legitimate investigation simultaneously occurring at the…
20-7626 Robert Frank Miller v. United States District of Columbia 2021-04-01 Denied Response WaivedIFP appellate-review appellate-standards criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-discretion probable-cause waiver Whether certiorari should be granted to clarify that probable cause must be based on actual facts, rather than mere assumptions interposed by the cour…
20-7643 Nafis Antuan Faison v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2021-04-01 Denied IFP 28-usc-2254 arrest-warrant constitutional-standard expectation-of-privacy fourth-amendment habeas habeas-corpus minnesota-v-olson probable-cause standing third-party-residence Whether the federal court impermissibly added an element to the expectation-of-privacy standard for a third-party overnight guest, in violation of 28 …
20-1362 Davdrin Goffin v. Robbie K. Ashcraft, et al. Eighth Circuit 2021-03-30 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-rights deadly-force excessive-force fourth-amendment police-shooting probable-cause qualified-immunity search-and-seizure tennessee-v-garner use-of-force Is an officer entitled to qualified immunity for shooting an unarmed fleeing suspect?
20-7538 Frankie Lewis Jones v. Georgia Georgia 2021-03-23 Denied IFP civil-rights constitutional-rights criminal-procedure due-process fourth-amendment interstate-agreement personal-detention probable-cause search-and-seizure sentencing statute-of-limitations warrantless-search Does FH petitioner receive dismissal on a conviction and sentence for violation of interstate agreement on detainers
20-7464 Stephen D. Long v. Ohio Ohio 2021-03-17 Denied Response WaivedIFP 4th-amendment anonymous-informant criminal-procedure exclusionary-rule fourth-amendment probable-cause search-warrant standing totality-of-the-circumstances Can a search warrant issue for a private residence based solely on the uncorroborated statement of an anonymous citizen informant?
20-7482 Lavellous Purcell v. United States Second Circuit 2021-03-17 Denied IFP electronic-data-privacy federal-rules-of-evidence fourth-amendment general-warrants internet-privacy interstate-commerce mann-act particularity-requirement probable-cause search-and-seizure search-warrant Whether a search warrant ordering Facebook to hand over the defendant's entire account to law enforcement for review, without limiting either Facebook…
20-7459 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
20-1277 Richard Meyer v. Kentucky Kentucky 2021-03-15 Denied civil-rights constitutional-challenge criminal-procedure due-process excessive-fines forfeitability forfeiture kentucky kentucky-statutes timbs-precedent timbs-v-indiana Does the Kentucky Court of Appeals decision in this case stand in direct contradiction to this Court's decision in Timbs v. Indiana, 139 S.Ct. 682 (20…
20-1280 Joseph Cotropia v. Mary Chapman Fifth Circuit 2021-03-15 Denied Response Waived civil-rights constitutional-law fair-warning fourth-amendment government-immunity per-se-unreasonable probable-cause qualified-immunity search-and-seizure warrantless-search warrantless-searches Whether the presumption that warrantless searches are per se unreasonable is so obvious a violation of the Fourth Amendment that the presumption gives…
20-7444 Toddrey Bruce v. United States Eleventh Circuit 2021-03-12 Denied Response WaivedIFP anonymous-911-call circuit-split fourth-amendment high-crime-area law-enforcement navarette-v-california probable-cause reasonable-suspicion second-amendment traffic-stop Whether the 'absence of additional suspicious conduct' can dispel reasonable suspicion of unlawful gun use
20-7423 Jose Jesus Cruz v. United States Tenth Circuit 2021-03-11 Denied Response WaivedIFP 4th-amendment destruction-of-evidence evidence-destruction exigent-circumstances fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure Is it reasonable for law enforcement to enter a suspect's home under the exigent-circumstances exception when there is no genuine exigency?
20-7436 Frederick Dale Knight v. Florida Florida 2021-03-11 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights criminal-procedure due-process fourth-amendment probable-cause reasonable-expectation-privacy search-and-seizure traffic-stop Does a noncriminal traffic stop and subsequent observation through the window of a stopped vehicle revealing a cylindrical brown object give rise to p…
20-7415 Keith Griffin v. New York New York 2021-03-10 Denied Response WaivedIFP 4th-amendment curtilage fishing-expedition fourth-amendment home-privacy implied-license probable-cause search-and-seizure standing warrantless-search Whether police can search the curtilage of a home without evidence of a crime
20-7416 James Lee Herman, Jr. v. United States Fourth Circuit 2021-03-10 Denied Response WaivedIFP 4th-amendment driving-under-the-influence exclusionary-rule fourth-amendment inevitable-discovery inevitable-discovery-doctrine probable-cause search-and-seizure traffic-stop Whether police officers who violated a driver's Fourth Amendment rights had probable cause to arrest the driver for driving under the influence and wo…
20-7355 Cleophus Reed, Jr. v. United States Eighth Circuit 2021-03-08 Denied IFP criminal-procedure exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures
20-7356 Eron Michael Spivey v. Texas Texas 2021-03-08 Denied IFP custodial-interrogation exclusionary-rule fifth-amendment fourth-amendment involuntary-detention law-enforcement-questioning probable-cause wong-sun wong-sun-doctrine Do authorities violate the Fourth Amendment when they involuntarily detain, in back of a patrol car for three hours, then at the police station for tw…
20-7312 Raevon Terrell Parker v. John Pickens, et al. Eighth Circuit 2021-03-03 Denied IFP 4th-amendment civil-rights criminal-procedure due-process probable-cause search-and-seizure Whether probable cause was sufficient to warrant a search and seizure of the Appellant, when the Appellee was only issued a citation for a violation o…
20-7260 Al Rue Hopkins v. Florida Florida 2021-02-26 Denied Response WaivedIFP 4th-amendment blood-draw dui dui-investigation exigency-exception exigent-circumstances fourth-amendment probable-cause search-and-seizure warrant-requirement Whether Florida statues 316.1933(1)(a) violates Petitioner's right to be free from unreasonable searches and seizures
20-7268 Jason P. Briscoe v. United States Tenth Circuit 2021-02-26 Denied Response WaivedIFP civil-rights constitutional-review criminal-procedure fourth-amendment police-discretion pretextual-stop pretextual-stops probable-cause traffic-violation whren-v-united-states Whether this Court's decision in Whren v. United States, 517 U.S. 806 (1996), which permits pretextual traffic stops so long as the police have probab…
20-7272 Tyslen J. Baker v. United States Sixth Circuit 2021-02-26 Denied Response WaivedIFP arrest-warrant civil-rights constitutional-rights criminal-procedure fourth-amendment law-enforcement probable-cause search-and-seizure Does a police officer violate a defendant's Fourth Amendment rights by executing an arrest warrant consisting of bare bones allegations lacking in pro…
20-1189 Brian E. Hardin v. Indiana Indiana 2021-02-26 Denied Response Waived constitutional-rights exclusionary-rule fourth-amendment law-enforcement probable-cause search-and-seizure search-warrant vehicle-search Whether law-enforcement officers violate the Fourth Amendment by searching a person's vehicle when the person drives that vehicle up to his house whil…
20-1181 Kyle Stephen Thompson v. Maryland Maryland 2021-02-25 Denied Response Waived de-novo-review evidentiary-hearing fourth-amendment franks-hearing franks-v-delaware materiality-prong probable-cause search-warrant standard-of-review When a court considers a request for a Franks hearing by excising the challenged statements in the warrant application, does the court review the rema…
20-7234 Kerrin Barrett v. PAE Government Services, Inc., et al. Fourth Circuit 2021-02-24 Denied Response WaivedRelisted (2)IFP community-caretaking emergency-doctrine exigent-circumstances fourth-amendment probable-cause search-and-seizure warrantless-seizure warrantless-seizures Whether the temporal scope of the emergency doctrine governing warrantless seizures for 'community caretaking' extends beyond the immediate circumstan…
20-7187 Haseeb Malik v. United States Ninth Circuit 2021-02-19 Denied Response WaivedIFP 4th-amendment constitutional-rights fourth-amendment law-enforcement marijuana-legalization probable-cause search-and-seizure state-law-enforcement vehicle-search Does the Fourth Amendment prohibit local state law enforcement from searching a vehicle to look for a personal use amount of marijuana in states where…
20-7174 Antonio Lopez v. Texas Texas 2021-02-17 Denied Response WaivedIFP coerced-confession confession-voluntariness criminal-procedure due-process family-coercion family-member interrogation police-interrogation probable-cause truthful-statements Whether a threat to arrest, or a promise not to arrest, a member of a suspect's family, depending only on his willingness to confess to a crime, rende…
20-7074 Jimmy Lee Nave, Jr. v. Frank Vanihel, Warden Seventh Circuit 2021-02-09 Denied Response WaivedRelisted (2)IFP criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause warrantless-arrest witness-identification Did the District Court err by relying on evidence received after Mr. Nave's warrantless arrest to determine the veracity of statements made by the aff…
20-7095 Gary S. Colldock v. United States Ninth Circuit 2021-02-09 Denied Response WaivedIFP dark-web drug-trafficking fourth-amendment probable-cause search-warrant staleness Whether the information in the application for the warrant to place the GPS device on Colldock's vehicle was 'stale'
20-7078 Brandon Cordell Bennett v. United States Ninth Circuit 2021-02-08 Denied Response WaivedIFP 4th-amendment criminal-procedure evidence-suppression exclusionary-rule fourth-amendment judicial-review material-omission materiality probable-cause search-warrant WHETHER OMITTED INFORMATION FROM A SEARCH WARRANT APPLICATION MUST NEGATE OR CONTRADICT ALLEGED FACTS SUPPORTING PROBABLE CAUSE IN ORDER TO BE MATERIA…
20-1053 Ronald Dewayne Pitts v. Ohio Ohio 2021-02-03 Denied Response Waived affidavit credibility-reliability due-process evidence-suppression fourth-amendment judicial-scrutiny probable-cause search-warrant undisclosed-sources Whether a Search Warrant Affidavit that failed to set forth probable cause can survive meaningful scrutiny
20-7010 Israel Santiago-Lugo v. United States First Circuit 2021-02-02 Denied Response WaivedIFP ambiguity amendment-782 criminal-procedure federal-rules forfeiture molina-martinez-v-us peugh-v-us rule-of-lenity sentencing-guidelines Whether the sentence was imposed under U.S.S.G. §201.1(c)
20-6968 Kenton Lance Light v. Texas Texas 2021-01-28 Denied IFP abandonment automobile-exception evidence fourth-amendment methamphetamine probable-cause search-and-seizure Whether the Fourth Amendment was violated when police searched a container on the basis that Petitioner abandoned the item without any evidence that P…
20-1027 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…
20-993 Jeremy Mickens v. Arkansas Arkansas 2021-01-26 Denied Response Waived 4th-amendment civil-rights criminal-procedure dog-sniff due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure traffic-stop Whether a police officer may extend a traffic stop to conduct a dog sniff
20-995 Anthony Vetri v. United States Third Circuit 2021-01-26 Denied Response Waived 4th-amendment aiding-and-abetting cellphone-data cellphone-privacy criminal-procedure digital-privacy evidence-search fourth-amendment particularity probable-cause search-and-seizure warrant-requirements Whether the Fourth Amendment requires more stringent privacy considerations in authorizing a warrant for the seizure of a cellphone and the manner its…
20-982 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…
20-6827 Abdul Majid v. United States Ninth Circuit 2021-01-14 Denied Response WaivedIFP appellate-review deference-to-lower-court fourth-amendment marijuana-legalization motion-to-suppress probable-cause search-and-seizure standard-of-review vehicle-search warrantless-search Whether the Court of Appeals can override the District Court's factual findings and expand the scope of a warrantless search
20-6863 Tommy Findley v. United States Eleventh Circuit 2021-01-13 Denied Response WaivedIFP circuit-split federal-court-review first-amendment fourth-amendment internet-access probable-cause state-law-application supervised-release warrant-application warrant-probable-cause Whether a federal court is required to apply controlling state law in determining whether facts omitted from a warrant application vitiate probable ca…
20-6813 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…
20-916 Nathaniel K. Hooker v. Illinois Illinois 2021-01-08 Dismissed adversarial-proceeding criminal-procedure due-process effective-assistance probable-cause right-to-bear-arms right-to-counsel right-to-effective-assistance-of-counsel sixth-amendment Whether the Circuit Court of Will County erroneously deprived the defendant of his Sixth Amendment right to counsel during his criminal proceedings
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…
20-870 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'…
20-6728 Jarvis O'Neil Adams v. Georgia Office of the Governor, et al. Eleventh Circuit 2020-12-30 Denied Response WaivedIFP 4th-amendment arrest civil-rights criminal-procedure law-enforcement narcotics officer-opinion probable-cause search-and-seizure seizure Whether probable cause can be established solely on officer's opinion of narcotics smell
20-6677 In Re William Harold Wright, Jr. 2020-12-21 Rehearing Response WaivedRelisted (2)IFP 4th-amendment criminal-procedure due-process probable-cause search-and-seizure standing whether-the-district-court-erred-in-denying-the-defendant's-motion-to-suppress
20-825 Christopher Brewer v. Teresa Hooks, et al. Eleventh Circuit 2020-12-18 Denied 4th-amendment causal-connection fourth-amendment informant informant-testimony probable-cause qualified-immunity search-warrant section-1983 Whether probable cause or arguable probable cause exists to seek a search warrant where an officer relies upon an informant who turns himself in, admi…
20-6601 Savannah Sifuentes v. United States Fifth Circuit 2020-12-10 Denied Relisted (2)IFP appellate-review criminal-procedure elements-of-offense essential-element forfeiture guilty-plea indictment indictment-challenge statutory-interpretation waiver Whether a defendant who unsuccessfully moves to dismiss an indictment for failure to allege an essential element of the crime waives or forfeits the a…
20-6551 Andy Williams v. United States Second Circuit 2020-12-07 Denied Relisted (2)IFP constitutional-law criminal-procedure fourth-amendment inventory-search probable-cause reasonable-suspicion rehaif-v-united-states warrantless-search Was the second warrantless search of the car -which followed the completed inventory search and was prompted by an officer's later-developed suspicion…
20-6475 Samer Walid Abdalla v. United States Sixth Circuit 2020-11-30 Denied Response WaivedIFP fourth-amendment judicial-authorization law-enforcement neutral-magistrate particularity probable-cause residence search-warrant warrant-specificity Whether the Fourth Amendment was violated when officers executed a search warrant that authorized the search of a different residence in a different t…
20-6480 Maurice Freeman v. United States Eighth Circuit 2020-11-30 Denied Response WaivedIFP 4th-amendment bailey-v-united-states detention fourth-amendment immediate-vicinity michigan-v-summers police-authority premises-search probable-cause reasonable-suspicion search-and-seizure search-warrant Does the rule of Michigan v. Summers extend to individuals on a public street near the residence?
20-6444 Ronnie Eugene Fuston v. Oklahoma Oklahoma 2020-11-27 Denied IFP cell-site-location-information fourth-amendment good-faith-exception probable-cause state-statute statutory-interpretation warrant-requirement Whether the state appellate court erroneously applied the good-faith-exception to the warrant-requirement despite a state-statute requiring a finding …
20-6454 Mark David Zimmerman v. Texas Texas 2020-11-25 Denied IFP 4th-amendment constitutional-law constitutional-rights fourth-amendment fruit-of-the-poisonous-tree k-9-search probable-cause reasonable-suspicion search-and-seizure traffic-stop Whether the lower court erred in denying Petitioner's motion to suppress evidence obtained during a traffic stop under the Fourth Amendment search-and…
20-6343 Ashley Fernandes v. Massachusetts Massachusetts 2020-11-16 Denied Response WaivedIFP 4th-amendment criminal-procedure digital-devices digital-search-warrant electronic-evidence evidence fourth-amendment general-warrants probable-cause search-and-seizure search-warrant Whether a search warrant can authorize an unlimited search of all of a suspect's digital devices based on an affidavit describing the type of crime be…
20-6315 Darris Altony Newsome v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2020-11-13 Denied IFP criminal-charges criminal-procedure double-jeopardy due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause sixth-amendment victim-testimony witness-testimony Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated due to trial counsel's conduct involving dishonesty tha…
20-653 Henry Hamilton v. City of Hayti, Missouri, et al. Eighth Circuit 2020-11-12 Denied Response Waived arrest-warrant arrest-warrants discretionary-authority fourth-amendment gerstein-v-pugh judicial-immunity municipal-court probable-cause quasi-judicial-immunity Did the court clerk unconstitutionally exercise a judicial function under the Fourth Amendment and Gerstein v. Pugh
20-595 Dennis Lemma, Sheriff, Seminole County, Florida v. Seana Barnett Eleventh Circuit 2020-11-05 Denied 4th-amendment civil-rights constitutional-reasonableness detention detention-duration due-process dui dui-arrest fourth-amendment law-enforcement probable-cause Is it constitutionally unreasonable for a jail to detain for eight hours any driver arrested with probable cause for driving under the influence of al…
20-6216 Michael E. Torres v. United States Third Circuit 2020-11-04 Denied Response WaivedIFP armed-career-criminal-act arrest criminal-procedure drug-conviction fourth-amendment fourth-amendment-seizure investigative-detention probable-cause reasonable-suspicion Did the Third Circuit err in viewing the police conduct as no more than a brief investigative detention and thus justified by reasonable suspicion ins…
20-564 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…
20-6172 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…
20-552 Jeremiah Paige Rice v. Illinois Illinois 2020-10-28 Denied Response Waived 4th-amendment civil-rights constitutional-rights due-process fourth-amendment free-speech healthcare medical-cannabis probable-cause search-and-seizure warrantless-search Whether the detectable odor of burnt cannabis alone, without any other indicators, is sufficient for law enforcement to form probable cause to subject…
20-6149 Jose Sanchez v. United States Eighth Circuit 2020-10-28 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement probable-cause search-and-seizure traffic-stop unreasonable-search Whether an unlawful search of a vehicle performed by law enforcement after an improperly conducted dog sniff constitutes an unreasonable extension of …
20-6142 Steven Spain v. Illinois Illinois 2020-10-27 Denied Response WaivedIFP 2nd-amendment 4th-amendment civil-rights due-process fourth-amendment gun-rights law-enforcement probable-cause reasonable-suspicion second-amendment terry-v-ohio In a state that allows residents to carry a firearm in public, is it reasonable under the Fourth Amendment to stop and arrest someone for carrying a f…
20-6132 Mose B. Coffee v. Wisconsin Wisconsin 2020-10-26 Denied Response WaivedIFP categorical-approach crime-of-arrest fourth-amendment probable-cause reasonable-suspicion search-incident-to-arrest vehicle-search warrant-requirement Does Gant's exception to the Fourth Amendment's warrant requirement permit searches on probable-cause, reasonable-suspicion or a categorical-approach …
20-6090 Reginald Ferguson v. United States Sixth Circuit 2020-10-21 Denied Relisted (2)IFP civil-rights consensual-encounter consent criminal-procedure due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion testimony Can a court determine that an encounter was initially consensual when the officer testified that he did not remember how it was initiated, nor is it c…
20-518 Darrius Marcel Mastin v. United States Eleventh Circuit 2020-10-20 Denied arrest-warrant bystander-detention constitutional-law fourth-amendment law-enforcement-authority michigan-v-summers police-powers probable-cause reasonable-suspicion search-and-seizure Whether Michigan v. Summers authorizes detaining a bystander without individualized suspicion
20-526 Jason M. Blackburn v. United States Armed Forces 2020-10-20 Denied Response Waived 4th-amendment child-pornography criminal-procedure digital-evidence fourth-amendment good-faith-exception military-justice probable-cause search-and-seizure search-warrant Whether the Court of Appeals erred in holding the good faith exception applied to the search and seizure of Petitioner's computer?
20-5960 Joe Hernandez v. United States Fifth Circuit 2020-10-08 Denied Response WaivedIFP arrest-warrant constitutional-rights fourth-amendment law-enforcement maryland-v-buie probable-cause protective-sweep search-and-seizure standard-procedure Does a protective sweep of person's entire residence by law enforcement officers pursuant to 'standard procedure' upon their entry when serving an arr…
20-5918 Leonard F. Locke, Jr. v. United States Eighth Circuit 2020-10-06 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights defense-counsel due-process fourth-amendment ineffective-assistance-of-counsel police-misconduct probable-cause search-and-seizure traffic-stop warrantless-search Question not identified
20-5911 Josh Albritton v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2020-10-05 Denied Relisted (2)IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
20-424 IYM Technologies LLC v. RPX Corporation, et al. Federal Circuit 2020-10-02 Denied Response Waived appointments-clause arthrex constitutional-claim federal-circuit forfeiture inter-partes-review patent patent-law standing Whether a court of appeals can invoke forfeiture to refuse to address a constitutional claim in a pending appeal despite an intervening change in law
20-5860 Miguel Antonio Wooten v. Warren L. Montgomery, Warden Ninth Circuit 2020-09-30 Denied Response WaivedIFP county-of-riverside-v-mclaughlin criminal-procedure due-process effective-assistance-of-counsel fourth-amendment habeas-corpus probable-cause sixth-amendment Whether petitioner's Sixth Amendment right to effective assistance of counsel was violated
20-411 Traize T. Wash v. Ohio Ohio 2020-09-29 Denied Response Waived 4th-amendment automobile-exception civil-rights fourth-amendment law-enforcement pretextual-stop probable-cause racial-profiling reasonable-suspicion search-and-seizure whren-v-united-states Whether a police officer's subjective intent should be considered in the context of a Fourth Amendment analysis involving a pretextual stop and unreas…
20-5829 Jerry Fruit v. United States Third Circuit 2020-09-29 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement officer-safety probable-cause rodriguez-precedent search-and-seizure traffic-stop Whether police may delay a traffic stop, in the interest of officer safety, absent probable cause, in order to conduct a search?
20-5814 Anthony Kinta Webb v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-09-25 Denied Relisted (2)IFP 6th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment jury-selection probable-cause public-trial search-and-seizure Whether the Sixth Amendment right to a public trial applies to jury selection proceedings
20-5816 Jose Antonio Acevedo-Lemus v. United States Ninth Circuit 2020-09-25 Denied Response WaivedIFP appellate-review criminal-procedure federal-rules-of-criminal-procedure good-cause plain-error probable-cause search-warrant suppression-motion waiver Whether a new theory raised on appeal in support of a suppression motion is reviewable for plain error or under Rule 12's good-cause standard
20-5794 Scott T. Wilbert v. United States Second Circuit 2020-09-24 Denied Response WaivedIFP appellate-review criminal-procedure fourth-amendment franks-hearing probable-cause search-and-seizure second-circuit suppression-motion Should certiorari be granted due to improper affirmation of Fourth Amendment suppression motion denial?
20-5797 Jeffrey Murray v. Rhode Island Rhode Island 2020-09-24 Denied Response WaivedIFP 4th-amendment civil-rights criminal-procedure due-process judicial-determination probable-cause probation-violation standing warrantless-arrest Whether a summons must issue prior to the issuance of a bench warrant
20-5765 Daniel F. Borden, Sr. v. Gary Swarthout, Warden Ninth Circuit 2020-09-23 Denied Response WaivedRelisted (2)IFP brady-v-maryland civil-rights constitutional-rights criminal-procedure due-process evidence exculpatory-evidence probable-cause prosecutorial-misconduct Whether exculpatory material evidence that would exonerate a person is required to be disclosed by the prosecution
20-5776 Joel Thomas Augard v. United States Eighth Circuit 2020-09-23 Denied IFP 4th-amendment affidavit criminal-procedure exclusionary-rule good-faith good-faith-exception probable-cause search-warrant warrant-execution Whether the good-faith analysis prohibits consideration of facts not included in the search-warrant affidavit?
20-5778 David Davalos, Sr. v. United States Fifth Circuit 2020-09-23 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure criminal-procedure-rules district-court-jurisdiction federal-rules forfeiture forfeiture-order jurisdiction money-judgment notice-of-appeal time-limits Whether a district court exceeds its jurisdiction by entering a preliminary order of forfeiture and an order of money judgment beyond the time limits …
20-5727 Martez LaJuan Edwards v. United States Sixth Circuit 2020-09-16 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression fourth-amendment jury probable-cause search-and-seizure standing Question not identified
20-5690 Darrick Michael Loff v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2020-09-14 Denied Response WaivedIFP civil-rights constitutional-rights due-process evidence-tampering false-arrest fourth-amendment law-enforcement malicious-prosecution probable-cause property-seizure search-and-seizure warrantless-search Whether the arresting officer had permission to enter and search the appellant's family property, and whether it was legal for the officer to accept a…
20-5604 Atorbe Aaron Isibor v. United States Ninth Circuit 2020-09-08 Denied Response WaivedIFP appellate-review burden-of-proof criminal-procedure federal-rules forfeiture olano venue venue-insufficiency waiver waiver-doctrine Whether a defendant who argues for the first time on appeal that the government failed to meet its burden to prove venue waives the issue or merely fo…
20-283 Austin J. Bass v. Patrick M. Greve, et al. Sixth Circuit 2020-09-03 Denied Response RequestedResponse WaivedRelisted (6) 4th-amendment arrest arrest-justification civil-rights criminal-intent due-process fourth-amendment law-enforcement-discretion probable-cause qualified-immunity Whether Officer Bass had probable cause to arrest under the Fourth Amendment
20-5589 Wali Ross v. United States Eleventh Circuit 2020-09-03 Denied Response RequestedResponse WaivedRelisted (2)IFP arrest-warrant fourth-amendment hotel-eviction hotel-room payton possessory-interest probable-cause reasonable-belief search-and-seizure Whether officers must have probable cause to believe a suspect is present to justify entry into a hotel room to execute an arrest warrant
20-5571 Angel C. Pacheco v. Maine Maine 2020-09-02 Denied Response WaivedIFP any-persons-present collective-searches criminal-procedure drug-trafficking fourth-amendment probable-cause search-warrant warrant-standard Whether the Fourth Amendment requires probable cause that each person present will possess evidence of a crime, or only that the collective searches o…
20-5555 Franklin C. Edwards v. Illinois Illinois 2020-09-01 Denied Response WaivedIFP 4th-amendment civil-rights criminal-procedure fourth-amendment investigatory-stop kansas-v-glover law-enforcement probable-cause reasonable-suspicion traffic-stop vehicle-search Whether the traffic stop was lawful where the police had no idea who the driver was but knew the registered owner of the vehicle was neither involved …
20-5476 Derek Tyler Horton v. Alabama Alabama 2020-08-25 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights duty-to-investigate fourth-amendment law-enforcement lawful-arrest pretext pretextual-arrest probable-cause warrant-validity Whether a police officer's reason for acting should factor into the Fourth Amendment inquiry
20-5405 Jaroderick Hardy v. United States Eleventh Circuit 2020-08-20 Denied Response WaivedIFP criminal-procedure fourth-amendment high-crime-area investigative-stop law-enforcement probable-cause proximity reasonable-suspicion terry-stop Whether the Eleventh Circuit's reasonable-suspicion determination can be reconciled with Terry-v-Ohio
20-5418 Danny Veloz, aka Maestro, aka Joil Rivera v. United States First Circuit 2020-08-19 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence evidence-review franks-hearing franks-v-delaware judicial-discretion probable-cause search-and-seizure search-warrant Whose evidence can a trial judge consider in making a Franks showing?
20-5400 Gary Allen Kachina v. United States Eighth Circuit 2020-08-18 Denied Relisted (3)IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
20-175 Jinil Steel Company, Limited v. ValuePart, Incorporated, et al. Fifth Circuit 2020-08-17 Denied Response Waived appellate-review bankruptcy bankruptcy-procedure civil-procedure forfeiture judicial-discretion legal-forfeiture oral-argument pleadings preservation-of-error procedural-preservation Whether a litigant forfeits an argument by raising it thoroughly in an oral proceeding in bankruptcy court or other court of first instance, but not i…
20-5343 James Brome v. United States Second Circuit 2020-08-13 Denied Response WaivedIFP administrative-law due-process forfeiture jones-v-flowers mail-delivery notice notice-requirements prisoner prisoner-notice property-forfeiture statutory-notice What level of notice is required when providing a prisoner with notice that his property will be forfeited?
20-5338 Ibrahim McCants v. United States Third Circuit 2020-08-12 Denied Response WaivedIFP anonymous-tip corroboration domestic-violence fourth-amendment police-response probable-cause reasonable-suspicion stop-and-frisk Does an anonymous tip providing minimal physical and location descriptors and alleging ongoing domestic violence that is not corroborated when police …
20-5339 Leandre R. Jennings, III v. Nebraska Nebraska 2020-08-12 Denied Response WaivedIFP 4th-amendment fourth-amendment good-faith good-faith-exception illinois-v-krull judicial-approval judicial-review law-enforcement probable-cause search-warrant united-states-v-leon Whether the reviewing court must use the test set forth in United States v. Leon or the test set forth in Illinois v. Krull to determine if good faith…
20-139 Bryant Kazuyoshi Iwai v. United States Ninth Circuit 2020-08-10 Denied Response RequestedResponse WaivedRelisted (2) anticipatory-search-warrant beeper controlled-delivery exigent-circumstances fourth-amendment home-entry law-enforcement-perjury probable-cause search-and-seizure search-warrant Whether the Ninth Circuit majority opinion has adopted a rule of exigent circumstances contrary to United States v. Grubbs and Kentucky v. King
20-131 Essity Hygiene and Health AB v. Cascades Canada ULC, et al. Federal Circuit 2020-08-07 Denied appointments-clause constitutional-interpretation discretion federal-circuit forfeiture judicial-discretion pending-cases precedential-decision scalia Whether courts have discretion to apply a precedential Appointments Clause decision in pending cases where the issue was not raised in the opening app…
20-5303 Lawrence A. Dibble v. Ohio Ohio 2020-08-07 Denied Response RequestedResponse WaivedRelisted (2)IFP exclusionary-rule fourth-amendment good-faith-exception judicial-review law-enforcement magistrate oral-testimony probable-cause search-warrant Whether a court may consider unrecorded, oral information provided to a magistrate when evaluating the reasonableness of an officer's belief in the ex…
20-5285 Melvin Lee Jones v. United States Fourth Circuit 2020-08-06 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment circuit-court-split criminal-procedure drug-enforcement fourth-amendment locked-containers marijuana-odor probable-cause search-and-seizure search-warrant Scope of search warrant based on marijuana odor
20-5273 Andrew Hargett, Jr. v. United States Fourth Circuit 2020-08-05 Denied Response WaivedIFP arrest civil-rights criminal-procedure evidence-suppression exclusionary-rule fourth-amendment probable-cause search-and-seizure Whether the Fourth Amendment exclusionary rule required suppression of evidence
20-5279 William Dale Wooden v. United States Sixth Circuit 2020-08-05 Judgment Issued Amici (6)Response RequestedResponse WaivedRelisted (3)IFP constitutional-rights criminal-procedure due-process fourth-amendment probable-cause search-and-seizure standing warrantless-entry warrantless-search Did the warrantless entry and search of petitioner's home violate his Fourth Amendment right to be free from illegal search and seizure?
20-5215 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…
20-5230 Arthur Lopez v. Newport Beach Police Department, et al. Ninth Circuit 2020-07-30 Dismissed Response WaivedRelisted (2)IFP 4th-amendment civil-rights due-process probable-cause qualified-immunity search-and-seizure Whether the seizure and warrantless search of a vehicle and its contents, including a cell phone, violates the Fourth Amendment rights of the vehicle'…
20-5195 Gilbert Carrasco v. United States Ninth Circuit 2020-07-28 Denied Response WaivedIFP 4th-amendment 4th-amendment-violation border-patrol contraband-search fourth-amendment immigration-checkpoint immigration-enforcement probable-cause search-and-seizure suspicion-less-stops unreasonable-search Whether the Border Patrol's use of internal immigration checkpoints to search for contraband, weapons, and undocumented immigrants violates the Fourth…
20-5158 Alexander J. Silvers v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-07-24 Denied Response WaivedIFP constitutional-rights detention-challenge double-jeopardy due-process gerstein-v-pugh judicial-determination notice-to-defense probable-cause prosecutorial-discretion Whether a judicial determination of probable cause in the arrested offense legally justifies the state attorney filing additional charges
20-51 Pedro Pete Benevides v. United States Eleventh Circuit 2020-07-22 Denied Response Waived criminal-forfeiture eighth-amendment excessive-fine forfeiture ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-guidelines Whether the forfeiture of over $44 million constitutes an excessive fine under the Eighth Amendment
20-5107 Vernon Montgomery v. Delaware Delaware 2020-07-20 Denied Response WaivedIFP appellate-procedure civil-procedure constitutional-review court-review due-process judicial-duty legal-argument perjury probable-cause prosecutorial-misconduct standing Does a State's appellate court have to address the contentions of its appellant in its opinion?
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…
20-5013 Rafeal D. Newson v. Superior Court of California, Pima County, et al. Seventh Circuit 2020-07-09 Denied IFP breach-of-contract civil-procedure civil-rights constitutional-rights criminal-procedure due-process extradition extradition-process federal-procedure habeas-corpus interstate-detainers-act probable-cause Malicious prosecution - favorable termination, abuse of process, Interstate Agreement on Detainers Act, extradition, mandamus, habeas corpus
19-1475 Duke University v. Biomarin Pharmaceutical Inc. Federal Circuit 2020-07-08 Denied 35-usc-314 administrative-law administrative-patent-judges appointments-clause due-process forfeiture inter-partes-review patent patent-law standing statutory-interpretation Whether a court of appeals can invoke forfeiture to refuse to address an Appointments Clause violation in a pending appeal despite an intervening chan…
19-8917 Melody Jackson Hale v. Indiana Department of Child Services, et al. Seventh Circuit 2020-07-08 Denied Response WaivedIFP 4th-amendment civil-rights due-process probable-cause property-rights search-and-seizure Whether the Fourth Amendment prohibits law enforcement from conducting a warrantless search of a person's home and seizing their property without prob…
19-8926 Roberto Clemente Govea v. United States Sixth Circuit 2020-07-08 Denied Response WaivedIFP circuit-court-split circuit-split fourth-amendment good-faith-exception probable-cause reasonably-trained-officer reasonably-well-trained-officer search-and-seizure search-warrant supreme-court-review Whether the good-faith exception of Leon v. United States applies to the search warrant for the defendant's home
19-1468 Brian Anthony Wiley v. Tennessee Tennessee 2020-07-07 Denied Response Waived campsite-privacy civil-rights due-process fourth-amendment law-enforcement-conduct privacy private-property probable-cause search-and-seizure vehicle-search warrantless-search Whether the Fourth Amendment permits warrantless entry and search of a rented campsite
19-8913 Wasfi Abbassi v. United States Ninth Circuit 2020-07-07 Denied Response WaivedIFP false-information fourth-amendment fourth-amendment-violation miranda-rights probable-cause search-warrant stale-information terry-stop Whether the Ninth Circuit's upholding of a search warrant based almost exclusively on false, misleading and stale information violated the Fourth Amen…
19-1451 Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc. Federal Circuit 2020-07-02 Denied administrative-law appointments-clause constitutional-challenge federal-circuit forfeiture ksr-international-co-v-teleflex-inc obviousness patent-act patent-law patent-trial-and-appeal-board pending-case separation-of-powers Whether a court can refuse to entertain a constitutional, separation-of-powers challenge based on an intervening change of law on the grounds of forfe…
19-8871 Joshua Adam Schulte v. William P. Barr, Attorney General, et al. Second Circuit 2020-07-01 Denied Response WaivedIFP administrative-law civil-rights constitutional-rights criminal-procedure due-process fourth-amendment habeas-corpus probable-cause search-and-seizure standing Does an administrative court order that unconstitutionally ends a case warrant appellate review?
19-1436 Denise DeMartini v. Town of Gulf Stream, Florida Eleventh Circuit 2020-06-30 Denied 42-usc-1983 causation civil-lawsuit civil-litigation civil-rights first-amendment first-amendment-retaliation municipal-liability probable-cause retaliation section-1983 Did the Eleventh Circuit err in importing a 'lack of probable cause' requirement for a First Amendment retaliation claim under 42 U.S.C § 1983 arising…
19-1429 David Pena, III v. Texas Texas 2020-06-26 Denied 4th-amendment automobile-exception criminal-procedure criminal-procedure-4th-amendment-search-and-seizur exclusionary-rule fourth-amendment fruit-of-poisonous-tree fruit-of-the-poisonous-tree miranda-rights probable-cause search-and-seizure Whether Texas' Third Court of Appeals erred in finding that the items found in the trunk of petitioner's car did not constitute fruit of the poisonous…
19-8787 Wayne A. G. James v. United States Third Circuit 2020-06-23 Denied Response WaivedIFP attorney-objection circuit-split civil-procedure evidence evidence-admission forfeiture plain-error trial-record waiver Whether an otherwise silent trial record showing only that an attorney declined to object to the admission of evidence establishes forfeiture or waive…
19-8777 In Re Garvester Bracken 2020-06-22 Dismissed IFP article-iii article-iii-jurisdiction criminal-procedure due-process judicial-determination jurisdiction probable-cause removal standing trial-court-jurisdiction whether-the-trial-court-had-jurisdiction
19-8676 Fatou Small v. United States Third Circuit 2020-06-11 Denied Response WaivedIFP fourth-amendment informant-tip probable-cause reasonable-suspicion totality-of-the-circumstances traffic-offense vehicle-stop Whether a vehicle stop was performed in violation of Petitioner's Fourth Amendment rights
19-8651 Kevin Remillard v. Ohio Ohio 2020-06-10 Denied IFP fourteenth-amendment fourth-amendment motion-to-suppress personal-papers probable-cause search-warrant warrantless-search welfare-check Does the Fourth and Fourteenth Amendment require a search warrant or probable cause to seize and search personal papers during a welfare check?
19-8596 Ryan Galal VanDyck v. United States Ninth Circuit 2020-06-04 Denied Response WaivedIFP digital-surveillance fourth-amendment internet-privacy internet-protocol-address online-privacy probable-cause subscriber-information third-party-doctrine Does the Fourth Amendment require a warrant to obtain subscriber information associated with an IP address?
19-1327 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 '…
19-8527 Rodney Douglas Eaves v. Colorado Department of Corrections, et al. Tenth Circuit 2020-05-22 Denied Response WaivedIFP 5th-amendment affidavit constitutional-rights court-procedure criminal-procedure due-process evidence fifth-amendment probable-cause waiver Whether the Fifth Amendment is violated when an unverified Complaint and Information is used in lieu of a probable cause hearing
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
19-8508 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
19-8486 Quincy Tremayne Bloodworth v. United States Sixth Circuit 2020-05-18 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights fourth-amendment law-enforcement marijuana-legalization police-encounter probable-cause search-and-seizure standard-of-review unreasonable-seizures Are minott ties and pool people in America provided adequate protection from unreasonable Searches and Seizures?
19-1277 David Thorpe v. Dexter Dumas, et al. Eleventh Circuit 2020-05-12 Denied Relisted (2) 42-usc-1983 absolute-immunity administrative-acts civil-rights due-process investigative-acts probable-cause prosecutorial-immunity prosecutorial-misconduct qualified-immunity section-1983 Whether a supervising Deputy District Attorney who assigned three (4) District Attorneys over a two-year period to a case that lacked probable cause (…
19-8437 Joh-ner Taylor Wilson v. Illinois Illinois 2020-05-12 Denied Response WaivedIFP civil-rights due-process fabricated-evidence false-arrest fourth-amendment perjured-testimony probable-cause warrantless-arrest wrongful-conviction Whether Wilson's warrantless arrest and detention without probable cause violates the Fourth Amendment
19-8418 Rupert Stamps v. Detective Paris Capalupo, et al. Fourth Circuit 2020-05-08 Denied IFP affidavit exclusionary-rule fourth-amendment probable-cause search-warrant standing Did the Lower Court err or abuse its discretion when ruling that Officer Rollins did not violate Appellant's rights under the Fourth Amendment to be f…
19-8423 Christopher Gies v. Ohio Ohio 2020-05-08 Denied Response WaivedIFP fourth-amendment good-faith good-faith-doctrine probable-cause probation-search reasonable-suspicion statutory-compliance warrantless-search warrants-clause Does a warrantless probation search conducted outside the scope of an authorizing state regulation and not authorized by a condition of probation, and…
19-8412 Lenroy McLean v. United States Second Circuit 2020-05-07 Denied Response WaivedIFP appellate-review circuit-court criminal-procedure discretion discretionary-review forfeiture plain-error sentencing sentencing-guidelines substantial-rights Should the Second Circuit Court of Appeals exercise its discretion to correct the forfeited error of Petitioner's miscalculated guideline sentence tha…
19-8401 Roderick Delon Lewis v. United States Fourth Circuit 2020-05-05 Denied Response WaivedIFP collins-v-virginia curtilage fourth-amendment probable-cause reasonable-suspicion terry-stop terry-v-ohio warrant Whether an officer's intrusion into the curtilage of a residence implicated Fourth-Amendment-protections, requiring probable-cause rather than reasona…
19-8393 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…
19-1262 Steven Eric Greer v. Dennis Mehiel, et al. Second Circuit 2020-04-30 Denied Response Waived civil-rights constitutional-rights final-policymaking-authority first-amendment government-entity government-liability monell monell-claim monell-v-department-of-social-services petition press probable-cause retaliation retaliation-claim rule-60-motion Did the lower courts misapprehend Lozman v. City of Riviera Beach, Fla. and Greer v. Mehiel?
19-8366 Andres Fernando Cabezas v. United States Eleventh Circuit 2020-04-27 Denied Response WaivedIFP appeals appellate-procedure circuit-split civil-procedure criminal-procedure due-process federal-jurisdiction forfeiture property-recovery property-rights rule-41g subject-matter-jurisdiction Does a district court have subject-matter jurisdiction to decide 41(g) motions for recovery of property that is unrelated to a criminal judgment on ap…
19-8360 Juan C. Parra-Interian v. Mike Obenland Ninth Circuit 2020-04-26 Denied Response WaivedIFP civil-procedure constitutional-error criminal-procedure due-process evidence exculpatory-evidence harmless-error joinder-of-charges probable-cause standing witness witness-testimony Question not identified
19-8347 Joseph A. Daniels v. Virginia Virginia 2020-04-23 Denied IFP due-process exigent-circumstances extrinsic-fraud Fourth-Amendment jurisdiction motion-to-vacate probable-cause property-rights standing void-judgment warrantless-search Did the Supreme Court of Virginia have jurisdiction to adjudicate the claims of Daniels' Motion to Vacate, based upon extrinsic fraud, and could it be…
19-8250 Michael Thomas Gaussiran v. United States Ninth Circuit 2020-04-13 Denied Response WaivedIFP constitutional-rights fourth-amendment probable-cause reasonable-suspicion search-and-seizure traffic-stop unreasonable-searches unreasonable-searches-and-seizures vehicle-search Whether the Fourth Amendment's Right To Be Free From Unreasonable Searches And Seizures Requires Reversal When There Is No Evidence To Support Reasona…
19-8227 Joshua Dwayne Carrier v. Colorado Colorado 2020-04-09 Rehearing Response WaivedRelisted (2)IFP 4-year-old-transaction 4th-amendment 4th-amendment-violation constitutional-rights double-jeopardy expert-testimony fourth-amendment probable-cause search-warrant stale-information Was the search warrant for Mr. Carrier's home and computers relying on a single transaction from four years earlier based upon stale information and l…
19-1200 Johndrell Elliott v. Ohio Ohio 2020-04-08 Denied 4th-amendment dog-handler dog-sniff drug-offense drug-sniffing-dog fourth-amendment probable-cause rodriguez-standard rodriguez-v-us search-and-seizure traffic-stop warrantless-search Was the drug offense arrest based on the facts of the traffic stop and use of the drug-sniffing dog valid under Rodriguez v. U.S.?
19-8212 Santiago Soto-Garcia v. United States Eighth Circuit 2020-04-08 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights due-process law-enforcement probable-cause search-and-seizure traffic-stop witness-testimony Did the 8th Circuit Court of Appeals err in concluding that the mere presence or possession of guns/weapons seen in plain view and registered to the l…
19-8201 James R. Householder v. Pennsylvania Pennsylvania 2020-04-07 Denied IFP civil-rights criminal-procedure exigent-circumstances fourth-amendment probable-cause search-and-seizure Whether the petitioner's Fourth Amendment rights were violated when the police conducted a warrantless search of their home without exigent circumstan…
19-8181 Arkeem Hakim Jordan v. North Carolina Fourth Circuit 2020-04-03 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence-disclosure particularity probable-cause prosecutorial-misconduct search-and-seizure speedy-trial Whether the search warrant and the resulting constitutionally and sufficiently particularized, and whether the officers were allowed to use their disc…
19-8131 Dwayne B. Sheron v. United States Sixth Circuit 2020-03-30 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement police-powers probable-cause reasonable-suspicion search-and-seizure vehicle-search warrantless-search Whether a police officer can utter the 'magic words' 'I smelled an odor of marihuana' to justify a warrantless search based on a 'hunch'
19-8147 Romulo Murillo-Morales v. United States Second Circuit 2020-03-30 Denied Response WaivedIFP constitutional-rights criminal-procedure fourteenth-amendment fourth-amendment probable-cause search-and-seizure warrant-requirement Whether the petitioner's conviction is valid given the warrantless search and seizure in violation of the Fourth and Fourteenth Amendments?
19-8104 Juan Gonzalez-Arias v. United States First Circuit 2020-03-26 Denied Response WaivedIFP circuit-split constitutional-rights criminal-procedure drug-trafficking fourth-amendment home-search nexus probable-cause right-to-counsel search-warrant sixth-amendment Was there sufficient evidence of probable cause to establish a nexus between Mr. Gonzalez-Arias's drug trafficking activity and his home to justify se…
19-8097 Jay Eugene Reed v. United States Third Circuit 2020-03-24 Denied Response WaivedIFP appellate-review criminal-rule-52(b) criminal-rule-52b evidence-rule-103 expert-testimony forfeiture plain-error plain-error-review sentencing sentencing-procedure Whether the Court of Appeals erred in treating the evidentiary issue as forfeited and subject to only plain error review under Evidence Rule 103 and C…
19-1161 Justin Hawkins v. Ohio Ohio 2020-03-23 Denied Response Waived 4th-amendment civil-rights due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion stolen-vehicle traffic-stop vehicle-registration vehicle-search Whether a report that a car's color is different from the color listed on the car's registration—without any additional facts—gives a police officer r…
19-8069 Eric S. Newton, Jr. v. Ohio Ohio 2020-03-23 Denied IFP 4th-amendment cell-phone-search civil-rights constitutional-rights fourth-amendment jurisdiction law-enforcement-misconduct police-misconduct probable-cause search-and-seizure search-warrant Was the Ohio Supreme Court in error when it refused to accept jurisdiction over a matter that, like the instant petition, involves a substantial Const…
19-8050 Cuwan Merritt v. United States First Circuit 2020-03-20 Denied Response WaivedIFP 4th-amendment canine-sniff criminal-procedure de-facto-arrest law-enforcement probable-cause reasonable-articulable-suspicion reasonable-suspicion search-and-seizure Whether the level of corroboration and investigation required for reasonable articulable suspicion gives rise to a de facto arrest, which requires pro…
19-8014 Michael Artis v. United States First Circuit 2020-03-17 Denied Response WaivedIFP arrest criminal-activity criminal-conspiracy evidence-suppression fourth-amendment law-enforcement probable-cause search-and-seizure Whether the Fourth Amendment requires suppression of evidence where agents lacked probable cause to arrest two persons absent probable cause of crimin…
19-7983 Eric S. Newton, Jr. v. Ohio Ohio 2020-03-13 Denied IFP 4th-amendment affidavit cell-phone-search civil-rights constitutional-rights fourth-amendment fourth-amendment-rights law-enforcement-misconduct misidentification police-misconduct probable-cause reckless-disregard search-and-seizure search-warrant standing Was the Ohio Supreme Court in error when it refused to accept jurisdiction over a matter involving a violation of the petitioner's Fourth Amendment ri…
19-1112 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…
19-7939 Robert James Pope, Jr. v. Wisconsin Wisconsin 2020-03-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-rights constitutional-right constitutional-rights criminal-procedure effective-assistance-of-counsel forfeiture ineffective-assistance-of-counsel presumption-of-prejudice pro-se pro-se-appeal right-to-appeal sixth-amendment trial-counsel Where trial counsel's ineffectiveness in failing to initiate an appeal results in a defendant's loss of appellate rights, can the constitutional right…
19-7950 Daejerron L. Valentine v. Nebraska Nebraska 2020-03-10 Denied Response WaivedIFP 4th-amendment ambiguity automobile-exception conjunctive consistency criminal-procedure Did the removal of 'or' create ambiguity? disjunctive fourth-amendment Is a defendant entitled to consistent jury instruc jury-instructions jury-trial legislative-history possession probable-cause reasonableness reasonableness-standard scope-of-search search search-and-seizure search-scope statutory-interpretation warrant-requirement warrantless-search Did the warrantless search of an automobile exceed the scope of the automobile exception?
19-7828 Ronald Hayward v. Keith J. Foley, Warden Sixth Circuit 2020-03-02 Denied IFP 4th-amendment box-truck civil-rights constitutional-rights due-process fourth-amendment law-enforcement probable-cause racial-profiling search-and-seizure standing vehicle-search Do police officers have probable cause to search a vehicle or box truck without a warrant?
19-7848 Barton Joseph Adams v. United States Fourth Circuit 2020-03-02 Denied Response WaivedIFP binding-plea-agreement criminal-procedure criminal-procedure-rule-11-c-1-c criminal-procedure-rule-32-2-e-1-a district-court-misconduct due-process forfeiture plea-agreement property-forfeiture property-rights protective-order rule-11 rule-32.2 sealed-court-order sealing-orders sentencing sentencing-procedure Whether the lower court violated the mandatory requirements of Rule 32.2(e)(1)(A) and breached the Rule 11(c)(1)(C) binding sentence
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…
19-7682 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…
19-1020 Florence Bikundi v. United States District of Columbia 2020-02-14 Denied Response Waived burden-of-proof continuance district-court-discretion due-process ends-of-justice ends-of-justice-continuance forfeiture fraud fraud-conduct restitution sentencing sentencing-guidelines speedy-trial-act Whether a district court granting an ends-of-justice continuance under the Speedy Trial Act violates the requirement to set forth reasons
19-7656 Michael Huntoon v. United States Ninth Circuit 2020-02-12 Denied Response WaivedIFP 4th-amendment affidavit computer-privacy computer-search fourth-amendment franks-hearing magistrate probable-cause reasonable-expectation-of-privacy search-and-seizure search-warrant Whether the lower court can interpret the meaning of words to determine probable cause existed in a search warrant without the false information
19-7657 Marion L. Sherrod v. Sidney D. Harkelroad, et al. Fourth Circuit 2020-02-12 Denied Response WaivedIFP 8th-amendment civil-procedure civil-rights due-process exclusionary-rule fourth-amendment probable-cause qualified-immunity seizure seizure-disorder standing warrantless-search Whether the U.S. Court of Appeals committed a reversible error in dismissing Mr. Sherrod's pro se claims
19-7631 Regina Wolgamott v. United States Ninth Circuit 2020-02-11 Denied Response WaivedIFP 4th-amendment circuit-split civil-rights due-process fourth-amendment garrison-v-hudson law-enforcement privacy privacy-rights probable-cause residential-search search-and-seizure search-warrant standing If when executing a search warrant of a single-family residence, officers discover multiple occupants with their own private rooms, are officers requi…
19-7601 Craig K. Garrett v. Joseph Madder, et al. Ninth Circuit 2020-02-10 Denied IFP civil-rights constitutional-rights criminal-procedure digital-privacy due-process effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel law-enforcement probable-cause prosecutorial-misconduct public-defender right-to-counsel search-and-seizure state-attorney Can the state of Colorado remove a defendant's right to effective assistance of counsel (trial and appellate) and use of a public defender due to pros…
19-7592 John D. McAllister v. Timothy Malfitano, et al. Fourth Circuit 2020-02-07 Denied Relisted (2)IFP 4th-amendment civil-rights due-process fourth-amendment judicial-integrity jurisdiction jurisdictional-overreach law-enforcement-misconduct probable-cause search-and-seizure warrant-falsification Whether the Fourth Amendment was violated by the illegal arrest and search of the petitioner without probable cause
19-7610 Luciano Camberos-Villapuda v. United States Eighth Circuit 2020-02-07 Denied Response WaivedIFP automobile-exception collins-v-virginia curtilage Due-Process exigent-circumstances Expectation-of-Privacy fourth-amendment payton-v-new-york probable-cause Warrantless-Entry warrantless-search Whether exigent circumstances justified warrantless entry onto the curtilage and search of a vehicle under the automobile exception
19-991 Samson Primm v. United States Sixth Circuit 2020-02-07 Denied Response Waived 4th-amendment civil-rights criminal-procedure due-process fifth-amendment forfeiture forfeiture-case fourth-amendment search-and-seizure standing suppression-hearing Whether one who has the requisite standing to move to suppress based on contentions, which if validated show his Fourth Amendment rights were violated…
19-7522 Dedrick Matthews v. Louisiana Louisiana 2020-01-31 Denied Response WaivedIFP and whether the admission of blood test results w birchfield-precedent birchfield-v-north-dakota causation causation-analysis criminal-procedure fourth-amendment probable-cause search-and-seizure vehicular-homicide vehicular-negligence Was defendant's conduct a substantial factor in causing the victim's death or serious bodily injury, when the accident would have occurred without it?
19-7445 Maechel Shawn Patterson v. United States District Court for the Eastern District of North Carolina Fourth Circuit 2020-01-28 Denied IFP civil-rights constitutional-law constitutional-rights criminal-procedure deportation due-process habeas-corpus law-enforcement pro-se probable-cause search-and-seizure standing warrantless-search Are all stale prisoners being unlawfully held, where the evidence used to convict them involved state department officials from one county searching a…
19-7419 Timothy Shayne Hardin, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-01-27 Denied IFP appeals arrest charge civil-rights community-supervision constitutional-rights criminal-procedure criminal-procedure-due-process dismissal due-process evidence-suppression fourth-amendment probable-cause probation revocation search-and-seizure sentencing Whether the trial court abused its authority by revoking a community supervision because of a new honest mistake charge which was ultimately dismissed…
19-7416 James P. Griffin v. United States Second Circuit 2020-01-24 Denied Response WaivedIFP abuse-of-discretion calculation-error civil-procedure continuance criminal-procedure due-process fifth-amendment financial-penalties forfeiture medical-hardship medical-issues restitution restitution-calculation sentencing sixth-amendment trial-continuance trial-court trial-court-discretion Whether the amount of restitution and forfeiture w Whether the trial court abused its discretion in denying a continuance due to medical problems
19-928 Kenneth Fernandez Johnson, Jr. v. Sadie Darnell, Sheriff, Alachua County, Florida, et al. Eleventh Circuit 2020-01-24 Denied Response Waived 42-usc-1983 civil-rights-statute due-process false-arrest false-imprisonment favorable-termination fourteenth-amendment fourth-amendment malicious-prosecution probable-cause Whether the Fourth Amendment and Fourteenth Amendment rights were violated due to false arrest, false imprisonment, and malicious prosecution under 42…
19-7376 Alice C. Trappler v. New York New York 2020-01-22 Denied Response WaivedIFP burden-of-proof confrontation-clause conspiracy criminal-defendant criminal-procedure due-process forfeiture hearsay hearsay-exception legal-insufficiency sixth-amendment waiver Whether the automatic waiver and permanent forfeiture of legal insufficiency claims due to trial counsel's failure to move to dismiss on those grounds…
19-7378 Octavio Diaz v. San Bernardino County, California, et al. California 2020-01-22 Denied IFP 2nd-amendment brady-v-maryland brady-violation circuit-conflict civil-rights civil-rights-violation discriminatory-arrest due-process free-speech manuel-v-city-of-joliet probable-cause second-amendment self-defense Was the California Court of Appeal in conflict with other circuits on the issue of probable cause and Second Amendment rights?
19-7225 Michael Lara Salas v. N. Vazquez, Warden Fifth Circuit 2020-01-13 Denied Response WaivedIFP civil-procedure-issues constitutional-provisions due-process factual-background police-report standing 4th-amendment civil-rights due-process exigent-circumstances probable-cause search-and-seizure Whether the petitioner's constitutional rights were violated when the police conducted a warrantless search of their home and seized personal property…
19-7221 Anthony Gray v. United States Ninth Circuit 2020-01-09 Denied Response WaivedIFP 4th-amendment 4th-amendment,probable-cause,search-and-seizure,ma marijuana probable-cause recreational-marijuana search-and-seizure vehicle-search Does the faint smell of marijuana in a car, alone, give local police probable cause to search the car for contraband under the Fourth Amendment?
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…
19-7213 Rodney Banks v. California California 2020-01-08 Denied IFP 4th-amendment 5th-amendment arrest constitutional-rights criminal-procedure due-process evidence fourth-amendment law-enforcement miranda-rights probable-cause search-and-seizure Whether the arresting officer failed to read the petitioner their Miranda rights and used the wrong evidence for deliberation
19-7164 Dominic Howard v. United States Fifth Circuit 2020-01-06 Denied Response WaivedIFP criminal-procedure due-process exclusionary-rule fifth-circuit fourth-amendment in-forma-pauperis ineffective-assistance-of-counsel judicial-review pro-se probable-cause search-and-seizure sentencing standing writ-of-certiorari Whether the Fifth Circuit erred in affirming the district court's denial of Petitioner's motion to suppress evidence obtained in violation of the Four…
19-7171 Samuel Turner v. United States Eighth Circuit 2020-01-06 Denied Response WaivedIFP arrest civil-rights conviction-and-sentence criminal-procedure criminal-procedure-4th-amendment-search-and-seizur drug-possession due-process exculpatory-evidence fourth-amendment fourth-amendment-search-and-seizure investigative-reports police-conduct probable-cause search-and-seizure subpoena-duces-tecum supervisory-power Whether the lower courts erred by upholding the arrest of Mr. Turner?
19-7129 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…
19-7096 David Lee Smith v. Rick Jackson Fourth Circuit 2019-12-30 Denied Response WaivedRelisted (2)IFP civil-rights criminal-evidence criminal-procedure due-process evidence evidentiary-standard fingerprint fingerprint-analysis jury jury-confusion probable-cause standing wrongful-conviction Whether petitioner is entitled to a remand with instructions for the district court to order the case dismissed with prejudice because the prosecution…
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…
19-797 City of St. Louis, Missouri, et al. v. Mary R. Meier Eighth Circuit 2019-12-23 Denied 14th-amendment 42-usc-1983 4th-amendment civil-rights fourteenth-amendment fourth-amendment municipal-liability probable-cause section-1983 seizure wanted-bulletin warrantless-seizure Whether a municipality can be held liable under 42 U.S.C. §1983 for a warrantless seizure of an automobile based on probable cause
19-7037 Shannon Bradley v. Thomas A. Cox, Jr. Georgia 2019-12-20 Denied Response WaivedIFP 4th-amendment arrest-procedure civil-rights constitutional-rights due-process evidence evidence-suppression exclusionary-rule jurisdiction probable-cause search-and-seizure trial-court-jurisdiction unlawful-search unlawful-seizure Whether the trial court lawfully obtained its jurisdiction to be heard?
19-794 Daniel Macias, et al. v. Raymond Nichols, et al. Ninth Circuit 2019-12-20 Denied Response RequestedResponse WaivedRelisted (2) circuit-split civil-dispute civil-procedure civil-rights district-of-columbia-v-wesby fourth-amendment law-enforcement ninth-circuit probable-cause qualified-immunity section-1983 wesby Whether the Ninth Circuit departed from this Court's qualified immunity decisions
19-7020 Nahach Garay v. United States Ninth Circuit 2019-12-19 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure fourth-amendment inventory-search law-enforcement probable-cause search-and-seizure training-and-experience warrant warrantless-search Whether a purported inventory search that produces no inventory can justify the warrantless search of an automobile
19-6969 Leviticus A. Swift v. Georgia Georgia 2019-12-18 Denied IFP 4th-amendment arrest-warrant civil-rights constitutional-rights criminal-procedure criminal-trial due-process exclusionary-rule fourth-amendment indictment probable-cause search-and-seizure Whether the probable cause for the issuance of an arrest warrant was insufficient to justify the petitioner's arrest?
19-6990 King Bush v. Kannika Say Michigan 2019-12-18 Denied IFP benefits civil-rights confidential-informant criminal-procedure due-process false-documents fourth-amendment fraud green-card immigration immigration-fraud law-enforcement marriage money-laundering probable-cause search-and-seizure Whether the marriage based on immigration fraud should be voided
19-7006 Alvin Andrae Drummond v. United States Fourth Circuit 2019-12-18 Denied Response WaivedIFP 4th-amendment armed-career-criminal-act criminal-sentencing misdemeanor-crime-of-violence physical-force predicate-offense probable-cause search-warrant statutory-interpretation violent-crime Whether a misdemeanor crime of violence, not aggravated by any additional force, can properly meet the elements of an Armed Career Criminal Act predic…
19-6963 Roland A. Prenatt v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-12-17 Denied Relisted (2)IFP 6th-amendment attorney-accountability civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment mental-health probable-cause search-and-seizure sixth-amendment-speedy-trial,due-process,right-to- speedy-trial Whether the Sixth Amendment of the U.S. Constitution guarantees the accused the right to a speedy trial, and why the judge and attorney can waive this…
19-6922 Charles Edward Bates v. United States Sixth Circuit 2019-12-13 Denied IFP 8th-amendment civil-rights constitutional-interpretation criminal-procedure double-jeopardy due-process eighth-amendment excessive-fines excessive-punishment forfeiture sentencing Whether the lower courts erred in their interpretation of the Eighth Amendment prohibition on excessive fines and punishments as the forfeiture amount…
19-6890 Kevin Lamont Pearson v. United States Tenth Circuit 2019-12-10 Denied Response WaivedIFP district-court due-process federal-rules-of-criminal-procedure final-revocation-hearing magistrate-judge probable-cause procedural-review revocation-hearing rule-32.1 standing Does the plain text of Rule 32.1 of the Federal Rules of Criminal Procedure bar a district court from considering an alleged violation at a final revo…
19-6887 In Re Brad K. Edmonds 2019-12-09 Denied Relisted (2)IFP 4th-amendment 4th-circuit carpenter-v-united-states civil-rights criminal-procedure due-process fourth-amendment gps-tracking probable-cause retroactivity search search-and-seizure suppression warrantless-search Whether the Fourth Amendment prohibits warrantless GPS tracking of a vehicle, and whether the retroactive application of the Supreme Court's decision …
19-6816 Michael J. Warner, II v. Maine Maine 2019-12-03 Denied Response WaivedIFP affidavit burglary cell-phone-data criminal-evidence nexus nexus-requirement probable-cause search-warrant Whether an affidavit in support of a search warrant that contains neither specific allegations that a burglary suspect's cell phone data contain evide…
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…
19-6766 Miles Barton Nichols v. United States Ninth Circuit 2019-11-27 Denied Response WaivedIFP fourth-amendment fourth-amendment-search-and-seizure franks-hearing franks-v-delaware informant-credibility law-enforcement-procedure material-omissions probable-cause recklessness search-warrant Whether a finding of recklessness should be inferred where omissions are critical to probable cause
19-6753 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…
19-6698 Amon Rweyemamu Mtaza v. United States Fifth Circuit 2019-11-20 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights conflict-of-interest due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel involuntary-consent plain-view-doctrine probable-cause search-and-seizure sixth-amendment venue-defense wire-fraud Whether the petitioner's Fourth Amendment rights were violated by an unlawful arrest, unlawful search and seizure, and involuntary coerced consent
19-6603 Dijon Rasheed Brown v. United States Eighth Circuit 2019-11-13 Denied Response WaivedIFP 4th-amendment anticipatory-warrant controlled-delivery drug-possession fourth-amendment jury-selection probable-cause search-and-seizure standing Whether the Fourth Amendment tolerates the mere placing of a package containing drugs on a person's property, then executing the warrant when any pers…
19-6578 John Garrett Smith v. Washington Washington 2019-11-12 Denied Relisted (2)IFP civil-rights criminal-procedure due-process judicial-review jurisdiction probable-cause standing Whether the lower court erred in its interpretation of the relevant constitutional and statutory provisions
19-6585 Gelu Topa v. Almonte Kerbs, et al. Eleventh Circuit 2019-11-12 Denied IFP arrest arrest-procedure civil-rights constitutional-rights due-process law-enforcement-conduct miranda-rights police-misconduct probable-cause public-defender subpoena video-evidence Why was there no video of the arrest/incident?
19-6587 Jose Joel Helguera-Del Rio v. United States Ninth Circuit 2019-11-12 Denied Response WaivedIFP criminal-procedure evidence evidence-law fourth-amendment plain-view-doctrine probable-cause search-and-seizure traffic-stop Does an officer's seizure of an object only after crouching down, carefully examining it for several seconds, and obtaining another officer's second o…
19-6522 William Smith v. Texas Texas 2019-11-07 Denied IFP blood-draw constitutional-challenge criminal-procedure fourth-amendment fourth-amendment-interpretation mandatory-blood-draw missouri-v-mcneely probable-cause public-safety search-and-seizure texas-transportation-code warrantless-search Was the Texas Department of Public Safety Troopers' mandatory blood draw constitutional under the Fourth Amendment as interpreted by Missouri v. McNee…
19-553 Moussa Diarra v. City of New York, New York Second Circuit 2019-10-29 Denied Response WaivedRelisted (2) 42-usc-1983 civil-rights due-process judicial-bias monell-claim monell-liability police-procedure probable-cause substantive-due-process summary-judgment Is the Second Circuit's refusal to apply the 'totality of circumstances' test for probable cause in a Monell suit constitutional?
19-540 Andre Jenkins v. City of Cleveland, Ohio Ohio 2019-10-24 Denied Response Waived civil-procedure civil-rights concurrent-jurisdiction criminal-procedure due-process forfeiture forfeiture-procedure in-rem-jurisdiction property-rights seizure standing warrantless-seizure Whether the warrantless seizure of money for forfeiture can be justified
19-541 Michael Lambert v. Estate of Kevin Brown, by its Successor in Interest Rebecca Brown, et al. Ninth Circuit 2019-10-24 Denied cold-case criminal-investigation criminal-procedure dna-evidence exigent-circumstances false-statements fourth-amendment fourth-amendment-violations murder-case probable-cause search-and-seizure search-warrant third-party Whether the Fourth Amendment requires a warrant to search a home based on probable cause and exigent circumstances when the home is owned by a third p…
19-6343 Antoine Richmond v. United States Seventh Circuit 2019-10-23 Denied IFP 4th-amendment criminal-procedure felon-in-possession fourth-amendment home-entry home-privacy probable-cause reasonable-suspicion search-and-seizure warrantless-search Did law enforcement's suspicion that a firearm would be found just inside the threshold of the home justify their search?
19-513 Aivaras Mardosas v. Florida Florida 2019-10-21 Denied Response Waived bare-bones-affidavit collective-knowledge-doctrine fellow-officer-rule fourth-amendment probable-cause search-warrant suppression-of-evidence Whether the 'fellow officer rule' can justify a search warrant with flawed probable cause
19-6319 Antonio Bogan v. Jeffrey German, et al. Seventh Circuit 2019-10-21 Denied IFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement owner-knowledge probable-cause stare-decisis vehicle-seizure warrantless-search Whether probable cause to effect a warrantless seizure of a vehicle is equivalent to officers' knowledge of an arrestee being its owner?
19-494 David Zachary Morgan v. Washington Washington 2019-10-17 Denied Amici (3)Response RequestedRelisted (2) 4th-amendment civil-procedure civil-rights due-process fourth-amendment government-search plain-view-doctrine plain-view-exception probable-cause property-seizure search-and-seizure warrant-requirement Whether a government official who would like to seize someone's personal property, and has both probable cause and the time to obtain a warrant, must …
19-6267 Michael E. Goynes, Jr. v. Nebraska Nebraska 2019-10-15 Denied Response WaivedRelisted (2)IFP 4th-amendment affidavit cell-phone cell-phone-privacy crime-investigation criminal-investigation fourth-amendment nexus probable-cause search search-and-seizure search-warrant warrant-requirement Whether the Fourth Amendment prohibits the search of the content of a suspect's cell phone when the affidavit in support of the search provides no nex…
19-6202 Manuel Rodriguez-Santana v. United States First Circuit 2019-10-10 Denied Response WaivedRelisted (2)IFP affidavit constitutional-procedure criminal-complaint criminal-procedure federal-rules-of-criminal-procedure fifth-amendment fourth-amendment magistrate magistrate-review probable-cause Whether the District Court Violated the Fourth and Fifth Amendment; Federal Rule Criminal Procedure
19-6241 Elfred William Petruk v. United States Eighth Circuit 2019-10-10 Denied Response WaivedIFP confidential-informant confidential-informants drug-evidence eighth-circuit fourth-amendment gps-tracking gps-tracking-warrants illinois-v-gates probable-cause search-warrant stale-information Did the Eighth Circuit erroneously rule, in conflict with this Court's decision in Illinois v. Gates, that the search warrant for a Chrysler vehicle a…
19-6185 Aaron Lee Smiley v. United States Fourth Circuit 2019-10-07 Denied Response WaivedRelisted (2)IFP appellate-review civil-rights coercion constitutional-rights due-process forfeiture home-forfeiture ineffective-assistance ineffective-assistance-of-counsel plea-agreement standing Does a plea agreement need to pass constitutional muster before it waives a person's right to challenge on appeal the forfeiture of his or her home?
19-6187 Jon Kaiser v. United States Ninth Circuit 2019-10-07 Denied Response WaivedIFP affiant-misconduct affidavit child-pornography civil-rights due-process fourth-amendment judicial-review lascivious-exhibition magistrate-judge probable-cause search-and-seizure search-warrant Whether an intentional or reckless omission of purported child pornography images from a search warrant application undermines a finding of probable c…
19-6109 James Abraham Mata v. United States Fifth Circuit 2019-10-01 Denied Response WaivedIFP 28-usc-2255 district-court-judgment federal-prisoner federal-statutory-provisions habeas-corpus record-silence retroactive-decision second-or-successive-motion statutory-provision successive-motion unconstitutional unconstitutional-provision unconstitutional-statute When seeking relief under a retroactive decision invalidating a federal statutory provision as unconstitutional, what must a federal prisoner show in …
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…
19-384 Harmon L. Taylor v. City of Sherman, Texas, et al. Fifth Circuit 2019-09-23 Denied Response Waived civil-rights compelled-commerce compelled-consent consent-doctrine due-process fourth-amendment illegal-seizure probable-cause seizure transfer-of-venue transportation-code vehicle-definition Question not identified
19-5972 Dimitri Bernard Robinson v. Michigan Michigan 2019-09-18 Denied Relisted (2)IFP 4th-amendment appellate-review civil-rights federal-courts jurisdiction pen-register petition privacy probable-cause supreme-court trap-and-trace writ-of-certiorari Was petitioner's Fourth Amendment right to privacy and protection violated without probable cause, when law enforcement obtained an unreasonable order…
19-5915 Steven J. Varnauskas v. Illinois Illinois 2019-09-11 Denied IFP 4th-amendment civil-rights constitutional-rights due-process fourth-amendment license-plate probable-cause search-and-seizure traffic-violation vehicle-impoundment vehicle-search warrantless-search Whether a bicycle rack attached to the rear of a vehicle was stowed accordingly and correctly to the manufacturer's instructions and does not obscure …
19-5886 Arthur O. Armstrong v. North Carolina, et al. Fourth Circuit 2019-09-10 Dismissed IFP civil-procedure civil-procedure-rule-60-b-6 conspiracy constitutional-rights due-process federal-rules-of-civil-procedure fourteenth-amendment fourth-amendment liberty probable-cause property rule-60 Whether Petitioner is entitled to relief, pursuant to Rule 60 (b)(6) of the Federal Rules of Civil Procedure
19-5887 Arthur O. Armstrong v. John Doe Fourth Circuit 2019-09-10 Dismissed IFP civil-procedure civil-procedure-rule-60-b-6 conspiracy constitutional-rights disclosure-of-corporate-affiliation due-process fourteenth-amendment fourth-amendment liberty probable-cause property rule-60 standing Whether Petitioner is entitled to relief, pursuant to Rule 60 (b)(6) of the Federal Rules of Civil Procedure
19-5774 Patrick O. Neiss v. Montana Montana 2019-09-05 Denied Response WaivedIFP burden-of-proof circumstantial-evidence constitutional-rights due-process fourth-amendment holland-v-united-states jury-instruction jury-instructions net-worth-prosecution particularity presumption-of-innocence probable-cause reasonable-doubt search-and-seizure Should this lack of clarity be resolved by this Court?
19-5815 Antonio Demetrius Parker v. Virginia Virginia 2019-09-05 Denied Response WaivedIFP civil-rights constitutional-rights conviction criminal-procedure due-process exculpatory-evidence false-imprisonment jurisdiction probable-cause search-and-seizure standing warrant-requirement Did the Supreme court of Virginia err when it determined that the circuit court didn't have the jurisdiction to give the petitioner the relief sought …
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?
19-278 Pfizer Inc., et al. v. Superior Court of California, County of Los Angeles, et al. California 2019-09-03 Denied Amici (1) bristol-myers-squibb civil-procedure due-process federal-courts federal-law forfeiture jurisdiction personal-jurisdiction subject-matter-jurisdiction Whether a defendant's efforts to establish federal subject matter jurisdiction can result in forfeiture of an otherwise fully preserved challenge to p…
19-279 Shirley Johnson v. New Destiny Christian Center Church, Inc., et al. Eleventh Circuit 2019-09-03 Denied advice-of-counsel civil-procedure civil-rights due-process evidence evidence-alteration evidence-tampering fourteenth-amendment judicial-misconduct malicious-prosecution probable-cause whether-due-process-clause-permits-judgment-to-stand-when-court-altered-evidence
19-5782 Tyrone Dexter Christian v. United States Sixth Circuit 2019-09-03 Denied Response WaivedIFP criminal-activity criminal-procedure exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant totality-of-the-circumstances vague-affidavit vague-and-conclusory Whether the lower court erred in finding probable cause to search petitioner's home when the court viewed the search warrant affidavit as a whole and …
19-5795 Jacob D. Lickers v. United States Seventh Circuit 2019-09-03 Denied Response WaivedIFP circuit-court-conflict circuit-split exclusionary-rule federal-search-warrant fourth-amendment fourth-amendment-violation good-faith-exception probable-cause search-warrant Whether the good faith exception to the exclusionary rule applies when an affidavit supporting a search warrant had been tainted by evidence obtained …
19-272 Willie Lee Cooks v. United States Eleventh Circuit 2019-08-30 Denied Response Waived emergency-aid-exception exigent-circumstances fourth-amendment home-entry home-privacy home-search probable-cause reasonable-belief warrant-requirement warrantless-search Whether the emergency-aid exception permits a warrantless, nonconsensual search of a private home based upon officers' inability to 'rule out the poss…
19-5606 Ndokley Peter Enow v. Ricky Foxwell, Warden, et al. Fourth Circuit 2019-08-23 Denied Response WaivedRelisted (2)IFP 4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence exclusionary-rule fourth-amendment plea-bargaining probable-cause search-and-seizure sentencing standing Did the trial court err by admitting into evidence the illegally obtained wiretap recordings of the defendant's phone conversations with an undercover…
19-5689 Benjamin Oshea Calhoun v. Tony Villa, et al. Fifth Circuit 2019-08-23 Denied Response WaivedIFP civil-procedure civil-procedure-12b6 civil-rights due-process false-statements federal-rules-of-civil-procedure federal-rules-of-evidence judicial-recusal judicial-supervision legal-authority motion-to-dismiss probable-cause standing warrantless-arrest Whether the Appellant court's ruling to uphold the District Court's order which granted defendants' motions to dismiss conflicts with the Supreme Cour…
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
19-202 Solomon McLemore v. City of Shoreline, Washington Washington 2019-08-16 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights community-caretaking due-process fourth-amendment free-speech obstruction obstruction-of-justice probable-cause search-and-seizure warrant-requirement warrantless-entry warrantless-search Whether it is a violation of the Fourth Amendment for States to charge and convict a person of obstruction for passively refusing to open the door to …
19-5596 Eric T. Latham v. United States Sixth Circuit 2019-08-15 Denied Relisted (2)IFP 4th-amendment arizona-v-gant civil-rights criminal-procedure evidence fourth-amendment minor-traffic-offense probable-cause search-incident-to-arrest traffic-offense vehicle-search Whether the search incident to arrest exception permits police officers to conduct a search based on probable cause for a minor traffic offense and bo…
19-5602 Kirk Wayne McBride, Sr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-08-15 Denied IFP administrative-agency administrative-law civil-rights constitutional-rights criminal-procedure declaratory-relief due-process exclusionary-rule exhaustion-of-remedies federal-jurisdiction fourth-amendment habeas-corpus probable-cause search-and-seizure standing Whether the court of appeals erred by concluding that the petitioner's federal habeas corpus claim under 28 U.S.C. Section 2241 rather than under Titl…
19-188 Ikechukwu Hyginus Okorie v. Virginia M. Crawford, et al. Fifth Circuit 2019-08-13 Denied administrative-search arrest arrest-without-probable-cause detention detention-standards fourth-amendment fourth-amendment-violation law-enforcement-conduct probable-cause qualified-immunity search-warrant standard-of-review tolan-v-cotton Whether the allegations establish a Fourth Amendment violation and qualified immunity defense
19-5582 Tuan Duc Lam v. United States Ninth Circuit 2019-08-13 Denied IFP circuit-split custodial-detention fourth-amendment knowles-v-iowa ninth-circuit probable-cause search-incident-to-arrest terry-stop terry-v-ohio warrantless-search Can a warrantless search of a person be 'incident to arrest' where, at the time of the search, no arrest has occurred, and the objective evidence fail…
19-5484 Geoff Edwin Murphy v. Debbie Asuncion, Warden Ninth Circuit 2019-08-07 Denied IFP attempted-homicide constitutional-rights criminal-procedure discrimination due-process federal-claims forfeiture jury-instructions legal-procedure state-court-rule state-trial-court Whether the state trial court deprived the petitioner of his right to due process by instructing the jury on justifiable attempted homicide
19-156 Diego Baldemar Islas v. Texas Texas 2019-08-02 Denied Response RequestedRelisted (2) blood-seizure fourth-amendment franks-v-delaware misleading-by-commission misleading-by-omission probable-cause schmerber-v-california search-and-seizure warrant-requirements Does the holding of Franks v. Delaware forbid misleading by omission as well as misleading by commission?
19-5431 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?
19-5414 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…
19-5347 Joshua Frederick Davis v. United States Fourth Circuit 2019-07-26 Denied Response WaivedIFP 4th-amendment civil-rights dog-sniff due-process probable-cause reasonable-suspicion search-and-seizure terry-stop traffic-stop Whether the Court should revisit Florida v. Harris to clarify what the dog's 'alert' means and whether the dog is trained to display an alert for any …
19-5326 Sean Frederik Franke v. Florida Florida 2019-07-25 Denied Response WaivedIFP 4th-amendment blood-draw blood-extraction civil-rights drunk-driving due-process exigent-circumstances fourth-amendment missouri-v-mcneely probable-cause warrant-requirement warrantless-search Whether the Court should resolve the question of whether law enforcement officers can rely on the exigent circumstance exception to the Fourth Amendme…
19-5343 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…
19-5286 Adam Patton v. Arkansas Arkansas 2019-07-23 Denied Response WaivedIFP constitutional-rights criminal-defendant criminal-procedure due-process forfeiture right-to-counsel sixth-amendment waiver Whether a criminal defendant, who has not knowingly and intelligently waived his Sixth Amendment right to counsel and who clearly requests the assista…
19-88 Wadith Stockinger Nader, et ux. v. City of Papillion, Nebraska, et al. Eighth Circuit 2019-07-17 Denied Response Waived absolute-immunity eighth-circuit fourth-amendment law-enforcement probable-cause prosecutorial-immunity search-and-seizure totality-of-circumstances totality-of-the-circumstances Can an unverified tip constitute probable cause for arrest?
19-5180 Lesa L. Chaney v. United States Sixth Circuit 2019-07-16 Denied Response WaivedIFP civil-rights fourth-amendment fourth-amendment-violation government-agents probable-cause search-and-seizure unreasonable-search warrant Whether a generally worded warrant permitting government agents to rummage through and seize papers, documents and records for which no probable cause…
19-5181 Lamar Johnson v. United States Ninth Circuit 2019-07-16 GVR IFP arrest-procedure circuit-split custodial-arrest felon-in-possession fourth-amendment probable-cause rehaif-v-united-states search-incident-exception search-incident-to-arrest warrantless-search Whether a warrantless search may be upheld under the search-incident-to-arrest exception when the search precedes the arrest
19-5173 Johnny Kirkland v. Huntington Ingalls, Incorporated Fifth Circuit 2019-07-15 Denied Relisted (2)IFP civil-procedure civil-rights digital-privacy due-process electronic-device fourth-amendment patent probable-cause standing takings unreasonable-search warrantless-search Whether Hunks nian 'EM As Kncocpyehion Was Ned h\\igence Under Nesse\\ Quoner +
19-5131 Steven L. Rackley v. Brigham Sloan, Warden Sixth Circuit 2019-07-10 Denied Response WaivedIFP actual-innocence constitutional-rights dismissal due-process fifth-amendment fourth-amendment guilty-plea habeas-corpus ineffective-assistance-of-counsel ineffective-counsel involuntary-manslaughter notice post-indictment-delay probable-cause sixth-amendment statute-of-limitations statute-of-limitations
19-5122 David Alan Westerfield v. California California 2019-07-09 Denied IFP capital-trial de-novo-review due-process due-process-review fourth-amendment independent-review jury-sequestration polygraph-evidence pretrial-publicity probable-cause sheppard-v-maxwell standard-of-review Does the mandate announced in Sheppard v. Maxwell apply to the appellate assessment of the trial court's rejection of jury sequestration?
19-5035 Calvin James v. United States Eleventh Circuit 2019-07-02 Denied Response WaivedIFP 4th-amendment civil-rights due-process evidence probable-cause search-and-seizure search-warrant standing trial witness Do officers need consent to search private property without a search warrant?
18-9785 Wayne A. Hussar, II v. James C. Reynolds, et al. Ninth Circuit 2019-06-25 Denied IFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection fourth-amendment probable-cause prosecutorial-misconduct search-and-seizure self-defense sentencing standing warrantless-search Whether the petitioner's due process and equal protection rights were violated when the state court dismissed his criminal case despite evidence of se…
18-9788 Sarah Denise Cardwell v. South Carolina South Carolina 2019-06-25 Denied Response WaivedIFP computer-search evidence-seizure fourth-amendment inevitable-discovery plain-view-doctrine probable-cause search-and-seizure warrant warrant-requirement warrantless-search Whether the Supreme Court of South Carolina erred in applying a standard of 'more likely than not' in concluding under the Fourth Amendment's plain vi…
18-1573 Zsolt Petko, et al. v. Carelton Courtyard Texas 2019-06-25 Denied Relisted (2) burden-of-proof civil-procedure civil-rights due-process justice-of-peace justice-of-the-peace legal-action probable-cause property-rights texas-law texas-rules-of-civil-procedure towing towing-law Does towing a person's car constitute a legal action?
18-1577 Pennsylvania v. Edward Adams Pennsylvania 2019-06-25 Denied Response RequestedResponse WaivedRelisted (3) 4th-amendment 4th-amendment-law civil-rights conflict-with-other-jurisdictions fourth-amendment investigative-detention law-enforcement-encounter pennsylvania-supreme-court probable-cause reasonable-suspicion seizure terry-stop traffic-stop Whether the Pennsylvania Supreme Court erred in finding that Adams was subjected to an unreasonable seizure in violation of the 4th Amendment
18-9775 Dustin Washington v. United States Fourth Circuit 2019-06-24 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure drug-weight forfeiture fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure search-warrant sentencing-error standard-of-review sufficiency-of-evidence Whether the Fourth Circuit erred in failing to find that the trial court erred in denying Mr. Washington's motion to suppress the search of the BMW
18-9756 Hector Guadalupe Lozano v. United States Fifth Circuit 2019-06-21 Denied Response WaivedIFP 4th-amendment civil-rights drug-dog fourth-amendment law-enforcement lawful-possession odor-detection probable-cause reasonable-suspicion search-and-seizure Whether a drug dog's alert, standing alone, is sufficient to establish probable cause to search when the dog is known to react to the odor of a substa…
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…
18-9708 Brad Smith v. United States First Circuit 2019-06-18 Denied Response WaivedIFP attenuation-doctrine brown-v-illinois consent-search consent-to-search curtilage exclusionary-rule fourth-amendment probable-cause Was petitioner's consent to search following law enforcement agents' unconstitutional entry into the curtilage of his home sufficiently attenuated fro…
18-9655 Sylvester Ekwunife v. City of Philadelphia, Pennsylvania, et al. Third Circuit 2019-06-17 Denied Response WaivedRelisted (2)IFP 4th-amendment affidavit affidavit-accuracy civil-rights constitutional-procedure criminal-procedure detective-misconduct fourth-amendment groh-v-ramirez probable-cause warrant warrant-preparation Whether the dictates of Groh v. Ramirez were violated when the Detective in this case did not have all the correct facts when preparing a probable cau…
18-9694 Oliver Douce v. New York New York 2019-06-17 Denied Response WaivedIFP 1st-amendment 4th-amendment 5th-amendment civil-rights constitutional-rights false-arrest fifth-amendment fifth-amendment-self-incrimination first-amendment-free-speech fourth-amendment fourth-amendment-search-and-seizure illegal-arrest illegal-search jurisdiction probable-cause search-and-seizure standing Whether fingerprints obtained from John Doe appellant should have been excluded from evidence as the product of false arrest and illegal search under …
18-9606 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
18-9612 Gregory Rayford v. Illinois Illinois 2019-06-11 Denied Response WaivedIFP appeal civil-rights criminal-procedure due-process evidence exclusionary-rule probable-cause search-and-seizure sentencing Whether the Illinois state court erred in denying the petitioner's motion to suppress evidence obtained in violation of the Fourth Amendment
18-1524 Michelle MacDonald Shimota, et vir v. Bob Wegner, et al. Eighth Circuit 2019-06-07 Denied Response Waived 42-usc-1983 civil-rights constitutional-rights due-process first-amendment free-speech probable-cause retaliation retaliatory-arrest retaliatory-prosecution Does the district court's dismissal of claims, including First Amendment retaliatory-arrest and prosecution under 42 U.S.C. § 1983 based on probable c…
18-9584 William Earl Miller v. Arizona Arizona 2019-06-07 Denied Response WaivedIFP civil-procedure due-process fifth-amendment forfeiture fourteenth-amendment statutory-interpretation subject-matter-jurisdiction Whether Arizona Revised Statutes, section 13-2313, violates the due process clause under the Fifth and Fourteenth Amendments
18-9515 Brandon Christopher Pierre v. United States Fifth Circuit 2019-06-06 Denied Response WaivedIFP civil-rights color-of-law constitutional-rights conviction-and-sentencing criminal-procedure due-process false-arrest false-imprisonment federal-jurisdiction malicious-prosecution probable-cause Under what circumstances can a federal court falsely and wrongfully indict, arrest, imprison, convict, and sentence an individual under the 'color of …
18-9561 In Re Benny Stewart 2019-06-06 Denied Relisted (2)IFP constitutional-procedure due-process due-process,recusal,probable-cause,felony-prosecut felony-prosecution information judge-recusal judicial-bias judicial-recusal probable-cause prosecutorial-discretion recusal state-law Whether the potential for bias and lack of impartiality when a judge makes probable cause determinations and presides over all proceedings in a felony…
18-9565 Casey Stoermer v. Ohio Ohio 2019-06-06 Denied Response WaivedIFP consent drug-possession exigent-circumstances fourteenth-amendment fourth-amendment probable-cause search-and-seizure search-warrant sentencing-enhancement warrantless-search Whether the warrantless search of Stoermer's apartment was justified despite the lack of exigent circumstances
18-9553 Marvin Eugene Jones v. California California 2019-06-05 Denied IFP 4th-amendment civil-rights constitutional-provisions due-process jurisdiction probable-cause qualified-immunity search-and-seizure standing statutory-provisions Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures
18-1510 Fredesvindo Rodriguez-Garcia v. Fior Pichardo de Veloz, et al. Eleventh Circuit 2019-06-04 Denied civil-procedure civil-rights constitutional-rights detention-facility due-process forfeiture gender-identification gender-identity medical-examination medical-treatment procedural-error qualified-immunity Whether the court of appeals erred in denying qualified immunity to Dr. Rodriguez-Garcia without identifying precedent clearly establishing the violat…
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?
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 Is the use by the prosecutor of a 'probable cause affidavit' containing averments contradictory to the alleged victim's own sworn statement to charge …
18-9483 Brian Alford v. Dwight Neven, Warden, et al. Ninth Circuit 2019-05-30 Denied IFP burglary burglary-allegation constitutional-law criminal-law criminal-procedure due-process felony-murder legal-sufficiency probable-cause prosecution-standard sufficiency-of-evidence Whether it is permissible for a state criminal court to predicate felony murder liability on an allegation of burglary that lacks sufficient bases in …
18-1478 Ryan Lawrence Steck v. Maryland Maryland 2019-05-28 Denied Response Waived 4th-amendment drug-dog-search drug-sniffing-dog fourth-amendment law-enforcement-procedure police-investigation police-procedure probable-cause reasonable-suspicion search search-and-seizure vehicle-search Does an indication of a drug-sniffing dog being 'in odor' without an alert provide probable cause for a search?
18-9422 Davaus L. McCown v. United States Eleventh Circuit 2019-05-24 Denied Response WaivedIFP 4th-amendment controlled-buys criminal-pattern criminal-procedure drug-crimes drug-enterprise drug-sales fourth-amendment ongoing-activity ongoing-criminal-activity probable-cause probable-cause-search search-and-seizure search-warrant stale-information Whether two police-orchestrated, controlled buys demonstrate an ongoing pattern of drug sales sufficient to support probable cause for an otherwise-st…
18-9393 Tarell McIlwain v. United States Second Circuit 2019-05-23 Denied IFP 2nd-circuit 4th-amendment circuit-split custodial-arrest fourth-amendment new-york-court-of-appeals officer-safety probable-cause search-incident-to-arrest warrantless-search Can the warrantless search of a person be justified as incident to arrest where, at the time of the search, no arrest has been made and none would hav…
18-9397 Miguel Angel Barron v. Raymond Madden, Warden Ninth Circuit 2019-05-23 Denied Response WaivedIFP burden-of-proof constitutional-law criminal-procedure due-process evidence evidence-suppression fair-trial fourth-amendment jury-instructions probable-cause relevance search-and-seizure self-defense warrantless-search Whether a state trial court's jury instruction that reduces the burden of proof or violates a principle of fairness contained in the due process claus…
18-9399 Paul Johnson, Jr. v. United States Eleventh Circuit 2019-05-23 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP ammunition ammunition-seizure eleventh-circuit fourth-amendment fourth-amendment-original-meaning original-meaning pat-down police-procedure probable-cause search-and-seizure terry-stop terry-v-ohio Whether the Fourth Amendment permits a police officer to seize a freestanding round of ammunition identified during a pat down conducted pursuant to T…
18-9278 In Re Edmond McClinton 2019-05-17 Dismissed IFP actual-innocence civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel lack-of-due-process lack-of-jurisdiction miscarriage-of-justice probable-cause prosecutorial-misconduct There was no probable cause for arrest
18-9305 Joshua Chapman-Sexton v. United States Sixth Circuit 2019-05-16 Denied Response WaivedIFP child-pornography exclusionary-rule fourth-amendment fourth-amendment-search-and-seizure inevitable-discovery probable-cause search-warrant warrantless-search Whether the inevitable discovery exception to the Fourth Amendment exclusionary rule applies
18-9225 Michael Otho Raihala v. Michigan Michigan 2019-05-10 Denied IFP 14th-amendment 4th-amendment 5th-amendment 6th-amendment 8th-amendment civil-rights constitutional-detention due-process pre-accusation-detention probable-cause state-agent-liability Whether it is constitutional for state and local agents to detain a citizen indefinitely without probable cause or process as a pre-accusation detaine…
18-1408 John Washek v. Vermont Vermont 2019-05-09 Denied Response Waived complete-defense constitutional-rights criminal-behavior criminal-charge criminal-procedure due-process evidence-presentation fourth-amendment innocent-behavior probable-cause reasonable-suspicion right-to-defense terry-stop Whether Defendant/Petitioner John Washek's Fourth Amendment rights were violated because the police officer's Terry stop was based on observations muc…
18-9193 Artez Brewer v. United States Seventh Circuit 2019-05-09 Denied Response WaivedIFP civil-rights federal-law-enforcement fourth-amendment gps-tracking law-enforcement probable-cause search-and-seizure standing warrant warrant-limitations warrant-requirements Whether federal law enforcement exceeds the limitations on the face of the warrant for GPS tracking to in-state monitoring and continues to monitor an…
18-9174 Warren Myles v. Nebraska Nebraska 2019-05-07 Denied IFP 2nd-amendment civil-rights concealed-carry criminal-history due-process federalism law-enforcement marijuana-search probable-cause reciprocity state-reciprocity state-rights welfare-check Does the State of Nebraska have the option to respect some but not other states' concealed carry permits?
18-9131 Ryan Canfield v. United States Second Circuit 2019-05-03 Denied Response WaivedIFP 4th-amendment civil-rights community-caretaking due-process fourth-amendment impoundment inventory law-enforcement probable-cause public-safety reasonableness standardized-procedures vehicle-impoundment Must impoundment be reasonable under the Fourth Amendment, or conducted pursuant to standardized procedures, or both?
18-1372 City of Newark, New Jersey v. Estate of Adriano Roman, Jr. Third Circuit 2019-05-01 Denied civil-rights consent-decree constitutional-violation false-arrest malicious-prosecution monell monell-claim probable-cause res-judicata Whether dismissal of a Monell claim is proper where all underlying claims against officers have been dismissed
18-9058 Juan L. Garcia v. United States Fifth Circuit 2019-05-01 Denied Response WaivedIFP 4th-amendment cell-phone-data civil-rights consent fourth-amendment home-search lawful-arrest probable-cause search-and-seizure seizure unreasonable-search warrantless-search Whether the Fourth Amendment's prohibition on unreasonable searches and seizures applies to the search of a person's home and belongings when the pers…
18-9082 Arion D. Andrews v. Ohio Ohio 2019-05-01 Denied Response WaivedIFP criminal-investigation evidence-sufficiency fourth-amendment independent-evidence judicial-review police-investigation probable-cause residence search-warrant Can a search warrant properly issue under the Fourth Amendment when the police-officer-affiant states that the address to be searched is the residence…
18-9036 Gregory Tarrel Brown v. Virginia, et al. Virginia 2019-04-30 Denied Response WaivedIFP 4th-amendment civil-rights curtilage fourth-amendment plain-smell-doctrine probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio Whether the defendant's Fourth Amendment rights were violated
18-9050 Roland Kailihiwa v. United States Ninth Circuit 2019-04-30 Denied Response WaivedIFP 4th-amendment canine-alert contamination drug-detection drug-detection-canine expert-testimony probable-cause residual-odor search-and-seizure search-warrant training Whether Mervin's positive alert on a parcel shipped to Hawaii, given his unsophisticated training and the possibility of contamination, suffices to es…
18-9022 Maurice Edward Carter v. Mike Parris, Warden Sixth Circuit 2019-04-26 Denied Response WaivedIFP constitutional-violation fourth-amendment habeas-corpus ineffective-assistance-of-counsel ineffective-counsel miranda-rights probable-cause search-and-seizure sixth-circuit Whether the United States Court of Appeals for the Sixth Circuit decision to deny Mr. Carter's habeas corpus relief misconstrued meritorious unresolve…
18-1344 LaMarcus Thomas v. United States Fourth Circuit 2019-04-25 Denied circuit-split exclusionary-rule fourth-amendment good-faith-exception magistrate-review officer-reliance probable-cause warrant-application Whether a suppression court may consider (1) only information contained within the four corners of the warrant application, (2) only that information …
18-8893 Mark M. Brown v. United States Sixth Circuit 2019-04-18 Denied Response WaivedIFP circuit-court-review criminal-procedure impairment mental-capacity mental-impairment probable-cause standard-of-review suppression-motion trustworthiness warrant warrant-issuance witness witness-credibility witness-testimony Does probable cause to issue a warrant extend to situations where a witness to alleged criminal behavior was severely impaired?
18-1316 Beverley R. Nettles v. Cynthia C. Bullington, et al. Sixth Circuit 2019-04-17 Denied Response Waived 42-usc-1983 circuit-split civil-rights constitutional-right constitutional-rights due-process fourteenth-amendment probable-cause protected-class retaliation retaliatory-claim Whether the existence of probable cause should be a factor to preclude a retaliatory-claim under 42 U.S.C. § 1983 for a person's prior exercise of the…
18-8851 Lester James Smith v. Georgia Georgia 2019-04-17 Denied Response WaivedIFP attempt-to-elude criminal-procedure double-jeopardy double-punishment due-process equal-protection evidence-collection federalism investigative-techniques law-enforcement probable-cause prosecutorial-misconduct sentencing single-incident single-jurisdiction Whether the State of Georgia erred in sentencing Mr. Smith to multiple punishments for a single criminal act of attempt to elude police
18-8865 Marvin Lopez-Aguilar v. United States Tenth Circuit 2019-04-17 Denied Response WaivedIFP appellate-review circuit-conflict collateral-attack collateral-challenge conviction criminal-procedure district-court forfeiture government-enforcement government-forfeiture habeas-corpus waiver Does the government forfeit its right to enforce a defendant's waiver of a collateral challenge to his conviction by failing to raise the waiver issue…
18-8873 Tracy Devon Thomas v. United States Ninth Circuit 2019-04-17 Denied Response WaivedIFP 4th-amendment criminal-evidence evidence judicial-standard law-enforcement perpetrator probable-cause search-warrant shooting standing vehicle-rental Can the common-sense standard of probable cause be so reduced as to allow a search warrant to be issued on the basis that a person rented a vehicle th…
18-8849 Keith Andre Robinson v. H. White, et al. Fourth Circuit 2019-04-16 Denied IFP 4th-amendment civil-rights due-process exigent-circumstances fourth-amendment probable-cause qualified-immunity search-and-seizure standing warrantless-search Did the District Court err in finding that no exigent circumstances were present to justify the warrantless search and seizure of Petitioner's home an…
18-8797 Juan Lopez-Zuniga v. United States Eighth Circuit 2019-04-11 Denied Response WaivedIFP 4th-amendment 8th-circuit eighth-circuit gps-monitoring gps-tracking gps-warrant probable-cause search-and-seizure supreme-court-precedent vehicle-search vehicle-tracking warrant-standard Whether the Eighth Circuit's creation of a new standard in evaluating GPS warrants is contrary to existing United States Supreme Court precedent
18-8754 Richard D. Pomeroy v. Municipality of Anchorage, Alaska Alaska 2019-04-10 Denied Response WaivedIFP 4th-amendment blood-test breath-test civil-penalties civil-rights constitutional-rights due-process fourth-amendment-search-and-seizure minor-traffic-infraction probable-cause search-and-seizure traffic-infraction traffic-stop Should civil penalties be imposed on petitioner for refusal to submit to a breath test when an intrusive blood test was administered
18-8667 Donald James Anson v. United States Second Circuit 2019-04-02 Denied Response WaivedIFP appellate-review civil-procedure constitutional-rights digital-privacy dismissal due-process fourth-amendment opportunity-to-be-heard probable-cause search-and-seizure standing surveillance Does an appellate court err in dismissing an appeal because 'it lacks an arguable basis in law or fact' without first providing the petitioner an oppo…
18-8668 Joseph Edwards Teague, III v. North Carolina North Carolina 2019-04-02 Denied IFP affidavit appeal appellate-review detective-affidavit federal-law good-faith-exception probable-cause search-warrant state-law state-vs-federal state-vs-federal-law Was COA17-1134 dispositive of appeal brought to NC Court of Appeals?
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…
18-8602 Enrico M. Ponzo v. United States First Circuit 2019-03-29 Denied Response WaivedIFP civil-rights criminal-justice criminal-procedure due-process evidence false-affidavit false-statements franks-doctrine franks-v-delaware judicial-review law-enforcement-misconduct probable-cause sanctions standing Whether Franks v. Delaware should be revisited to allow sanctions for false affiant declarations even if there remains probable cause in the absence o…
18-8631 Bekim Fiseku v. United States Second Circuit 2019-03-29 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights fourth-amendment handcuffing investigative-stop police-procedure probable-cause terry-stop terry-v-ohio unusual-circumstances Whether the Second Circuit disregarded its prior decisions and created precedent that undermines the rule that officers may not handcuff a suspect dur…
18-8593 Dontae Callen v. Alabama Alabama 2019-03-27 Denied IFP affidavit appellate-review criminal-procedure death-penalty fourth-amendment jury-unanimity probable-cause search-warrant separate-affidavit Where an affidavit does not support a finding of probable cause for the issuance of a search warrant, can a reviewing court consider information from …
18-1247 Robert Alan Ries v. Oregon Oregon 2019-03-26 Denied Response Waived affidavit blood-sample constitutional-rights criminal-procedure fourth-amendment particularity-requirement probable-cause search-and-seizure warrant-particularity Does a warrant commanding the police to seize a blood sample from a person with an entirely different name than the defendant violate the Fourth Amend…
18-1248 Neil C. Kienast and Braman B. Broy v. United States Seventh Circuit 2019-03-26 Denied Response Waived child-pornography circuit-split due-process exclusionary-rule fourth-amendment good-faith-exception law-enforcement privacy-interest probable-cause search-and-seizure suppression-doctrine suppression-of-evidence warrant warrant-validity Whether the good faith exception to the exclusionary rule applies to a warrant that should have never been issued, involving the government's reproduc…
18-8549 Keith D. Goodman v. I. D. Hamilton, Warden Fourth Circuit 2019-03-26 Denied Response WaivedIFP civil-rights criminal-procedure district-court due-process facial-unconstitutionality fourth-circuit habeas habeas-corpus second-or-successive second-successive-petition standing statutory-interpretation unconstitutional-statute Whether a § 2254 (habeas) claim of a conviction under a facially unconstitutional statute is sufficient to overcome a statutory 'second or successive'…
18-1230 Juan Zamudio v. United States Seventh Circuit 2019-03-21 Denied 4th-amendment circuit-split civil-rights criminal-procedure drug-trafficking due-process fourth-amendment nexus-requirement particularized-nexus probable-cause residence search-and-seizure search-warrant standing Whether a search warrant application that fails to provide any particularized nexus between an individual's alleged drug trafficking activity and the …
18-1219 Illinois v. Derrick Bonilla Illinois 2019-03-20 Denied Amici (1) apartment apartment-building apartment-search common-area dog-sniff drug-detection-dog exclusionary-rule florida-v-jardines fourth-amendment good-faith-exception probable-cause search search-and-seizure Whether a sniff by a drug-detection dog conducted in the common area of an apartment building is a Fourth Amendment search under Florida v. Jardines
18-8439 Richard Larry Lacey v. Oregon Oregon 2019-03-18 Denied Response WaivedIFP courtroom-removal defendant-misconduct forfeiture misconduct right-to-representation self-representation sixth-amendment trial-rights waiver waiver-forfeiture Does a self-represented defendant waive or forfeit his Sixth Amendment right to representation when the defendant intentionally engages in misconduct …
18-8448 Edward Bishop v. United States Seventh Circuit 2019-03-18 Denied Response WaivedIFP 4th-amendment criminal-procedure digital-evidence digital-files dna-evidence evidence fourth-amendment particularity-requirement probable-cause search-warrant Does a search warrant which described the place to be searched and the things to be seized fail the particularity requirement of the Fourth Amendment?
18-1188 Jeffrey A. Jacobi v. Wisconsin Wisconsin 2019-03-13 Denied Response Waived civil-procedure civil-rights criminal-procedure due-process evidence fourth-amendment intoxication intoxication-determination intoxication-inference law-enforcement law-enforcement-inference police-inference probable-cause reasonable-suspicion traffic-accident traffic-stop vehicle-collision Whether it is reasonable for police to infer that a driver was intoxicated at the time of a collision based solely on the fact that the driver was fou…
18-8387 Delmart E. J. M. Vreeland, II v. David Zupan, Warden, et al. Tenth Circuit 2019-03-12 Denied Response WaivedIFP conflicting-rulings defendant-rights due-process forfeiture implied-waiver intelligent judicial-discretion knowing right-to-counsel trial-court-procedure voluntary waiver waiver-of-counsel Whether a trial court violates this Court's requirement that any waiver of counsel be knowing, voluntary and intelligent
18-8361 Arturo Sarli v. United States Fifth Circuit 2019-03-11 Denied Response WaivedIFP 4th-amendment civil-rights consent-to-search custodial-interrogation detention due-process fourth-amendment fruit-of-the-poisonous-tree law-enforcement probable-cause search-and-seizure search-consent vehicle-search Whether consent to search comes to a natural end after a thorough and fruitless search has been conducted or may officers use the initial consent to s…
18-8377 Walter D. Booker v. T. Johnson, et al. Fourth Circuit 2019-03-11 Dismissed Response WaivedRelisted (2)IFP 42-usc-1983 civil-rights criminal-procedure fourth-amendment investigative-detention probable-cause qualified-immunity reasonable-suspicion section-1983 seizure Whether the officers had reasonable suspicion to seize Mr. Booker Shabazzallah?
18-1157 Edwin A. Vega v. Ohio Ohio 2019-03-07 Denied detention fourth-amendment law-enforcement probable-cause reasonable-suspicion rodriguez-v-united-states search-and-seizure united-states-v-ross usps vehicle-search Did the Ohio Supreme Court reverse Rodriguez v. United States and permit unlawful detention and search in violation of the Fourth Amendment?
18-8292 Julius Greer v. United States Third Circuit 2019-03-05 Denied IFP circuit-split crime-of-violence criminal-procedure forfeiture judicial-review motion-to-dismiss plain-error-review speedy-trial-act standard-of-review waiver Speedy-Trial-Act-violation
18-8186 Kirby Gant v. United States Eleventh Circuit 2019-02-28 Denied Response WaivedIFP 4th-amendment automobile-exception civil-rights criminal-procedure eleventh-circuit inevitable-discovery inventory-search plain-view-doctrine probable-cause search-and-seizure vehicle-search Whether the Eleventh Circuit erred by finding that the automobile exception applied when the district court made no findings that the vehicle was read…
18-8139 Louis A. Hardison v. United States Eighth Circuit 2019-02-27 Denied Response WaivedIFP asset-forfeiture civil-procedure civil-procedure-forfeiture due-process federal-adoption federal-jurisdiction forfeiture in-rem-jurisdiction ineffective-counsel missouri-forfeiture-laws missouri-statute state-federal-jurisdiction state-law turnover-order Whether Missouri statute RSMO 513.607-613.647 provides exclusive in rem jurisdiction over seized property even when state and local government fail to…
18-8126 Ronnie W. Wilson v. Michael Stephan, Warden Fourth Circuit 2019-02-25 Denied Response WaivedIFP arrest-warrant civil-rights criminal-procedure due-process probable-cause search-and-seizure standing vawa Should the VAWA (Violence Against Women Act) charges against the petitioner be dismissed because the arrest warrants were not signed?
18-1081 Curtiss Wilson v. Horton's Towing, et al. Ninth Circuit 2019-02-21 Denied Response Waived 4th-amendment 5th-amendment civil-rights drug-law-enforcement drug-laws due-process forfeiture indian-law indian-tribe-authority montana-exception montana-v-united-states non-native-americans non-native-seizure tribal-jurisdiction tribal-law tribal-sovereignty vehicle-forfeiture Whether an Indian tribe has authority under the Montana exception to forfeit automobiles owned by non-Native Americans for violation of tribal drug la…
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…
18-7965 Daniel Stewart v. United States Seventh Circuit 2019-02-14 Denied Response WaivedIFP civil-rights counsel-of-choice due-process fourth-amendment Fourth-Amendment-Claim Miranda-Rights probable-cause Right-to-Counsel rodriguez-v-united-states search-and-seizure standing Suspicionless-Surveillance warrantless-search Warrantless-Searches Whether the warrantless searches of petitioner's person and his motor vehicle were in clear violation of his Fourth Amendment rights
18-7982 Obelin Jaimes-Aviles v. Florida Florida 2019-02-14 Denied IFP 14th-amendment 4th-amendment 5th-amendment 6th-amendment civil-rights due-process exigent-circumstances fourth-amendment probable-cause search-and-seizure vehicle-search Whether the warrantless search and seizure of a person's vehicle and its contents violates the Fourth Amendment's protections against unreasonable sea…
18-1063 John Cottam v. Douglas Pelton Eleventh Circuit 2019-02-13 Denied civil-rights constitutional-rights due-process emotional-distress fabricated-evidence false-arrest law-enforcement-fabrication malicious-prosecution probable-cause qualified-immunity rule-56 summary-judgment Whether law enforcement fabrication of a felony charge against an innocent citizen precludes summary judgment on a false arrest claim
18-7914 Jay Maurice Tharps v. United States Fourth Circuit 2019-02-12 Denied Response WaivedIFP 4th-amendment anonymous-informant drug-trafficking fourth-amendment leon-exception leon-good-faith-exception partially-rotten-fruit probable-cause search-warrant totality-of-circumstances totality-of-the-circumstances Whether the Fourth Circuit erred in determining that probable cause existed
18-7933 Keith Charleston v. Jeffrey Woods, Warden Sixth Circuit 2019-02-12 Denied Response WaivedIFP 4th-amendment 6th-amendment constitutional-rights criminal-procedure-miranda due-process ineffective-assistance-of-counsel ineffective-counsel miranda-rights premeditated-murder probable-cause self-defense self-incrimination warrantless-arrest Whether petitioner's statement was unconstitutionally obtained due to intoxication and lack of sleep preventing a knowing and intelligent Miranda waiv…
18-1035 Keithrick Thomas v. Texas Texas 2019-02-07 Denied curtilage driveway plain-view-exception probable-cause search-and-seizure warrantless-search curtilage fourth-amendment plain-view-doctrine police-encounter probable-cause search-and-seizure standing vehicle-search warrantless-search Warrantless search of passenger's pockets in driveway violates Fourth Amendment
18-7846 Reginald Hough v. United States Sixth Circuit 2019-02-07 Denied Response WaivedIFP 4th-amendment confrontation-clause evidence expert-testimony fifth-amendment lay-witness police-procedure probable-cause search-warrant totality-of-circumstances Was there probable cause for the search warrant?
18-1024 Lenard Johnson v. Richard Winfrey, Jr. Fifth Circuit 2019-02-06 Denied 4th-amendment accrual-of-claim civil-rights false-statements fourth-amendment fourth-amendment-search-and-seizure franks-analysis franks-v-delaware law-enforcement-misconduct legal-accrual material-omission probable-cause qualified-immunity warrant-application Franks v. Delaware analysis of omitted information material to probable cause
18-7746 Joseph Davis v. United States First Circuit 2019-02-04 Denied Response WaivedIFP thereby rendering the use of evidence uncovered d constitutional-rights criminal-procedure evidence florida-v-wells fourth-amendment inventory-search probable-cause ruse search-and-seizure Whether errors in an inventory search report are indicative of a 'ruse' under Florida v. Wells, thereby rendering the use of evidence uncovered during…
18-1006 Michael Kevin Adams v. Texas Texas 2019-02-01 Denied Response Waived 4th-amendment 5th-amendment 6th-amendment civil-rights community-caretaking criminal-procedure fourth-amendment impoundment interrogation law-enforcement minor-offense probable-cause search-and-seizure traffic-stop vehicle-impoundment vehicle-search Michael-Kevin-Adams
18-7711 Christopher Fitzgerald v. United States Sixth Circuit 2019-02-01 Denied Response WaivedIFP 4th-amendment civil-rights due-process exclusionary-rule fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant united-states-v-leon warrant-affidavit Does the 'good faith' exception to the exclusionary rule apply to uphold a search
18-7619 Michael Scott Morris v. United States Tenth Circuit 2019-01-30 Denied Response WaivedIFP 4th-amendment 5th-amendment coercion consent criminal-procedure due-process fourth-amendment police-coercion probable-cause search-and-seizure voluntary-consent warrant-requirement Is consent to search a home freely and voluntarily given when police threaten arrest and jail if they are required to obtain a search warrant?
18-7683 Deandre Anderson v. Daniel Lesatz, Warden Sixth Circuit 2019-01-30 Denied IFP civil-procedure civil-rights constitutional-violations criminal-procedure due-process fourth-amendment miranda-rights new-evidence post-conviction-relief postconviction-relief probable-cause standing statute-of-limitations trial-errors wrongful-conviction Does the cases stated apply to this case?
18-7653 Lonzo Bonner v. Michigan Michigan 2019-01-29 Denied IFP brady-material due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel perjured-testimony probable-cause prosecutorial-misconduct Whether petitioner was deprived of his state and federal constitutional right to a fair trial and due process of law
18-7527 David Phillip Wilson v. Alabama Alabama 2019-01-23 Denied IFP brady-evidence brady-v-maryland brady-violation co-defendant-statement criminal-procedure discovery due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel kaupp-v-texas probable-cause prosecutorial-misconduct wong-sun-v-united-states Whether the prosecution's failure to provide Brady evidence is excused by trial counsel's lack of diligence in pursuing that evidence, and whether Mr.…
18-7534 Tylon Hudson v. Illinois Illinois 2019-01-23 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment parolee probable-cause reasonable-belief search-and-seizure warrant Does a Police officer who without reasonable belief that a parolee is inside his residence and repeatedly enters the parolee's unoccupied residence, i…
18-922 Abraham M. Fisch v. Texas Texas 2019-01-16 Denied attorney-fees client-rights criminal-defense-attorney criminal-procedure due-process excessive-fines forfeiture sixth-amendment standard-of-review What is the appropriate standard of review for the forfeiture of attorney's fees?
18-917 Michael S. Bent v. Pamela Talkin, Marshal, Supreme Court of the United States, et al. District of Columbia 2019-01-15 Denied Response WaivedRelisted (2) civil-rights constitutional-rights courthouse-procedures due-process police-booth police-powers probable-cause separation-of-powers standing statutory-authority Does the Chief of Police's Police Booth Operation violate the right to be secure in papers and due process?
18-900 Philip Zodhiates v. United States Second Circuit 2019-01-11 Denied Amici (4)Response Waived carpenter-v-united-states cell-site-location-information davis-v-united-states exclusionary-rule fourth-amendment fourth-amendment-search-and-seizure good-faith-exception international-parental-kidnapping probable-cause warrant-requirement Whether the good faith exception to the exclusionary rule allows use at trial of cell-site location information illegally seized by a prosecutor prior…
18-7324 Roberto Gil v. Florida Florida 2019-01-09 Denied IFP arrest confidential-informant contingent-fee due-process forfeiture fourteenth-amendment law-enforcement testimony Whether a confidential informant's contingent fee arrangement with police violates due process rights?
18-7294 Sergio Antonio Zambrano v. United States Eleventh Circuit 2019-01-08 Denied Response WaivedIFP 4th-amendment fourth-amendment pat-down probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio warrantless-search warrantless-searches Whether a police officer may reach into an individual's pockets and remove objects during a Terry stop if the officer cannot determine through a pat-d…
18-7248 Vertis Anthony v. Louis Boyd, Warden, et al. Eleventh Circuit 2019-01-07 Denied Response WaivedIFP appeals appellate-jurisdiction civil-procedure constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment judicial-bias jurisdiction probable-cause rules-of-civil-procedure standing subject-matter-jurisdiction warrantless-search Whether the U.S. Court of Appeals for the Eleventh Circuit erred in its rulings on the jurisdictional issues raised in the petition
18-7251 Consuelo Jordan v. Equal Employment Opportunity Commission, et al. District of Columbia 2019-01-07 Denied Response WaivedIFP 4th-amendment civil-procedure civil-rights constitutional-provisions due-process exclusionary-rule jurisdiction probable-cause qualified-immunity search-and-seizure standing takings Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures
18-7256 Amin De Castro v. United States Third Circuit 2019-01-07 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement-interaction police-encounter police-seizure probable-cause reasonable-person reasonable-person-standard seizure terry-stop whether a reasonable person would feel free to refuse a police officer's polite request to take his hands out of his pockets
18-863 Tralvis Edmond v. United States Seventh Circuit 2019-01-07 Denied Response Waived 4th-amendment confidential-informant criminal-activity criminal-procedure due-process fourth-amendment probable-cause search-warrant temporal-evidence Whether a complaint for search warrant that is silent as to the date on which alleged criminal activity occurred and recounts only a single drug purch…
18-7214 Waymon Scott McLaughlin v. United States Fifth Circuit 2019-01-03 Denied Response WaivedIFP arrestee-access arrestee-rights fourth-amendment law-enforcement-procedure probable-cause search-incident-to-arrest unreasonable-search vehicle-search warrant-requirement warrantless-search Whether the Fourth Amendment permits officers to search objects carried by an arrestee without a warrant even after they have eliminated any realistic…
18-7179 Trevelle J. Taylor v. Nebraska Nebraska 2018-12-27 Denied IFP 4th-amendment arrest-standards civil-rights confrontation-clause criminal-procedure due-process probable-cause reasonable-suspicion search witness-testimony Whether a person's mere proximity to others independently suspected of criminal activity, without more, gives rise to probable cause to search that pe…
18-7151 Curtis John Mulhern v. Pennsylvania Pennsylvania 2018-12-20 Denied IFP 2nd-amendment civil-rights confidential-informant criminal-enterprise due-process entrapment law-enforcement outrageous-conduct outrageous-government-conduct probable-cause reverse-sting Did law enforcement conduct become constitutionally unacceptable where government-agents-and-confidential-informant-engineered-criminal-enterprise
18-7156 Antonez Terril Johnson v. United States Eleventh Circuit 2018-12-20 Denied Response WaivedIFP arrest federal-circuit-split fourth-amendment investigative-detention investigatory-stop investigatory-stops pedestrian-stop probable-cause reasonableness-standard scope-and-duration terry-stop terry-v-ohio Whether pedestrian Terry stops based on probable cause do or do not equate to arrest
18-7095 Miguel Robinson v. United States Sixth Circuit 2018-12-19 Denied Response WaivedIFP 4th-amendment circumstances circumstantial-evidence criminal-procedure drug-trafficking due-process fourth-amendment probable-cause reasonable-search rigid-legal-rules rule-of-law search search-and-seizure search-warrant Did the Court of Appeals violate the principle that rigid legal rules are ill-suited to an analysis of probable cause by relying on a rule to find a m…
18-7043 Coleman Tuton v. United States Eighth Circuit 2018-12-14 Denied Response WaivedIFP 4th-amendment attenuation-doctrine commercial-passenger-bus drug-detection-canine fourth-amendment independent-source-doctrine luggage probable-cause search-and-seizure warrantless-search Does the general alert of a drug-detection canine to the luggage compartment of a commercial passenger bus—but not to any particular piece of luggage …
18-764 Oscar Henry Steinmetz v. United States Eighth Circuit 2018-12-14 Denied Response Waived 4th-amendment civil-rights consent consent-search constitutional-rights criminal-procedure due-process fourth-amendment law-enforcement probable-cause search-and-seizure Does the law regarding searches, seizures, and consent need clarification for proper guidance and application?
18-6994 Cleveland McDowell Meador, IV v. United States Fourth Circuit 2018-12-11 Denied Response WaivedIFP consent-search consent-to-search felon-in-possession fourth-amendment home-search police-procedure probable-cause search-and-seizure seizure supervision supervision-of-search withdrawal-consent withdrawal-of-consent Whether police officers violate the Fourth Amendment when they obtain consent to search a person's home, then keep that person outside the home, preve…
18-6951 Jamal Cooper v. United States Sixth Circuit 2018-12-07 Denied Response WaivedIFP 18-usc-2518 4th-amendment congressional-intent consent-requirements criminal-procedure exclusionary-rule fourth-amendment franks-v-delaware necessity-requirement omnibus-crime-control-act probable-cause separate-application statutory-interpretation wiretap-application wiretap-necessity wiretap-statute Is 18 U.S.C. § 2518 (1) (ce) a statutory provision that reflects Congress' core concerns and does § 2518 (1)(c) require that each request for a wireta…
18-6959 Glenn Lloyd Kingham v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-12-07 Denied IFP 4th-amendment actual-prejudice assistance-of-counsel civil-rights competency constitutional-rights criminal-procedure due-process exclusionary-rule habeas-corpus judicial-review post-conviction probable-cause procedural-rules search-and-seizure Whether arbitrary government intrusion violates the Fourth Amendment by means of unlawful search and seizure without probable cause
18-720 Ronald Duhe, et al. v. City of Little Rock, Arkansas, et al. Eighth Circuit 2018-12-06 Denied Response Waived civil-rights constitutional-vagueness detention-policy disorderly-conduct due-process first-amendment free-speech legal-precedent overbreadth probable-cause vagueness Whether precedent by this Court together with the Eighth Circuit, other circuits and state courts of last resort had clearly established the vagueness…
18-6908 Livingston Manners v. Ronald Cannella, et al. Eleventh Circuit 2018-12-04 Denied IFP 42-U.S.C.-1983 Excessive-Force fleeing-and-eluding fourth-amendment Fourth-Amendment-Violation probable-cause qualified-immunity reasonable-suspicion traffic-stop Is there a violation of the fourth amendment where the arrest of a civilian stems from an illegal traffic stop
18-6918 Samantha Christine Velazquez v. United States Ninth Circuit 2018-12-04 Denied Response WaivedIFP 4th-amendment border-search cell-phone-privacy cell-phone-search civil-rights due-process fourth-amendment probable-cause riley-precedent riley-v-california search-and-seizure warrantless-search Whether a warrantless, post-arrest cell-phone-search is permissible under the Fourth-Amendment at the United-States-border
18-6861 John Wilborn v. Kelly Ryan, Warden First Circuit 2018-11-28 Denied Response WaivedIFP actual-innocence actual-innocence-claim certificate-of-appealability constitutional-violation constitutional-violations due-process evidence-tampering evidence-withholding probable-cause probable-cause-transcript prosecutorial-misconduct Where John Wilborn made an actual innocence claim, did the Commonwealth violate John Wilborn's rights by withholding the probable cause transcript fro…
18-6864 Thomas Whitlow v. United States Eighth Circuit 2018-11-28 Denied Response WaivedIFP criminal-complaint criminal-complaint-validity false-statements fraud-on-court indictment perjury probable-cause reckless-disregard subject-matter-jurisdiction sworn-affidavit void-judgment Is the criminal complaint void when it was based on statements from Special Agent Terrance Taylor that were knowingly false and exhibited reckless dis…
18-6866 Thomas Edward Sperber v. Pennsylvania Pennsylvania 2018-11-28 Denied IFP 4th-amendment cellular-phone civil-rights digital-privacy fourth-amendment privacy probable-cause search-and-seizure warrant-requirement warrantless-search Does the act of accessing any information from a cellular phone without a warrant contravene the Supreme Court's decision in Riley v. California and U…
18-685 Lynn Robinson, et al. v. American Airlines, Inc., et al. Tenth Circuit 2018-11-26 Denied Response Waived adhesion-contract adhesion-contracts airline-deregulation-act common-law common-law-contract consumer-rights contract-interpretation contract-law forfeiture statutory-interpretation unconscionability Whether a court may use and apply a State's common-law contract laws, rules and principles to interpret and construe an airline's adhesion contract wi…
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…
18-6724 Roger Lee Ozier v. Shirlee Harry, Warden Sixth Circuit 2018-11-19 Denied Response WaivedIFP appellate-review armed-robbery bank-robbery confrontation-clause criminal-procedure cross-examination eyewitness-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence probable-cause sixth-amendment Was the evidence sufficient to sustain Mr. Ozier's conviction for armed robbery and bank robbery?
18-623 Katrina Walker v. Carl Weatherspoon, et al. Seventh Circuit 2018-11-14 Denied Response Waived 42-usc-1983 civil-rights due-process fourth-amendment illinois-v-gates informant informant-tip probable-cause qualified-immunity search-warrant section-1983 seventh-circuit May a police officer, who secures a search warrant on the uncorroborated tip of a first-time informant by withholding from the issuing judge facts tha…
18-6664 Daniel David Garza v. United States Fifth Circuit 2018-11-14 Denied Response WaivedIFP 4th-amendment exclusionary-rule fourth-amendment law-enforcement motion-to-suppress probable-cause reasonable-suspicion search-and-seizure traffic-stop Whether the lower courts erred in denying Mr. Garza's Motion to Suppress based on the erroneous finding that the officer had reasonable suspicion to i…
18-6702 Brandon Gale Combs v. United States Fourth Circuit 2018-11-14 Denied IFP 4th-amendment appellate-review civil-rights due-process exclusionary-rule fourth-amendment good-faith-exception leon-doctrine probable-cause search-and-seizure search-warrant warrant-requirement Whether it is unconstitutional to allow appellate courts to review information known to police, but unknown to the neutral and detached magistrate at …
18-6679 Donate Graham v. Illinois Illinois 2018-11-13 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause conspiracy-liability criminal-procedure due-process forfeiture forfeiture-by-wrongdoing forfeiture-doctrine giles-v-california intent witness-procurement Whether the forfeiture-by-wrongdoing exception to the Confrontation Clause encompasses acts of wrongful witness procurement done by alleged co-conspir…
18-6647 Kiran Sharma v. United States Fifth Circuit 2018-11-09 Denied Response WaivedRelisted (2)IFP constitutional-rights due-process evidentiary-hearing forfeiture forfeiture-restitution ineffective-assistance-of-counsel mandatory-victim-restitution-act plea-agreement restitution statutory-interpretation third-party-beneficiary trust-corpus Does the language in the Mandatory Victim Act (MVRA) allow the courts to forfeit the third party beneficiary's 'Trust Corpus' without an 'Evidentiary …
18-591 Gary Dressler v. Bradford Rice, et al. Sixth Circuit 2018-11-06 Denied Response Waived 2nd-amendment civil-rights conspiracy fourth-amendment open-carry probable-cause qualified-immunity second-amendment Is an individual's Second Amendment right to bear arms violated?
18-6587 David James Matthew v. United States Ninth Circuit 2018-11-06 Denied Response WaivedIFP anticipatory-warrant conditional-warrant florida-v-jardines fourth-amendment knock-and-announce probable-cause search-and-seizure search-warrant united-states-v-grubbs warrantless-entry Whether agent Waldo's initial warrantless entry into the enclosed 'screened front patio' of Matthew's residence violated the Fourth Amendment
18-576 Robert H. Wright, Jr. v. Jerald Watson, et al. Eleventh Circuit 2018-11-02 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-forfeiture civil-procedure civil-rights constitutional-rights due-process fourth-amendment malicious-prosecution police-misconduct probable-cause standing Is a malicious prosecution claim under the Fourth Amendment and Manuel v. City of Joliet the proper civil remedy for an 'overcharge' prosecution?
18-6540 Maha Z. Rayan v. Georgia Georgia 2018-11-02 Denied Response WaivedRelisted (2)IFP arrest contempt contempt-order criminal-procedure due-process fourteenth-amendment fourth-amendment judicial-appointment municipal-court-jurisdiction municipal-courts probable-cause state-penal-law uniform-traffic-citation Whether the use of a municipal traffic citation as an initial accusation for a state penal law non-traffic offense is constitutional
18-6512 Jabril Jones v. United States Sixth Circuit 2018-11-01 Denied Response WaivedIFP 4th-amendment appeals cell-phone-privacy civil-procedure civil-rights due-process exclusionary-rule false-imprisonment Fourth-Amendment jurisdiction jury-trial probable-cause search-incident-to-arrest sentencing standing warrantless-search Whether petitioners were arrested without probable cause
18-6520 Jesus L. Arnett v. Patrick Covello, Acting Warden Ninth Circuit 2018-10-31 Denied IFP certificate-of-appealability constitutional-rights cruel-and-unusual-punishment due-process false-conviction forged-bills ineffective-assistance-of-counsel probable-cause sentencing speedy-trial speedy-trial-rights structural-error Should Petitioner be granted a Certificate of Appealability
18-6431 Justin Jenkins v. United States Sixth Circuit 2018-10-25 Denied Response WaivedIFP 4th-amendment evidence-suppression Exclusionary-Rule fourth-amendment good-faith-exception Illegal-Search Illegal-Seizure probable-cause search-and-seizure search-warrant standing vehicle-search Whether the trial court erred in refusing to suppress evidence from illegal searches
18-531 Terry Lee Coffman v. Iowa Iowa 2018-10-24 Denied Response Waived cady-v-dombrowski cady-v-drombrowski community-caretaking constitutional-law exigent-circumstances fourth-amendment immediate-need objective-facts police-assistance probable-cause reasonable-suspicion search-and-seizure warrant-requirement warrantless-seizure Whether the Court's holding in Cady v. Dombrowski permits a warrantless seizure under the Fourth Amendment without objective facts establishing an imm…
18-6399 Marcos Perez-Trevino v. United States Eighth Circuit 2018-10-23 Denied Response WaivedIFP berger-v-united-states circuit-split closed-container closed-containers conspiracy drug-conspiracy due-process fifth-amendment fifth-amendment-due-process florida-v-wells fourth-amendment fourth-amendment-search-and-seizure indictment inventory-search law-enforcement-policy material-variance probable-cause shared-interest Whether a material variance exists where the gover written-policy Whether the officer conducted a valid inventory search of a closed container without a written policy governing such searches
18-6412 Jaiyanah Bey v. Elmwood Place Police Department, et al. Sixth Circuit 2018-10-23 Denied Response WaivedIFP 4th-amendment 4th-amendment-search-and-seizure administrative-search civil-rights commercial-activity constitutional-rights due-process fourth-amendment law-enforcement probable-cause search-and-seizure standing traffic-stop Can a police randomly stop and force you off the road to randomly inspect your private property without probable cause to impose a program on people t…
18-511 Austin Gates v. Hassan Khokhar, et al. Eleventh Circuit 2018-10-18 Denied arrest-standard civil-rights due-process first-amendment fourth-amendment free-speech probable-cause qualified-immunity standing state-law supreme-court Whether a court, in determining whether arguable probable cause exists to arrest for a state-law crime, must consider any narrowing decisions by the s…
18-491 Cameron Heath Ray v. Oklahoma Oklahoma 2018-10-17 Denied appellate-division circuit-split criminal-evidence criminal-procedure evidence fourth-amendment immediate-mobility law-enforcement mobility probable-cause search-and-seizure vehicle-search vehicle-seizure Whether it violates the Fourth Amendment to characterize a criminal suspect's car as evidence of a crime when the car is not used in the crime at issu…
18-474 LeFloris Lyon v. Canadian National Railway Company, et al. Seventh Circuit 2018-10-15 Denied Response WaivedRelisted (2) bivens bivens-action civil-rights first-amendment fourth-amendment probable-cause retaliatory-prosecution seventh-circuit-conflict Whether retaliatory prosecution in violation of the First Amendment and Fourth Amendment is actionable under Bivens when the arrest warrants and prose…
18-478 Brian Edward Malnes v. City of Flagstaff, Arizona, et al. Ninth Circuit 2018-10-15 Denied Response WaivedRelisted (2) constitutional-vagueness fourth-amendment harassment harassment-statute law-enforcement overbreadth probable-cause search-and-seizure unreasonable-search-and-seizure vagueness Whether law enforcement officials had probable cause to arrest the Petitioner for the crime of harassment under Ariz. Rev. Stat. § 13-2921(A)(1) based…
18-6297 Jorge Robles-Avalos v. United States Fifth Circuit 2018-10-15 Denied Response WaivedIFP 4th-amendment border-patrol fourth-amendment motion-to-suppress probable-cause reasonable-suspicion search-and-seizure totality-of-the-circumstances vehicle-stop Must a court consider a Border Patrol agent's admission to routinely stopping vehicles without reasonable suspicion as part of the totality of the cir…
18-6268 Roger King v. Terence Kilpatrick, Warden Eleventh Circuit 2018-10-10 Denied Response WaivedIFP access-to-court access-to-courts civil-procedure civil-rights clerk-interference constitutional-rights discretionary-review due-process fourth-amendment fraud misrepresentation probable-cause procedural-error search-and-seizure Whether the Georgia Supreme Court erred in dismissing the Petitioner's application for certificate of probable cause because the Petitioner did not fi…
18-6243 Christopher Jackson v. Florida Florida 2018-10-09 Denied IFP civil-procedure constitutional-violation exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-evidence indirect-evidence probable-cause search-and-seizure standing wong-sun Whether secondary evidence discovered as a result of an illegal search and seizure can constitute proof against the victim of search, and does exclusi…
18-437 Dmitri I. Medvedev v. Henrico County Virginia 2018-10-05 Denied 4th-amendment civil-rights driver's-license due-process dui fourth-amendment probable-cause reasonable-suspicion seizure terry-stop terry-v-ohio When the officer took and retained Petitioner's license, did it constitute a seizure for Fourth Amendment purposes where reasonable suspicion did not …
18-440 Edward Michael Nero, et al. v. Marilyn J. Mosby Fourth Circuit 2018-10-05 Denied Response Waived absolute-immunity advocacy-function civil-procedure civil-rights due-process investigation investigatory-materials law-enforcement legal-advice probable-cause prosecutor prosecutor-investigation prosecutorial-immunity standing Whether a prosecutor is acting as an 'advocate' and is entitled to absolute immunity when the prosecutor performs an investigation and provides those …
18-419 Len Boogaard, et ux., as Personal Representatives of the Estate of Derek Boogaard, Deceased v. National Hockey League, et al. Seventh Circuit 2018-10-03 Denied Response Waived civil-procedure civil-rights federal-jurisdiction forfeiture judicial-discretion pleading-requirements remand removal state-law-claims tort-law Whether the federal courts abused their discretion in usurping a states' power to adjudicate common law tort claims
18-411 Cindy Omidi v. United States Ninth Circuit 2018-10-02 Denied Response Waived 31-usc-5317 31-usc-5324 civil-procedure criminal-procedure due-process forfeiture jurisdictional-basis money-judgment personal-money-judgment statutory-interpretation structuring Whether a district court has authority to enter a personal money judgment against a person who violated 31 U.S.C. § 5324(a)(3) (structuring) when the …
18-6050 Timothy L. Rodriguez v. DeWayne Burton, Warden Sixth Circuit 2018-09-21 Denied Response WaivedRelisted (2)IFP due-process equal-protection fourteenth-amendment fourth-amendment probable-cause subject-matter-jurisdiction Void-for-Lack-of-Jurisdiction warrantless-arrest Whether the states have reached incongruent results when interpreting this Court's decision due to a radical defect that occurred after the petitioner…
18-6057 Omar Sosa-Gonzalez v. United States First Circuit 2018-09-21 Denied Response WaivedIFP appeal criminal-procedure due-process exclusionary-rule first-circuit fourth-amendment probable-cause search-and-seizure sentencing standing statutory-interpretation Whether the First Circuit erred in affirming the district court's denial of petitioner's motion to suppress evidence obtained in violation of the Four…
18-368 Cedrick Thomas v. Jeffrey Cozzi Eleventh Circuit 2018-09-20 Denied Response Waived 42-usc-1983 4th-amendment civil-procedure civil-rights detective-thomas district-of-columbia-v-wesby eleventh-circuit false-arrest fourth-amendment law-enforcement probable-cause qualified-immunity Whether the Eleventh Circuit erred in affirming the denial of probable cause and qualified immunity for Detective Thomas
18-6039 Darryl Taylor v. Minnesota Minnesota 2018-09-19 Denied Response WaivedIFP 4th-amendment 5th-amendment civil-procedure civil-rights due-process probable-cause search-and-seizure standing Whether the search warrant was valid and lawful
18-6005 Trayon L. Williams v. United States Tenth Circuit 2018-09-17 Denied IFP appellate-procedure causation-element circuit-split claim-preservation criminal-procedure-waiver-forfeiture forfeiture preservation-of-issues preserved-claim standard-of-review sua-sponte-ruling violent-crime-definition violent-force-element waiver waiver-principles Whether a court of appeals can sua sponte hold a preserved claim forfeited and then dismiss it as waived when the government agrees the claim was prop…
18-339 June Harper v. Arthur Leahy, et al. Second Circuit 2018-09-14 Denied Amici (1) arrest-warrant civil-rights fourth-amendment home-entry law-enforcement-procedure payton-standard payton-v-new-york probable-cause reasonable-suspicion Does the Fourth Amendment require police officers to have probable cause to believe that a suspect is present in a home before forcing entry into that…
18-5987 Ajohntae Hammond v. United States Tenth Circuit 2018-09-14 Denied Response WaivedIFP 4th-amendment circuit-split fourth-amendment officer-safety police-discretion pretext probable-cause qualified-immunity reasonable-suspicion search-and-seizure totality-of-circumstances totality-of-the-circumstances warrantless-search Whether a police officer's fear for safety justified a warrantless search
18-325 Thomas F. Gehrmann, et al. v. United States Tenth Circuit 2018-09-13 Denied Response Waived appellate-review exculpatory-evidence fourth-amendment franks-doctrine franks-v-delaware material-omissions probable-cause search-warrant standard-of-review waiver Whether Franks applies to material omissions and whether probable cause is vitiated and the entire affidavit and search warrant are invalid if omitted…
18-5973 Alvin Ramirez-De Jesus v. United States First Circuit 2018-09-13 Denied Response WaivedIFP 18-usc-3553(a) booker-standard criminal-procedure drug-conspiracy exclusionary-rule fourth-amendment probable-cause probation-revocation procedural-reasonableness reasonable-suspicion search-and-seizure sentencing-factors sentencing-guidelines substantive-reasonableness supervised-release Whether the First Circuit erred in affirming the district court's denial of the petitioner's motion to suppress evidence obtained in violation of the …
18-5936 Terrance D. Johnson v. Randall Williams, Warden Fourth Circuit 2018-09-12 Denied IFP evidence-preservation exigent-circumstances fourth-amendment law-enforcement probable-cause search-and-seizure vehicle-search Whether the Fourth Amendment prohibits law enforcement officers from conducting a warrantless search and seizure of a vehicle based solely on probable…
18-5927 J. A. v. New Jersey New Jersey 2018-09-10 Denied Response WaivedIFP attenuation coolidge-v-new-hampshire fourth-amendment fourth-amendment-search fruit-of-the-poisonous-tree illegal-entry lustig-v-united-states probable-cause reasonable-foreseeability search-and-seizure state-action Did a search involve state action under the Fourth Amendment where police officers entered a home illegally, an officer there told an inquiring civili…
18-285 Missouri v. Phillip Douglass, et al. Missouri 2018-09-05 Denied Response RequestedRelisted (2) 4th-amendment civil-rights due-process exclusionary-rule fourth-amendment particularity particularity-requirement probable-cause search-and-seizure search-warrant standing warrant warrant-severability Is severance the default remedy when part of a warrant is valid, or does the Fourth Amendment also require that the valid sections make up 'the greate…
18-5901 Willis Maxi v. United States Eleventh Circuit 2018-09-05 Denied Response WaivedIFP 4th-amendment attenuation-doctrine civil-rights due-process evidence-suppression exclusionary-rule exigent-circumstances fourth-amendment illegal-search knock-and-talk law-enforcement-entry motion-to-suppress probable-cause search-and-seizure Whether the district court erred in denying petitioner's motion to suppress evidence and statement?
18-5856 David Gerard Jeep v. United States Eighth Circuit 2018-09-04 Dismissed Response WaivedRelisted (2)IFP 14th-amendment civil-procedure civil-rights district-court due-process eighth-circuit judicial-act judicial-immunity probable-cause qualified-immunity rico-act standing xiv-amendment Is the issuance, and support on appeal, of a court order without a 'reasonable probable cause' a judicial act?
18-5874 Nalenzer Lee Edwards v. United States Eighth Circuit 2018-09-04 Denied Response WaivedIFP arrest confidential-informant drug-possession eighth-circuit fourth-amendment law-enforcement probable-cause reasonable-suspicion vehicle-stop Did the Court of Appeals for the Eighth Circuit error in finding probable cause to justify a vehicle stop and the arrest of petitioner?
18-5759 Daniela Castellanos v. United States Eighth Circuit 2018-08-24 Denied Response WaivedIFP 18-usc-2518 electronic-surveillance fourth-amendment illinois-v-gates investigative-procedures officer-conclusions-opinions privacy privacy-invasion probable-cause wiretap-warrant wiretapping wiretapping-procedures-18-usc-2518 Whether the facts required to establish probable cause include conclusions and opinions of the officer applying for the wiretap warrant
18-5705 George Easterly v. Florida Florida 2018-08-23 Denied Response WaivedIFP criminal-procedure exculpatory-evidence impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining plea-voluntariness postconviction-relief probable-cause probable-cause-affidavit search-and-seizure search-warrant voluntariness-of-plea Whether the Florida Court of Appeals unreasonably applied this Court's precedent
18-5718 James Willis Campbell, Sr. v. Virginia Virginia 2018-08-23 Denied Relisted (2)IFP 4th-amendment appellate-procedure appellate-review civil-rights constitutional-law criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction probable-cause search-and-seizure search-warrant standard-of-review Did the Supreme Court of Virginia err in reversing the Court of Appeals of Virginia's ruling and affirming the judgment of the trial court?
18-218 Trey Beam v. Robert F. Abercrombie, Jr. Eleventh Circuit 2018-08-20 Denied 11th-circuit civil-rights due-process investigation misdemeanor probable-cause qualified-immunity willful-failure Whether an officer may lose qualified immunity based upon the allegation of willful' failure to investigate even when the officer has established at l…
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…
18-5587 Bobby Joe Rosa v. United States Fifth Circuit 2018-08-14 Denied Response WaivedIFP 4th-amendment 5th-amendment 6th-amendment confidential-informant criminal-procedure exclusionary-rule fifth-amendment fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant sixth-amendment Whether the Fifth Circuit erred in affirming the denial of the motion to suppress evidence under the good faith exception despite the lack of probable…
18-5588 Juan Manuel Sanchez-Jara v. United States Seventh Circuit 2018-08-14 Denied Response WaivedIFP cell-site-simulator fourth-amendment fourth-amendment-search privacy probable-cause residence surveillance warrant Whether location of a cell phone user in his residence through use of a cell site simulator, without a probable cause warrant, but with a 'warrant and…
18-5542 Stephen Mayer v. United States Eleventh Circuit 2018-08-10 Denied Response WaivedIFP appellate-review civil-procedure criminal-procedure due-process forfeiture fraud judicial-procedure law-of-the-case prosecutorial-fraud prosecutorial-misconduct remand vacatur Whether the finding of fact prior to vacating the forfeiture order becomes 'Law-of-the-Case' upon remand
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?
18-5471 Roman Gabriel Contreras v. United States Ninth Circuit 2018-08-06 Denied Response WaivedIFP appellate-procedure civil-procedure civil-procedure-rules constitutional-rights dog-sniff due-process federal-rules-of-appellate-procedure judicial-discretion precedent probable-cause procedural-rules search-and-seizure standing vagueness Does the Appellate Court need to follow rules? Or are they allowed to circumvent established procedure?
18-5406 Orlando G. McDaniel v. United States District of Columbia 2018-08-01 Denied Response WaivedIFP constitutional-rights court-of-appeals exclusionary-rule fourth-amendment police-powers precedent probable-cause scope-of-search search-and-seizure search-warrant seizure Whether the police exceeded the scope of the search warrant and seized additional items in violation of the Fourth Amendment
18-145 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…
18-5389 Torrick Johntrelle Rodgers v. United States Fourth Circuit 2018-07-30 Denied Response WaivedIFP exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree fruits-of-poisonous-tree ineffective-assistance-counsel ineffective-assistance-of-counsel plea-bargaining probable-cause prosecutorial-misconduct search-and-seizure search-warrant sentencing warrant Whether the district court should have suppressed all of the fruits of the poisonous tree based upon the found to be corrupted officials and the illeg…
18-117 Brian Grimm v. Maryland Maryland 2018-07-27 Denied Response Waived appellate-review constitutional-law dog-sniff fourth-amendment probable-cause reliability search-and-seizure standard-of-review When a defendant challenges the reliability of a dog's reported alert to the possible presence of drugs in a vehicle, what standard of appellate revie…
18-5371 Michael Ellis v. Illinois Illinois 2018-07-27 Denied IFP appellate-review case-remand constitutional-challenge criminal-procedure due-process,criminal-procedure,probable-cause,forf forfeiture forfeiture-doctrine people-v-gaines probable-cause probable-cause,forfeiture,unconstitutional-statute statutory-interpretation teague-v-lane unconstitutional-statute Did the State forfeit the claim, reliance or remedy of Michigan v. DeFillippo, 443 U.S. 1 and U.S. v Charles, 801 F.3d 855 (7th Cir.) of an unconstitu…
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…
18-5296 Todd Rasberry v. United States First Circuit 2018-07-20 Denied Response RequestedResponse WaivedRelisted (2)IFP consent fourth-amendment home-privacy home-search probable-cause search-and-seizure terry-stop terry-v-ohio warrant-requirement warrantless-search Whether the government can circumvent a home occupant's consent by invoking Terry v. Ohio to search the home and person without a warrant
18-5306 Ramiah Jefferson v. United States Sixth Circuit 2018-07-20 GVR Relisted (3)IFP cell-phone cell-phone-search fourth-amendment gang-activity probable-cause riley-v-california search-warrant zurcher-v-stanford-daily Whether an application for a search warrant to examine the contents of a cell phone seized incident to an arrest must show more to establish probable …
18-5249 Kristian Thomas v. United States Tenth Circuit 2018-07-17 Denied Response WaivedIFP active-warrant arrest-procedure due-process failure-to-appear fourth-amendment law-enforcement misdemeanor-arrest misdemeanor-arrest-warrant misdemeanor-warrant probable-cause reasonable-caution warrant-confirmation Does the Fourth Amendment require prudence or reasonable caution so that before exercising a misdemeanor arrest warrant for failure to appear, a week-…
18-58 Edward Jaimaal Price v. United States Fourth Circuit 2018-07-11 Denied Response Waived 4th-amendment constitutional-rights evidence-suppression exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-seizure motion-to-suppress probable-cause search-and-seizure standard-of-review Whether the evidence seized during the illegal search and seizure should be suppressed
18-48 Minnesota v. Quentin Todd Chute Minnesota 2018-07-09 Denied Response RequestedResponse WaivedRelisted (2) curtilage fourth-amendment knock-and-talk plain-view plain-view-doctrine probable-cause reasonable-expectation-of-privacy reasonable-suspicion search search-and-seizure Whether the Fourth Amendment prohibits police officers from engaging in knock-and-talks to gather evidence, and whether officers can inspect evidence …
18-5151 James G. Yahnke v. North Dakota North Dakota 2018-07-06 Denied IFP 4th-amendment blood-test civil-rights consent constitutional-rights drunk-driving due-process fourth-amendment implied-consent probable-cause search-and-seizure warrantless-search Whether the Fourth Amendment prohibits warrantless blood tests for drunk driving, where a motorist has not consented to the blood test
18-5142 Robert Jay Heximer v. Michigan Michigan 2018-07-05 Denied IFP 4th-amendment civil-rights constitutional-rights criminal-procedure criminal-procedure-4th-amendment-exclusionary-rule due-process exclusionary-rule fourth-amendment illegal-detention jurisdiction probable-cause standing subject-matter-jurisdiction Whether the evidence acquired during Mr. Heximer's illegal detention is inadmissible under clearly-established law
18-5004 Tremayne Antwane Mitchell v. United States Fourth Circuit 2018-06-28 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment curtilage evidence-suppression exclusionary-rule fourth-amendment franks-hearing franks-v-delaware good-faith-exception police-search probable-cause reasonable-expectation-of-privacy search-and-seizure standing warrantless-search Whether the police officers unlawfully searched the petitioner's apartment by trespassing on the curtilage and sniffing the window and doorframe
18-5023 Glenn Edwards v. United States Third Circuit 2018-06-28 Denied Response WaivedIFP civil-procedure civil-rights due-process fourth-amendment free-speech ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence probable-cause search-warrant staleness standing takings Whether the district court abused its discretion in denying petitioner's motion to suppress evidence used to obtain a search warrant, violating the pe…