search-warrant

304 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-7147 Francisco Soria v. United States Ninth Circuit 2026-04-06 Pending IFP circuit-split fourth-amendment overbreadth search-warrant suppression-of-evidence warrant-execution When officers executing a search warrant realize the warrant is overbroad but are unable to narrow its scope, may they continue to rely on that warran…
25-7109 Jaquan Hall v. Ohio Ohio 2026-03-25 Pending IFP confrontation-clause due-process fair-trial fourth-amendment search-warrant sixth-amendment ".. .Due Process. .." 1. In a criminal case, when the prosecution introduce evidence at trial where law enforcement cannot identify or verify the evid…
25-7096 Douglas Dean Scyphers v. Washington Washington 2026-03-24 Pending IFP fourteenth-amendment-due-process fourth-amendment habeas-corpus-2254 newly-discovered-evidence search-warrant suppression-of-evidence 1) . Does evidence qualify as newly discovered and material under federal standards when a defendant discovers evidence post-trial - including stat…
25A1010 Minnesota v. Seneca Warrior Steeprock Minnesota 2026-03-16 Application buccal-swab DNA-evidence fourth-amendment inevitable-discovery-doctrine nontestimonial-identification-order search-warrant Question not identified.
25-6973 Fabian Hernan Hernandez v. United States Fifth Circuit 2026-03-06 Pending Response WaivedIFP confidential-informant fourth-amendment good-faith-exception motion-to-suppress probable-cause search-warrant Did the affidavit in support of a search warrant include enough information about the veracity or reliability of the confidential informant to supply …
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…
25-6694 Donny Ray Moreno v. United States Ninth Circuit 2026-02-03 Denied 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…
25-869 James T. Weiss v. United States Seventh Circuit 2026-01-21 Denied Response Waived custodial-interrogation detention-scope due-process law-enforcement-authority miranda-warnings search-warrant In Michigan v. Summers, 452 U.S. 692, 704–05 (1981), this Court held that pursuant to a lawfully executed search warrant, officers have a limited auth…
25-6548 Nathan Cooper v. Rhode Island Rhode Island 2026-01-12 Denied 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…
25-800 Matthew Scott Rocco v. United States Fourth Circuit 2026-01-07 Denied Response Waived bailey-precedent fourth-amendment geographical-restriction law-enforcement probation-officer search-warrant Does it violate the Fourth Amendment when, during the execution of a residential search warrant, law enforcement subverts the geographical restriction…
25-797 Steven J. Hecke v. United States Seventh Circuit 2026-01-07 Denied 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…
25-6366 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…
25-6310 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…
25-6057 Katrina Lawson v. United States Eleventh Circuit 2025-11-06 Denied Response WaivedIFP cell-phone-seizure exigent-circumstances fourth-amendment search-warrant unreasonable-search warrantless-search 1. Whether the i warrantless seizure of a cell phone from a private closet during a lawful arrest, without either a warrant, or the owner's consent …
25-5977 Dwayne Ernest Wharton v. Texas Texas 2025-10-28 Denied Response WaivedIFP criminal-procedure evidence-admissibility fourth-amendment gps-tracking search-warrant third-party-doctrine Does a violation of the Fourth Amendment, as enunciated in this Court's holdings in Carpenter v. United States, 138 U.S. 2206 (2018) and United States…
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 …
25-5919 Kevin Griffin v. New York New York 2025-10-21 Denied Response WaivedIFP brady-violation criminal-procedure due-process false-testimony fourteenth-amendment search-warrant 1. Did the State Courts error by denying Petitioner 's Fourteenth Amendment 's Due process rights by the State's knowing use of false testimony and th…
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…
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 Question not identified.
25-5468 Robert A. Moylan v. Illinois Illinois 2025-08-26 Denied Response WaivedIFP confidential-communications criminal-investigation fourth-amendment overbroad-seizure patient-privacy search-warrant (1) Whether the investigation of misconduct by a substance abuse counselor justifies the search warrant seizure of all of the counselor's patient file…
25-5453 George T. Rodgers, aka Gary Adams, aka Jeffrey Reid, aka Jim Johnson v. New Jersey New Jersey 2025-08-22 Denied IFP body-worn-camera exculpatory-evidence grand-jury identification-error perjury search-warrant 1. Detective Josh Pavlov of the Bordentown Township Police Dept, applied for and obtained a search warrant for the home of the defendant's father unde…
25-5431 Jason Cornell Matlock v. Indiana Indiana 2025-08-22 Denied Response WaivedIFP drug-investigation fourth-amendment probable-cause reasonable-inference search-warrant surveillance Under the Fourth Amendment, is there a sufficient nexus to support probable cause to search a citizen's house when a drug dealer briefly parks near th…
25-5413 Raymond Ronald Jennings v. United States Fourth Circuit 2025-08-20 Denied Response WaivedIFP fourth-amendment good-faith-exception informant-credibility probable-cause reckless-disregard search-warrant Did the officer omit from his probable cause affidavit information concerning the two informant's credibility that could infer reckless disregard for …
25-5406 Malgum Whiteside, Jr. v. United States Sixth Circuit 2025-08-19 Denied Response WaivedIFP criminal-procedure evidence-suppression fourth-amendment law-enforcement probable-cause search-warrant I. Mr. Whiteside moved to suppress the evidence related to the firearms because the affidavit did not establish a nexus. Did the district court improp…
25-5393 Ross Farca v. California California 2025-08-18 Denied IFP assault-weapon constitutional-challenge due-process mens-rea search-warrant second-amendment I. Is California's Assault Weapon Control Act: §30605, §30600, §30800 & §30950 constitutional, especially when Prosecution "Firearm Expert" conceded t…
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 1. Did the Fourth Circuit Court of Appeals construe the "Joint-Venture " doctrine too narrowly to comply with constitutional protections? 2. Should t…
25A105 Ismael Bimbow v. United States Second Circuit 2025-07-25 Presumed Complete due-process evidence-suppression exigent-circumstances fourth-amendment search-warrant warrantless-search Question not identified.
25-5173 Douglas Dean Welsh v. Bobbi Salamon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2025-07-22 Denied IFP confrontation-clause constitutional-violation cross-examination due-process ineffective-assistance search-warrant A. DID THE DISTRICT COURT ERROR IN RULING THAT PETITIONER'S FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS, AND SIXTH AMENDMENT RIGHT TO CONFRONTATION WAS…
25A55 Dawn Eagle Feather Floyd v. United States Eighth Circuit 2025-07-14 Presumed Complete drug-offenses fourth-amendment probable-cause search-warrant standing suppression-motion Question not identified.
25-5047 Michael Francis v. United States First Circuit 2025-07-08 Denied Response WaivedIFP fourth-amendment informant-reliability judicial-integrity law-enforcement-misconduct probable-cause search-warrant Were Petitioner's Fourth Amendment rights violated when an FBI Agent, acting on information from an informant, obtained a search warrant for Petitione…
24-7383 In Re Robert Timothy Blake 2025-06-09 Denied IFP constitutional-rights due-process evidence-tampering habeas-corpus ineffective-counsel search-warrant Were the constitutional rights of Robert Timothy Blake violated when his Trial Attorney failed to notice/ dispute/or Challenge the validity of the Sea…
24-1152 Gregory Garcia v. New Jersey New Jersey 2025-05-09 Denied Response Waived affidavit criminal-defendant franks-hearing government-agent legal-defenses search-warrant Whether a criminal defendant is entitled to a Franks hearing when he presents specific and concrete evidence that the government agent who presented t…
24-6790 Saul Douglas Briggs v. United States Sixth Circuit 2025-03-18 Denied Response WaivedIFP criminal-procedure fourth-amendment good-faith-exception probable-cause search-warrant sixth-circuit 1. Whether this Honorable Court should grant certiorari to review whether the Sixth Circuit's determination that the good faith exception applies to t…
24-988 Jorge Vasquez v. Superior Court of California, Tulare County, et al. California 2025-03-17 Denied Response Waived exclusionary-rule fourth-amendment good-faith-exception law-enforcement probable-cause search-warrant Can law enforcement's failure to state any facts whatsoever to establish probable cause to believe that there was evidence of a crime or contraband at…
24-6637 Roger Moss v. United States Tenth Circuit 2025-02-25 Denied Response WaivedIFP criminal-procedure drug-trafficking fourth-amendment law-enforcement probable-cause search-warrant Courts generally recognize that probable cause to believe a person committed a crime does not alone establish probable cause to search their home. How…
24-863 Wanda L. Edwards v. South Dakota South Dakota 2025-02-12 Denied fourth-amendment passenger-rights probable-cause search-warrant traffic-stop vehicle-search When police officers have probable cause to believe that a stopped car contains contraband, they may search containers in the car, including a purse s…
24-851 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 1. In the context of a Franks challenge, when evaluating whether an alleged omission was necessary to a finding of probable cause, may a court supplem…
24-6423 Davonte Laron Chaney v. United States Tenth Circuit 2025-01-30 Denied Response WaivedIFP affidavit false-statements fourth-amendment materiality probable-cause search-warrant 1. DID THE SEARCH WARRANT AFFIDAVIT ESTABLISH PROBABLE CAUSE WHEN THE AFFIANT MADE MATERIALLY FALSE STATEMENTS IN THE AFFIDAVIT?
24-798 Kay E. Anderson v. Nebraska Nebraska 2025-01-27 Denied Response Waived constitutional-rights criminal-conviction evidence-suppression fraudulent-misrepresentation search-warrant state-statute Whether a party can be convicted of a crime based upon evidence obtained under a search warrant that was declared invalid because it was procured by f…
24-6295 Rashawn Tyriq Perkins v. United States Fourth Circuit 2025-01-14 Denied Response WaivedIFP cell-phone fourth-amendment location-data particularity-requirement reasonable-reliance search-warrant 1. Whether the court of appeals correctly determined that a search warrant for collection of real time location data from Petitioner's cell device ove…
24-6259 Kenneth Wayne Gilmore v. United States Eighth Circuit 2025-01-10 Denied Response WaivedIFP armed-career-criminal-act due-process fifth-amendment marijuana-probable-cause search-warrant sixth-amendment 1. Whether the isolated smell of marijuana--a drug that is legal for recreational use in many states and legal for medicinal use in the state of Ark…
24A648 Richard L. Lewis v. Brian Emig, Warden, et al. Third Circuit 2024-12-31 Presumed Complete constitutional-challenge extraterritorial-surveillance fourth-amendment gps-tracking probable-cause search-warrant Question not identified.
24-681 Konstadin Bitzas v. New Jersey New Jersey 2024-12-26 Denied Response Waived due-process emergency-caretaker fourth-amendment pro-se-representation probable-cause search-warrant 1. Under Franks v. Delaware , 438 U.S. 154 (1978), do defects in the search warrant application process, including failure to satisfy the oath require…
24-6201 Christopher Jeorge Millican v. United States Ninth Circuit 2024-12-26 Denied Response WaivedIFP confrontation-clause criminal-procedure hearsay search-warrant sixth-amendment testimonial-evidence Whether the Confrontation Clause allows the admission at trial—without confrontation of the declarant—of documents created in response to a search war…
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…
24-5978 In Re Marquis Deron Heard 2024-11-15 Denied Response WaivedIFP 2255-motion federal-prisoner mandamus-relief pro-se-petition search-warrant sixth-circuit 1.) If the petitioner had two appeals on his 2255 motion and the second appeal was correct under Fed. R. App. P. (4) (a) (4) (a) (IV), does law-of-the…
24-519 Eunice Bisong Nkongho v. United States Fourth Circuit 2024-11-06 Denied Response Waived border-search criminal-investigation electronic-media fourth-amendment law-enforcement search-warrant I. Whether the scope of the border exception to the Fourth Amendment extends to a seizure and search for information about a crime? II. Whether th…
24-5864 Antwone Miguel Sanders v. United States Sixth Circuit 2024-10-30 Denied Response WaivedIFP due-process fourth-amendment leon-exception nexus probable-cause search-warrant I. Whether the search warrant affidavit in this case failed to establish the requisite nexus to permit a search of a private residence? II. Whether t…
24-473 Karen Jimerson, et al. v. Mike Lewis Fifth Circuit 2024-10-29 Denied Amici (2)Relisted (4) circuit-split constitutional-rights fourth-amendment law-enforcement qualified-immunity search-warrant Whether Maryland v. Garrison clearly established that officers violate the Fourth Amendment when they search the wrong house without checking the addr…
24-5801 In Re Frank Edwin Pate 2024-10-24 Denied IFP constitutional-rights due-process federal-courts habeas-corpus judicial-procedure search-warrant Can lower courts, delay and deny access to Habeas Corpus, and maintain Constitutional adherence's to such right?1) Can a Person break Federal law, w…
24-5773 Sedric Q. Sutton v. Charlton Smith, et al. Fifth Circuit 2024-10-17 Denied Relisted (2)IFP constitutional-violation drug-possession fourth-amendment illegal-seizure search-warrant summary-judgment Whether the United States Court of Appeals for the Fifth Circuit erred in granting the Motion for Summary Judgment denying Damages for an Illegal Sear…
24-5761 Jamie Christopher Henderson v. United States Fourth Circuit 2024-10-15 Denied Response WaivedIFP corroboration criminal-charge drug-trafficking-conspiracy independent-evidence law-enforcement-statement search-warrant Did the Government prove a drug trafficking conspiracy where the evidence the Government offered to corroborate the defendant's statement to law enfor…
24-5757 Damian Cortez v. United States First Circuit 2024-10-15 Denied Response WaivedIFP circuit-split fourth-amendment franks-hearing offer-of-proof probable-cause search-warrant 1. Whether this Petition Should Be Granted to Resolve a Conflict Between the Decision Below and Decisions of the Eighth, Ninth, and Tenth Circuits tha…
24-5513 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 1. May a search warrant affiant take advantage of the Good Faith Exception under Leon when he or she lacks subjective good faith when submitting an af…
24-5335 Valentino Cabral Darosa v. United States Fourth Circuit 2024-08-16 Denied Response WaivedIFP circuit-split expert-testimony federal-rules-of-evidence fingerprint-evidence good-faith-exception search-warrant A WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT'S DECISION IN UNITED STATES V. DAROSA IS IN CONFLICT WITH THE DECISIONS OF OTHER U…
24-5278 Mark Manuel Angeles Marino v. United States Eleventh Circuit 2024-08-08 Denied Response WaivedIFP fifth-amendment fourth-amendment probable-cause search-warrant self-incrimination sentencing-hearing I. Whether a defendant's Fifth Amendment privilege against self-incrimination was violated where a sentencing court draws an adverse inference regardi…
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 1. Isa prejudicial joinder concerning unrelated counts a fundamental violation of One's constitutional right to a fair trial, if the facts of one inci…
24A74 Curtrina Martin, Individually and as Parent and Next Friend of G.W., a Minor, et al. v. United States, et al. Eleventh Circuit 2024-07-22 Presumed Complete discretionary-function federal-tort-claims-act fourth-amendment qualified-immunity search-warrant supremacy-clause First, does the FTCA's discretionary function exception immunize the United States from liability for torts committed by its law enforcement officers …
24A55 Karen Jimerson, et al. v. Mike Lewis Fifth Circuit 2024-07-17 Presumed Complete clearly-established-law fourth-amendment qualified-immunity reasonable-efforts search-warrant wrong-house-raid Does an officer violate clearly established law when he executes a search warrant at the wrong house without ascertaining the address or conspicuous f…
24-5092 Moises Orlando Zelaya-Veliz, Jose Eliezar Molina-Veliz, Luis Alberto Gonzales, Gilberto Morales, and Jonathan Rafael Zelaya-Veliz v. United States Fourth Circuit 2024-07-16 Denied IFP digital-privacy facebook-data fourth-amendment government-scrutiny probable-cause search-and-seizure search-warrant social-media temporal-limitation warrant 1. Does the Fourth Amendment prohibit the issuance of apparent "all-data" warrants for Facebook accounts without any temporal limitation whatsoever, w…
24-5074 Charles Brian O'Neill v. United States Sixth Circuit 2024-07-15 Denied Response WaivedIFP 4th-amendment exclusionary-rule fourth-amendment good-faith good-faith-exception law-enforcement probable-cause search-warrant suppression Do the deficiencies in the search warrants and their supporting affidavits merit good faith protection from the exclusionary rule?
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 1) Of Ficers Had Wo Probable Cavsé far Zhe Stop. 775 hecessérg Or hot 7 2) There Was Mo Searth Wwatrant Fir the Car. The Reasonas/é? 32) Fheré Was i…
23-7831 In Re Olamide Olatayo Bello 2024-06-28 Denied IFP 14th-amendment 4th-amendment 5th-amendment civil-rights criminal-procedure due-process fourth-amendment search-and-seizure search-warrant Whether a search warrant and seizure violate the Petitioner's Fourth Amendment and due process rights.
23-1355 Kris V. Zocco v. Wisconsin Wisconsin 2024-06-28 Denied Response Waived cell-phone-search criminal-procedure enumerated-crimes evidence evidence-seizure fourth-amendment particularity-requirement search-and-seizure search-warrant Does a warrant to search the entire contents of a cell phone for unspecified "evidence" of enumerated crimes violate the Fourth Amendment's requiremen…
23-1343 Darwin Quinones-Pimentel, et al. v. Nicholas W. Cannon, et al. First Circuit 2024-06-26 Denied Response Waived bivens-action civil-rights constitutional-tort federal-agents fourth-amendment frank-v-delaware monetary-damages search-warrant I. WHETHER A BIVENS ACTION BE MAINTAINED AGAINST FEDERAL AGENTS AND ACTORS WHEN A SEARCH WARRANT IS OBTAINED IN VIOLATION OF THE DOCTRINE ESTABLISHED …
23-7751 Montel Westley v. United States Sixth Circuit 2024-06-18 Denied Response WaivedIFP affidavit civil-procedure-4th-amendment-search-warrant-affid due-process perjury protective-sweep search-warrant warrant-execution 1. GIVEN THE AFFIDAVIT FOR THE ORIGINAL SEARCH WARRANT FILED HEREIN ADMITTEDLY CONTAINED OUTRIGHT LIES REGARDING THE SOLE EVIDENCE THAT NEXUSED MONTEL…
23-1311 Charles W. Washington v. Louisiana Louisiana 2024-06-14 Denied affidavit drug-activity fourth-amendment oral-testimony probable-cause search-warrant sgro-precedent time-delay warrant-application 1. Whether the mandates announced in Sgro v. United States, 287 U.S. 206, (1932) were violated when the trial judge granted a search warrant despite t…
23-7713 Calvin K. Wilson v. Florida Florida 2024-06-13 Denied Response WaivedRelisted (2)IFP exclusionary-rule false-statements fourth-amendment franks-v-delaware judicial-integrity law-enforcement probable-cause search-warrant The Fourth Amendment exclusionary Rule serves another vital function- the imperative of judicial integrity. In Franks u. Delaware , 438 U.S. at 186, 5…
23-1255 Dephne Nguyen Wright v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2024-05-30 Denied certificate-of-appealability federal-habeas fourth-amendment habeas-corpus harmless-error ineffective-assistance-of-counsel probable-cause search-warrant L Whether the U.S. Court of Appeals for the Fifth Circuit and district court applied too demanding of a standard governing issuance of a certificate o…
23A1041 Charles Brian O'Neill v. United States Sixth Circuit 2024-05-22 Presumed Complete exclusionary-rule fourth-amendment good-faith-exception material-misrepresentation probable-cause search-warrant Question not identified.
23-7416 Christopher J. Pratt v. United States Second Circuit 2024-05-08 Denied Response WaivedIFP 4th-amendment circuit-court-split circuit-split fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant staleness standard-of-review 1) Did the Second Court of Appeals err when they failed to apply their own standards under United States v. Raymonda, 780 F.3d 105 (2nd Cir. 2015), w…
23-7321 Bentley Streett v. United States Tenth Circuit 2024-04-26 Denied IFP exclusionary-rule fourth-amendment good-faith-exception inevitable-discovery probable-cause search-and-seizure search-warrant warrant-defect warrant-requirement Before government agents can search a private home, the Fourth Amendment generally requires them to obtain a warrant supported by probable cause. Here…
23-7215 David Hueston v. United States Seventh Circuit 2024-04-12 Denied Response WaivedIFP attorney-client-privilege evidentiary-weight fourth-amendment franks-hearing franks-v-delaware officer-affiant probable-cause prosecutorial-consultation prosecutorial-discretion search-and-seizure search-warrant In determining whether a Franks violation occurred, whether a reviewing court may place substantial evidentiary weight on an officer-affiant's consult…
23-7134 Daniel Louis Jackson v. United States Eighth Circuit 2024-04-04 Denied Response WaivedIFP appellate-review civil-procedure cole-application due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default search-and-seizure search-warrant standard-of-review Can reviewing judge rely on information not provided to the issuing judge for determining whether substantial basis exists showing do the McCleskey su…
23-7087 Natasha Bates, aka Tasha Bates v. Tennessee Tennessee 2024-03-27 Denied IFP 4th-amendment 6th-amendment criminal-procedure evidence fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment 1. Did the trial court commit reversible error by failing to grant Petitioner's post conviction relief because of the introduction of evidence at her …
23-6990 Kristopher Dean Putnam v. United States Fifth Circuit 2024-03-15 Denied Response WaivedIFP cell-phone cell-phone-search exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant In Riley v. California, 573 U.S. 373 (2014), the Court held that police officers must generally obtain a warrant before searching a cell phone seized …
23A831 Bentley Streett v. United States Tenth Circuit 2024-03-11 Presumed Complete circuit-split exclusionary-rule fourth-amendment inevitable-discovery search-warrant warrant-requirement Whether and how the inevitable-discovery doctrine applies to a defective warrant.
23-6742 Alexander D. Pennington v. United States Fifth Circuit 2024-02-14 Denied Response WaivedIFP 5th-amendment 5th-amendment-rights 5th-circuit criminal-investigation criminal-procedure custody fifth-amendment interrogation miranda-rights search-warrant Under the Fifth Amendment, is a suspect in a criminal investigation "in custody" when he is ordered out of his residence by armed agents who broke dow…
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.
23A655 Kristopher Dean Putnam v. United States Fifth Circuit 2024-01-17 Presumed Complete cell-phone-search exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant Question not identified.
23-6430 Nicholas Dwayne Jones v. United States Eighth Circuit 2024-01-08 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ex-parte fifth-amendment fourth-amendment search-warrant truthfulness Does a defendant in a criminal proceeding, still retain the right under the Fourth and Fourteenth Amendment under the United States Constitution, subs…
23A612 Thurmond Allen v. Pennsylvania Pennsylvania 2024-01-03 Presumed Complete firearm-possession fourth-amendment hearsay-evidence probable-cause search-warrant warrantless-search Question not identified.
23-6158 Derrick Hunt v. United States Eleventh Circuit 2023-12-06 Denied Response WaivedIFP 4th-amendment child-pornography criminal-procedure evidence fourth-amendment motion-to-suppress probable-cause search-and-seizure search-warrant Did the District Court abuse its discretion in denying Defendant's Motion to Suppress the Search of his computer when the Police searched pursuant to …
23-6032 James William Thomas, III v. United States Fourth Circuit 2023-11-16 Denied Response WaivedIFP 4th-amendment common-law-presumption-of-ownership fourth-amendment property-seizure reasonable-expectation-of-privacy reasonable-expectation-privacy search-and-seizure search-warrant standing trespassory-test Whether a defendant has standing to challenge the search of property seized from his residence pursuant to a search warrant based upon both the common…
23-6006 Delando Johnson v. United States Sixth Circuit 2023-11-14 Denied Response WaivedIFP drug-investigation fourth-amendment good-faith-exception leon-exception nexus nexus-requirement probable-cause residential-search search-warrant 1. Whether an application for a warrant to search a home for drugs must contain objective evidence of a nexus between the evidence sought and the resi…
23A360 Michael S. Barth v. United States Eleventh Circuit 2023-10-23 Denied constitutional-intervention first-amendment judicial-records public-access search-warrant special-counsel Question not identified.
23-5827 Keiron K. Sneed v. Illinois Illinois 2023-10-17 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP contents-of-mind digital-privacy fifth-amendment fisher-v-united-states foregone-conclusion passcode passcode-compulsion search-warrant self-incrimination Petitioner Keiron Sneed was charged with forgery related to the mobile deposit of two checks from a Dairy Queen at which his wife was employed. Police…
23-5718 Adam Neftali Santana v. United States Third Circuit 2023-10-04 Denied Response WaivedIFP 4th-amendment conspiracy-charge criminal-indictment criminal-procedure evidence evidence-sufficiency firearm-possession motion-to-suppress search-warrant standing 1. Did the Court err when it denied Petitioner's Motion to Suppress the evidence obtained through the execution of the contingency search warrant? 2.…
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…
23-5490 Franklin Paul Eller, Jr. v. United States Ninth Circuit 2023-08-31 Denied Response WaivedIFP circuit-split exclusionary-rule fourth-amendment fourth-amendment-violation probable-cause search-warrant severance-doctrine warrant-overbreadth (1) Is severance of any overbroad warrant a permissible exception to the exclusionary rule; and if so, (2) What it is the appropriate method to deter…
23A167 Erik Carrasco v. Terry Henkell Fifth Circuit 2023-08-24 Denied affidavit exculpatory-information fourth-amendment omission qualified-immunity search-warrant Question not identified.
23-5378 Frank J. Capozzi v. United States Third Circuit 2023-08-17 Denied Response WaivedIFP constitutional-violation fourth-amendment franks-hearing fraud-on-court fraud-on-the-court miscarriage-of-justice probable-cause search-warrant I. Was the State search warrant obtained based on fraudulent, deceptive, misleading, and omitted statements that Magistrate Judge Richard Cronauer r…
22-7853 Carlos Miguel Concepcion-Guliam v. United States First Circuit 2023-06-26 Denied Response WaivedIFP arrest criminal-procedure detention fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure search-warrant Should a writ of certiorari be granted to clarify whether an exception to the Fourth Amendment can be applied randomly or if law enforcement officers …
22-1121 Kamaladoss Selvam v. United States, et al. Second Circuit 2023-05-17 Denied Response Waived administrative-law administrative-warrant civil-procedure drug-enforcement fda-jurisdiction federal-agencies law-enforcement search-and-seizure search-warrant statutory-interpretation subpoena-power 1. Whether Food and Drug Administration (FDA) has jurisdiction to enforce Drug Abuse Prevention and Control Act? 2. Whether Food and Drug Administrat…
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…
22-1064 Dephne Nguyen Wright v. Texas Texas 2023-05-02 Denied Response Waived fourth-amendment habeas-corpus ineffective-assistance probable-cause search-warrant stale-evidence stale-information Whether the Texas courts' misapplication of this Court's precedent concerning "stale" search warrants requires a remand for reconsideration of petitio…
22-7401 Brandon Quane Hudson v. United States Fourth Circuit 2023-04-28 Denied Response WaivedIFP 4th-amendment criminal-procedure drug-trafficking fourth-amendment good-faith-exception magisterial-review magistrate-review probable-cause search-and-seizure search-warrant In this case, police executed a search warrant at a person's home based solely on the fact that said person was involved in the sale of drugs, when ot…
22-7370 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 1. WHETHER THE POLICE ENTERING A RESIDENCE TO EXECUTE A SEARCH WARRANT MUST POSSESS PROBABLE CAUSE THAT THE PERSON THEY ARE SEEKING IS INSIDE THE RESI…
22-7340 Damorius D. Gaines v. Geoffrey Benedict Eaton, et al. Fourth Circuit 2023-04-20 Denied IFP 4th-amendment 6th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment ineffective-assistance-of-counsel search-warrant 1. Did Magistrate Judge Geoffrey Eaton err in violating the Fourth Amendment, Search and Seizure; probable Cause. By Signing arrest warrant without a …
22-7264 Corey Shamon McKinney v. United States Tenth Circuit 2023-04-12 Denied Response WaivedIFP 4th-amendment civil-rights criminal-procedure drug-possession evidence-suppression fourth-amendment franks-v-delaware probable-cause search-warrant standing Question 1: Did a illegal search and seizute takeplace?
22-7097 Monta Olander Jordan v. United States Fourth Circuit 2023-03-24 Denied Response WaivedIFP 4th-amendment exclusionary-rule fourth-amendment good-faith-exception gps-tracking leon-exception probable-cause search-and-seizure search-warrant Whether The Court Of Appeals Misapplied United States v. Leon , 468 U.S. 897 (1984) When It Affirmed The District Court's Refusal To Suppress All Evid…
22-6813 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 After Petitioner pled guilty to a child pornography offense the district court awarded restitution of $10,000 to one victim, over Petitioner's objecti…
22-6777 Fharis Denane Smith v. United States Sixth Circuit 2023-02-14 Denied IFP cell-phone circuit-split digital-privacy fourth-amendment good-faith law-enforcement-procedure probable-cause search-and-seizure search-warrant warrant-requirement To search a target's phone, does probable cause and good faith require a nexus between the target's phone and the crime demonstrated by case-specific …
22-6671 Rodney P. Mazzulla v. United States Eighth Circuit 2023-02-01 Denied Response WaivedIFP appellate-counsel appellate-procedure criminal-procedure due-process franks-hearing Franks-v-Delaware ineffective-assistance reasonable-performance search-warrant Strickland-v-Washington I. Does trial counsel render ineffective assistance when counsel fails to request a mid-trial Franks v. Delaware, 438 U.S. 154 (1978) hearing when the…
22-6623 Jarmell Raymond Mayweather v. United States Eighth Circuit 2023-01-25 Denied Response WaivedIFP brady-violation due-process evidence-suppression fourth-amendment franks-violation informant-falsification prosecutorial-misconduct search-warrant I.) Whether the government omission of evidence that was contrast affiant's Search Warrant Application (Hereafter "SWA") statements constituted a Brad…
22-640 David Wellington v. Fernando Daza, et al. Tenth Circuit 2023-01-10 Denied Response Waived 1st-amendment 4th-amendment civil-rights content-seizure first-amendment fourth-amendment overbreadth qualified-immunity search-warrant tax-code In 2017 Respondents executed a search warrant (which had no affidavit) at Petitioner's home. It authorized a search for violations of 26 U.S.C. §7201 …
22-6449 Carl Anthony Wilson v. Texas Texas 2023-01-04 Denied IFP actual-innocence blood-draw conflict-of-interest constitutional-rights criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel search-warrant unreasonable-search-and-seizure Oh may 03/2015 atio.xH mi cuus tape u to SfniTP County Tail in Ty/erjTexus at , on Floy^Q.od.6 1 my Blood uas dracon without a searChurarraot Or Count…
22-6427 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 There has been more than enough cases in the last few decades, where search warrants that lack probable cause has been accepted by all the lower Unite…
22-6430 Alex Bugno v. Ohio Ohio 2022-12-30 Denied IFP evidence-suppression exclusionary-rule fourteenth-amendment fourth-amendment good-faith-exception particularity search-warrant seizure (I) Are Search warrants that fail to include command sections authorizing the seizure of particular items facially and fatally defective, requiring su…
22-6345 Jeffrey Johnson v. United States Seventh Circuit 2022-12-20 Denied Response WaivedIFP 21-cfr-1308.11 career-offender controlled-substance controlled-substance-analogue drug-classification motion-to-suppress schedule-1 search-and-seizure search-warrant sentencing seventh-circuit I. Whether the Seventh Circuit Court of Appeals incorrectly allowed the District Court's Determination that Furanyl fentanyl was a "controlled substan…
22-486 Texas v. John Wesley Baldwin Texas 2022-11-22 Denied 4th-amendment cell-phone cell-phone-search criminal-conspiracy fourth-amendment illinois-v-gates organized-crime probable-cause riley-standard riley-v-california search-warrant warrant-requirements In Illinois v. Gates, this Court held that a warrant's issuance "cannot be a mere ratification of the bare conclusions of others," but also that "warr…
22-6058 Justin David Martin v. United States Sixth Circuit 2022-11-15 Denied Response WaivedIFP court-of-record criminal-procedure evidence evidence-admission federal-prosecution procedural-error record search-warrant structural-error waiver 1. As Courts of the United States are Courts of Record, is it structural error for the federal Prosecution to rely upon a state search warrant for the…
22-6014 Herbert G. Green v. United States Eighth Circuit 2022-11-08 Denied Response WaivedIFP 4th-amendment evidence-admission exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-search independent-source-doctrine police-procedure search-warrant Does the independent source doctrine permit the admission of evidence found during an illegal search of a home if police later obtained a search warra…
22-5968 Grant Manaku v. United States Ninth Circuit 2022-11-01 Denied Response WaivedIFP criminal-procedure due-process fourth-amendment law-enforcement rule-41 search-warrant warrant-service When executing a search warrant, agents disassembled the ir five-page warrant , disregarded homeowners' repeated requests for a copy of the warrant , …
22-5898 Daren W. Phillips v. United States Ninth Circuit 2022-10-25 Denied Response WaivedIFP 4th-amendment civil-rights fourth-amendment government-search physical-trespass privacy privacy-expectation property-rights search-and-seizure search-warrant trespass An unwarranted governmental intrusion into a constitutionally protected area violates the Fourth Amendment's proscription of unreasonable searches if …
22-5863 Arlandis Shy v. United States Sixth Circuit 2022-10-18 Denied Response WaivedIFP 4th-amendment 6th-amendment apprendi-v-new-jersey due-process fair-trial fourth-amendment jury-instruction probable-cause search-warrant sixth-amendment unreasonable-search I. Whether the district court clearly erred by failing to properly instruct the jury, in violation of the holding in Apprendi v. New Jersey, 530 U.S. …
22-5774 Dajuan L. Banks v. Ohio Ohio 2022-10-05 Denied IFP court-of-record evidence-forgery forged-document fourth-amendment judicial-record record res-judicata search-warrant 1) ARE THE RIGHTS PROTECTED UNDER THE FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION OFFENDED WHERE AN AFFIDAVIT IN SUPPORT OF THE ISSUANCE OF A S…
22-5745 Deron Devaughn Mahone v. Georgia, et al. Eleventh Circuit 2022-10-03 Denied Response WaivedIFP 4th-amendment civil-rights due-process evidence-suppression fourth-amendment material-omission probable-cause qualified-immunity search-and-seizure search-warrant warrant-application \ tAjtfuui d CL \r<LOJSo le- (Lose h hft&uov)M<L s4-g_wJ cut Vs lc»ctrr'a-vr)' ahjVdd' /'4 4W+ 0^ -f'd"' 1-^4 -k> e,s»Wo^?4 h®- "sKou\ dde^r QJXJULS&…
22-233 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…
22-222 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 In Franks v. Delaware, 438 U.S. 154 (1978), this Court announced a rule of "limited scope" which allowed a criminal defendant to attack the veracity o…
22-5508 Hanford Chiu v. United States First Circuit 2022-09-06 Denied Response WaivedIFP criminal-procedure due-process exculpatory-evidence federal-rules-of-evidence fourth-amendment good-faith-exception probable-cause search-warrant Whether a faulty search warrant that was executed without probable cause and without a good faith exception violates Fourth Amendment protections. Wh…
22-5467 Antonio B. Moore v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-08-30 Denied IFP 6th-amendment amendment-violation appellate-record civil-procedure constitutional-rights fifth-circuit habeas-corpus ineffective-counsel search-warrant Did the Chief Deputy District Clerk ERR in excepting the search warrant and return without a prior stamp file on its face and then file it into the ap…
22-5327 Lavone Ganithus Dixon, Jr. v. United States Sixth Circuit 2022-08-10 Denied Response WaivedIFP civil-rights constitutional-procedure court-record due-process evidence-admission federal-prosecution record-of-court search-warrant structural-error 1. As Courts of the United States are Courts of Record, is it structural error for the federal Prosecution to rely upon a state search warrant for the…
22-5154 Myron Baker v. United States Sixth Circuit 2022-07-22 Denied Response WaivedIFP court-record criminal-procedure district-court evidence evidence-admission federal-prosecution record-of-court search-and-seizure search-warrant state-search-warrant structural-error As Courts of the United States are Courts of Record, is it structural error for the federal Prosecution to rely upon a state search warrant for the ad…
22-5080 Jacky Cardale Mayfield v. Oklahoma Oklahoma 2022-07-12 Denied IFP confidential-witness due-process Fourth-Amendment Fourth-Amendment-search In-camera-hearing ineffective-counsel Probable-cause search-warrant Shackling Witness-testimony P/ff^OSihovi Search ujarfarti ISSu-eJ f,tarCf w/lPPe-llosiJs Pham ujas Qf.ne.rd m toalufe cmal lheJe. far~t unlawful m UiolafhW o( 1h£ faurih AlyienAm…
22-5022 Ronald Wayne Thrasher v. United States Ninth Circuit 2022-07-05 Denied Response WaivedIFP 4th-amendment civil-rights confidential-informant due-process fourth-amendment probable-cause search-warrant self-corroboration warrant-particularity 1. When probable cause in support of a search warrant is based on the word of a confidential informant, is it sufficient for law enforcement to establ…
21-1486 Nancy Catherine Powers v. Alabama Alabama 2022-05-25 Denied Response RequestedResponse WaivedRelisted (2) fourth-amendment premises-warrant probable-cause search-and-seizure search-warrant totality-of-the-circumstances unreasonable-search visitor visitor-rights warrantless-search 1. Whether the search of a purse in the possession of a visitor present at a residence during the execution of a premises warrant violates the Fourth …
21-7865 Kra Deangelo Brooks v. United States Eighth Circuit 2022-05-13 Denied Response WaivedIFP appellate-review district-court eighth-circuit evidence-law fourth-amendment independent-source judicial-procedure murray-v-united-states national-importance search-warrant Whether, absent the presentation of evidence demonstrating an "independent source" at the district court level and absent specific findings of an "ind…
21-7812 Delton Eugene Warren v. United States Fourth Circuit 2022-05-09 Denied Response WaivedIFP circuit-split fourth-amendment judicial-officer judicial-signature original-public-meaning search-warrant starr-v-united-states warrant-clause Whether search warrants must be signed by the issuing judicial officer, or whether the First, Fourth, and Tenth Circuits' literalist interpretation of…
21-7764 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 Under Franks v. Delaware, 438 U.S. 154, 171-72 (1978), when the police deliberately mislead by omitting material information from an application for a…
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?
21-7699 Eugene Nicholson v. United States Sixth Circuit 2022-04-26 Denied Response WaivedIFP constitutional-rights exclusionary-rule fourth-amendment fourth-amendment-exclusionary-rule good-faith-exception motion-to-suppress probable-cause search-and-seizure search-warrant Question not identified.
21-7641 Jose Diaz Perez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-04-18 Denied IFP 4th-amendment constitutional-law constitutional-violation criminal-procedure due-process evidence evidence-seizure intoxication-statements search-warrant 1) Did the State of Texas and theU.S. District Court improperly hold that the trial court properly admitted into evidence a personal writing by the …
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…
21-7344 Edwin Calligan v. United States Seventh Circuit 2022-03-11 Denied Response WaivedIFP anticipatory-warrant contraband fourth-amendment judicial-review probable-cause search-warrant triggering-event A panel of the United States Court of Appeals for the Seventh Circuit ruled: "...[t]he warrant was not anticipatory " because "...[n]o language in the…
21-7277 Sadeen Jones v. Pennsylvania Pennsylvania 2022-03-04 Denied IFP carpenter-v-united-states cell-site-location-information criminal-procedure fourth-amendment inevitable-discovery initial-illegal-search probable-cause search-and-seizure search-warrant warrant-requirement A. Is this matter so identical to Carpenter v. United States, 138 S. Ct. 2206 (2018) that like that case, this Petition for WRIT OF CERTIORARI should …
21-7104 Jeffrey Ryan Simmermaker v. Cedar County Sheriff's Department, et al. Eighth Circuit 2022-02-11 Denied Response WaivedIFP 42-usc-1983 civil-procedure civil-rights confidential-informant due-process fourth-amendment heck-bar heck-barr probable-cause search-warrant section-1983 standing 1. ) Did the court err in it's HECK BARR determination? 2. ) Did the magistrate rely on fraudulent, fabricated and uncorr oborated evidence? 3. ) W…
21-6788 Bernard Lindsey v. United States First Circuit 2022-01-10 Denied Response WaivedIFP appellate-review cell-phone-search cell-phones drug-crimes drug-investigation fourth-amendment probable-cause search-and-seizure search-warrant warrant-particularity 1. Whether the mere presence of two cell phones in the petitioner Bernard Lindsey's home provided sufficient grounds, under the Fourth Amendment, to s…
21-6761 Patrick Killen, Jr. v. United States Eleventh Circuit 2022-01-04 Denied Response WaivedIFP 4th-amendment 5th-amendment 6th-amendment due-process fifth-amendment fourth-amendment mlat mlat-evidence search-warrant sixth-amendment Whether this Court should visit the issue of allowing law enforcement to gather information initiated by the United States to use a Mutual Legal Assis…
21-947 Tettus Davis, et ux. v. Jonathon Hodgkiss Fifth Circuit 2021-12-28 Denied Response Waived 4th-amendment civil-procedure civil-rights fourth-amendment franks-challenge interlocutory-appeal probable-cause qualified-immunity search-warrant section-1983 summary-judgment 1. In a 42 U.S.C. § 1983 lawsuit alleging a Franks v. Delaware violation of the Fourth Amendment, where the plaintiff has made at least one substantia…
21-6726 Mark Jason Davis v. Florida Florida 2021-12-23 Denied IFP 4th-amendment drug-detection fourteenth-amendment fourth-amendment k9-sniff police-dog private-property probable-cause search search-and-seizure search-warrant WHETHER AN OPEN-AIR SNIFF CONDUCTED BY A POLICE K9 (DOG) TRAINED IN DRUG DETECTION, ON PRIVATE PROPERTY, WITHOUT A SEARCH WARRANT OR PROBABLE CAUSE, C…
21-6682 Marcus L. Short v. Nebraska Nebraska 2021-12-21 Denied Response WaivedIFP constitutional-law fourth-amendment good-faith good-faith-exception judicial-review leon-standard probable-cause search-warrant united-states-v-leon WHOLLY LACKING IN PROBABLE CAUSE SHOULD A REVIEWING COURT IGNORE THE FOURTH AMENDMENT ANALYSIS AND GO DIRECTLY TO A GOOD FAITH ANALYSIS PURSUANT TO UN…
21-6535 Jennifer Smith v. William Paul Nichols, et al. Sixth Circuit 2021-12-07 Denied Response WaivedIFP 4th-amendment bivens bivens-action civil-rights constitutional-injury due-process extraterritorial-warrant fourth-amendment monell search-and-seizure search-warrant section-1983 Does forgery, drug distribution, perjured affidavits, defective extraterritorial search warrants, improper execution of search warrants, coupled with …
21-6345 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 1. Are allegations in a warrant application entitled to lesser scrutiny when the district court concludes that the allegations are essential to the pr…
21-6368 Suzanne Elizabeth Wexler v. Texas Texas 2021-11-22 Denied Response WaivedIFP civil-rights due-process fifth-amendment fourth-amendment investigative-detention miranda miranda-custody police-authority search-warrant terry-stop 1. Whether Fourth Amendment reasonableness concerns have any bearing on a determination of custody under Miranda, specifically in regards to whether a…
21-6370 Omil Cotto, aka Omil Gomez, aka Omil Alfredo Gomez v. United States Tenth Circuit 2021-11-22 Denied Response WaivedIFP 4th-amendment cell-phone-seizure cellphones criminal-procedure fourth-amendment overbreadth probable-cause road-rage search-and-seizure search-warrant warrant warrant-overbreadth This case emerged out of a road rage incident during which shots were fired. The suspect, Omil Cotto, fled the scene in a red Camaro. Officers execute…
21-6360 Qian Williams v. United States Sixth Circuit 2021-11-19 Denied Response WaivedIFP court-procedure factual-findings federal-court federal-custody federal-jurisdiction grand-jury-indictment judicial-discretion search-warrant speedy-trial-act This case presents three issues: Did the court of appeals properly affirm the trial court and hold that the trial court was free to disregard a factua…
21-6109 Jackie Harris v. United States Eighth Circuit 2021-10-28 Denied Response WaivedIFP constitutional-rights due-process fourth-amendment judicial-authority probable-cause reasons-for-granting search-warrant statutory-interpretation waiver-of-rights 1. When a lower Court removes a waiver and assigns counsel for appeal, then by asserting the waiver, they had removed, covers under its scope the deni…
21-6000 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 Section 61-7-12 of the West Virginia Code provides that the offense of wanton endangerment is committed if a person "wantonly performs any act with a …
21-6006 Cory Wayne Kilgore v. United States Tenth Circuit 2021-10-19 Denied Response WaivedIFP 4th-amendment address-connection appellate-review child-pornography criminal-procedure fourth-amendment prior-conviction probable-cause search-warrant Did the Tenth Circuit, on review of the denial of Petitioner's motion to suppress, err in holding that the search warrant affidavit provided adequate …
21-6016 Zelda Ware v. City of Atlanta, Georgia, et al. Eleventh Circuit 2021-10-19 Denied IFP civil-rights due-process excessive-force fourth-amendment law-enforcement qualified-immunity search-warrant state-agency 1. Whether, consistent with the Fourth Amendment to the United States Constitution, a court order directing a state agency to pick up a child is the f…
21-5976 Jude Joseph David Lovchik v. Virginia Virginia 2021-10-14 Denied Response WaivedIFP circuit-split criminal-investigation criminal-procedure dna-evidence dna-testing expectation-of-privacy forensic-evidence fourth-amendment search-and-seizure search-warrant The Fairfax County Police seized trash from in front of Jude Lovchik's home. The items seized were then submitted to the Virginia Department of Forens…
21-5544 Thomas Charles Scott v. Stuart Sherman, Warden Ninth Circuit 2021-09-01 Denied Response WaivedIFP due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment Were petitioner's rights under the Fourth and Sixth Amendments to the United States Constitution violated by trial counsel's failure to challenge the …
21-5519 Steven P. BuBenchik, Jr. v. Douglas Fender, Warden Sixth Circuit 2021-08-30 Denied Response WaivedIFP 4th-amendment appellate-review civil-rights constitutional-claim due-process exigent-circumstances fourth-amendment ineffective-assistance search-warrant standing warrantless-search 4th AMENDMENT CLAIM Testimony giving during the November 12,2013, Suppression hearing record demonstrated NO exigent circumstances existed and NO att…
21-5394 Michael Nathaniel Boyd v. United States Sixth Circuit 2021-08-18 Denied Response WaivedIFP civil-rights constitutional-violation due-process evidence-suppression false-evidence fourth-amendment ineffective-assistance ineffective-assistance-of-counsel search-and-seizure search-warrant I. Should this Court grant certiorari, vacate the Circuit's ruling, and remand for further consideration in light of Strickland v. Washington, 466 U.S…
21-5283 Richard Todd Haas v. United States Fourth Circuit 2021-08-03 Denied Response WaivedIFP fourth-amendment franks-hearing law-enforcement materiality materiality-analysis probable-cause recklessness search-and-seizure search-warrant Whether the Fourth Circuit erred in refusing to engage in a materiality analysis of the information omitted from the affidavits to determine whether t…
21-5228 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 Search warrants are directed at places, not people. To obtain a warrant to enter a person's home, there must be probable cause that evidence of a crim…
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, my civil liberty rights; racial Justice; require private citizens to have probable cause and search warrants to obtain geolocation data, la…
21-5211 Edwin Artis Pettaway v. United States Eleventh Circuit 2021-07-26 Denied Response WaivedIFP confidential-informant confrontation-clause constitutional-rights criminal-procedure drug-possession due-process firearm-possession search-and-seizure search-warrant sentencing 1. Was Mr. Pettaway denied his constitutional right to present a complete defense? 2. Where multiple additional errors affected petitioner's convicti…
21-5163 Gregory Scott Stephen v. United States Eighth Circuit 2021-07-21 Denied Response WaivedIFP child-pornography criminal-procedure eighth-circuit fourth-amendment government-agent private-citizen search-and-seizure search-warrant sentencing-guidelines standing 1. Was the United States Court of Appeals for the Eighth Circuit's conclusion that a private citizen can never be established as a government agent ab…
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…
20-1766 In Re John H. Todd 2021-06-21 Denied Response Waived civil-rights confession constitutional-safeguards criminal-investigation due-process evidence evidence-exclusion police-conduct search-warrant Does Oregon's conflicting statutes on search warrants that exist between ORS 133.545(5) which requires a fully trained police officer and ORS 167.345 …
20-1737 Luke Noel Wilson v. California California 2021-06-15 Denied Response RequestedResponse WaivedRelisted (2) electronic-search email email-scanning fourth-amendment google law-enforcement private-search-doctrine search-warrant warrant-requirement 1. DOES THE PRIVATE SEARCH DOCTRINE PLACE GOOGLE'S AUTOMATED ELECTRONIC SCAN OF ALL EMAIL ON ITS SYSTEM OUTSIDE THE PROTECTION OF THE FOURTH AMENDMENT…
20-8261 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…
20-8122 Andi Mustafa v. Michigan Michigan 2021-05-25 Denied IFP criminal-procedure due-process factual-basis ineffective-assistance ineffective-assistance-of-counsel no-contest-plea plea-bargaining plea-colloquy plea-withdrawal search-and-seizure search-warrant Is Plaintiff entitled to withdraw his no contest plea when he was not interrogated by the judge to determine the factual basis for his plea and the Ju…
20-8058 Kenneth Rose v. United States Sixth Circuit 2021-05-19 Denied Response WaivedIFP 4th-amendment certificate-of-appealability civil-rights constitutional-protections due-process judicial-bias judicial-proceedings search-warrant sixth-circuit 1. Has the Sixth Circuit Court of Appeals so far departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure …
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 …
20-7704 Daghrib Shaheed, et al. v. Stephan Kroski, et al. Second Circuit 2021-04-09 Denied IFP 4th-amendment civil-entry-order civil-rights family-court fourth-amendment law-enforcement-procedure new-york-state probable-cause qualified-immunity search-warrant 1. Is a civil New York State Family Court Investigation Entry Order the equivalent of a search warrant, thereby authorizing the police to use force to…
20-7512 Forrest R. Cox, III v. Nebraska Nebraska 2021-03-19 Denied Response WaivedIFP case-law constitutional-rights criminal-procedure federal-statute fourth-amendment good-faith-doctrine immutable-evidence independent-source-doctrine search-warrant I. IN A FIRST DEGREE FELONY MURDER CASE REQUIRING LIFE IMPRISONMENT, DID THE NEBRASKA SUPREME COURT ERROR IN APPLYING THE GOOD FAITH DOCTRINE TO A SEA…
20-7464 Stephen D. Long v. Ohio Ohio 2021-03-17 Denied Response WaivedIFP 4th-amendment anonymous-informant criminal-procedure exclusionary-rule fourth-amendment probable-cause search-warrant standing totality-of-the-circumstances 1. Can a search warrant issue for a private residence based solely on the uncorroborated statement of an anonymous citizen informant? 2. Is an irrebu…
20-7482 Lavellous Purcell v. United States Second Circuit 2021-03-17 Denied IFP electronic-data-privacy federal-rules-of-evidence fourth-amendment general-warrants internet-privacy interstate-commerce mann-act particularity-requirement probable-cause search-and-seizure search-warrant 1. Whether a search warrant ordering Facebook to hand over the defendant's entire account to law enforcement for review, without limiting either Faceb…
20-7318 Alex Warren Klinger v. Oklahoma Oklahoma 2021-03-03 Denied IFP appellate-review constitutional-law criminal-liability double-jeopardy due-process jackson-standard search-warrant self-defense treaties 1. Whether an appellate court must apply the standard laid out in this Court's decision in Jackson v. Virginia to determine whether the State has disp…
20-1189 Brian E. Hardin v. Indiana Indiana 2021-02-26 Denied Response Waived constitutional-rights exclusionary-rule fourth-amendment law-enforcement probable-cause search-and-seizure search-warrant vehicle-search Whether law-enforcement officers violate the Fourth Amendment to the United States Constitution by searching a person's vehicle when the person drives…
20-1181 Kyle Stephen Thompson v. Maryland Maryland 2021-02-25 Denied Response Waived de-novo-review evidentiary-hearing fourth-amendment franks-hearing franks-v-delaware materiality-prong probable-cause search-warrant standard-of-review When a court considers a request for a Franks hearing by excising the challenged statements in the warrant application, does the court review the rema…
20-7095 Gary S. Colldock v. United States Ninth Circuit 2021-02-09 Denied Response WaivedIFP dark-web drug-trafficking fourth-amendment probable-cause search-warrant staleness Whether the information in the application for the warrant to place the GPS device on Colldock's vehicle was 'stale', where the Agents relied upon 2-y…
20-7078 Brandon Cordell Bennett v. United States Ninth Circuit 2021-02-08 Denied Response WaivedIFP 4th-amendment criminal-procedure evidence-suppression exclusionary-rule fourth-amendment judicial-review material-omission materiality probable-cause search-warrant WHETHER OMITTED INFORMATION FROM A SEARCH WARRANT APPLICATION MUST NEGATE OR CONTRADICT ALLEGED FACTS SUPPORTING PROBABLE CAUSE IN ORDER TO BE MATERIA…
20-1053 Ronald Dewayne Pitts v. Ohio Ohio 2021-02-03 Denied Response Waived affidavit credibility-reliability due-process evidence-suppression fourth-amendment judicial-scrutiny probable-cause search-warrant undisclosed-sources 1. Whether a Search Warrant Affidavit that failed to set forth probable cause can survive meaningful scrutiny where, as here, the Affiant failed to: v…
20-6889 Gregory Bartunek v. United States Eighth Circuit 2021-01-15 Denied Response WaivedIFP 4th-amendment constitutional-law criminal-procedure due-process habeas-corpus internet-protocol overbreadth search-warrant standing vagueness I. WHETHER THE FEDERAL RULES OF CRIMINAL PROCEDURE ARE UNCONSTITUTIONALLY OVERBROAD AND VAGUE II. WHETHER WARRANTS BASED ON INTERNET PROTOCOL ADDRESS…
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…
20-6733 John Christopher Ferguson v. United States Fifth Circuit 2020-12-30 Denied Response WaivedIFP 4th-amendment affidavit exclusionary-rule fourth-amendment good-faith-exception jurisdiction jurisdictional-limits law-enforcement search-warrant warrant-affidavit 1. Whether the good faith exception to the exclusionary rule under the Fourth Amendment applies where law enforcement officials knew or should have kn…
20-825 Christopher Brewer v. Teresa Hooks, et al. Eleventh Circuit 2020-12-18 Denied 4th-amendment causal-connection fourth-amendment informant informant-testimony probable-cause qualified-immunity search-warrant section-1983 1. Whether probable cause or arguable probable cause exists to seek a search warrant where an officer relies upon an informant who turns himself in, a…
20-6475 Samer Walid Abdalla v. United States Sixth Circuit 2020-11-30 Denied Response WaivedIFP fourth-amendment judicial-authorization law-enforcement neutral-magistrate particularity probable-cause residence search-warrant warrant-specificity Approximately 18 law-enforcement officers raided Samer Abdalla's home with what purported to be a search warrant. On the first page of the document wa…
20-6480 Maurice Freeman v. United States Eighth Circuit 2020-11-30 Denied Response WaivedIFP 4th-amendment bailey-v-united-states detention fourth-amendment immediate-vicinity michigan-v-summers police-authority premises-search probable-cause reasonable-suspicion search-and-seizure search-warrant 1. Does the rule of Michigan v. Summers, 452 U.S. 692 (1981), which permits police officers executing a search warrant to detain occupants of a reside…
20-6343 Ashley Fernandes v. Massachusetts Massachusetts 2020-11-16 Denied Response WaivedIFP 4th-amendment criminal-procedure digital-devices digital-search-warrant electronic-evidence evidence fourth-amendment general-warrants probable-cause search-and-seizure search-warrant May a search warrant authorize an unlimited search of all of a suspect's digital devices based on an affidavit describing the type of crime being inve…
20-6103 Curtis Lee Dale v. United States Eighth Circuit 2020-10-21 Denied Response WaivedIFP constitutional-rights criminal-procedure discovery document-discovery due-process pro-se-defendant search-warrant search-warrants sentencing standing - Is a prose litigant due a merits determination or adjudication on every claim he presents in his 28usc.f22ssMotion? -Is a defendant to be provided …
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?
20-419 Stephen Robert Deck v. California California 2020-10-01 Denied Response Waived 14th-amendment attempt attempt-offense custodial-arrest due-process jury-instructions jury-unanimity right-to-counsel search-warrant temporal-element unanimity 1. Whether the temporal direct step element of an attempt offense may be changed by jury instructions to occur on the charged "on or about" dates, or …
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 1. When a defendant raises a new theory on appeal in support of a suppression motion filed in district court—in this case, a lack of probable cause fo…
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 (1) Whether the good-faith analysis prohibits consideration of facts not included in the search-warrant affidavit? (2) Whether the good-faith excepti…
20-5601 Eric Wayne Grinder v. United States Fourth Circuit 2020-09-08 Denied Response WaivedIFP circuit-split computer-search computer-searches digital-evidence fourth-amendment fourth-amendment-rights particularity-requirement search-and-seizure search-warrant Does the conflict of the particularity required in computer searches between the Fourth and Tenth circuits diminish Fourth Amendment rights?
20-5571 Angel C. Pacheco v. Maine Maine 2020-09-02 Denied Response WaivedIFP any-persons-present collective-searches criminal-procedure drug-trafficking fourth-amendment probable-cause search-warrant warrant-standard (1) Whether, to obtain a search warrant authorizing the search of "any," "all" or "unknown" persons likely to be found at a residence believed to be u…
20-5494 Ernest Ray Snow v. Indiana Indiana 2020-08-25 Denied Response WaivedIFP 4th-amendment appellate-review criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception search-warrant standard-of-review Does United State v. Leon, 468 U.S. 897 (1984), permit an appellate standard of review that requires an appellant to raise and rebut the applicability…
20-5418 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 is a trial judge allowed to consider in making the threshold determination that a defendant has made a substantial preliminary Franks s…
20-5339 Leandre R. Jennings, III v. Nebraska Nebraska 2020-08-12 Denied Response WaivedIFP 4th-amendment fourth-amendment good-faith good-faith-exception illinois-v-krull judicial-approval judicial-review law-enforcement probable-cause search-warrant united-states-v-leon 1) Whether, in cases wherein a statute requires judicial approval before law enforcement may conduct a search, the reviewing court, before determining…
20-139 Bryant Kazuyoshi Iwai v. United States Ninth Circuit 2020-08-10 Denied Response RequestedResponse WaivedRelisted (2) anticipatory-search-warrant beeper controlled-delivery exigent-circumstances fourth-amendment home-entry law-enforcement-perjury probable-cause search-and-seizure search-warrant WHETHER THE NINTH CIRCUIT MAJORITY OPINION AS A MATTER OF SOUND PUBLIC POLICY HAS (1) ADOPTED A RULE OF EXIGENT CIRCUMSTANCES TO ENTER A HOME WHERE: …
20-5303 Lawrence A. Dibble v. Ohio Ohio 2020-08-07 Denied Response RequestedResponse WaivedRelisted (2)IFP exclusionary-rule fourth-amendment good-faith-exception judicial-review law-enforcement magistrate oral-testimony probable-cause search-warrant In considering whether a search warrant affidavit is so lacking in indicia of probable cause as to render official belief in its existence entirely un…
20-5285 Melvin Lee Jones v. United States Fourth Circuit 2020-08-06 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment circuit-court-split criminal-procedure drug-enforcement fourth-amendment locked-containers marijuana-odor probable-cause search-and-seizure search-warrant Does probable cause to believe that a small, personal-use amount of drugs is present in a home automatically also provide probable cause to search the…
19-8926 Roberto Clemente Govea v. United States Sixth Circuit 2020-07-08 Denied Response WaivedIFP circuit-court-split circuit-split fourth-amendment good-faith-exception probable-cause reasonably-trained-officer reasonably-well-trained-officer search-and-seizure search-warrant supreme-court-review I. Whether the decision of the Sixth Circuit Court of Appeals in holding that the good-faith exception of Leon v. United States, 468 U.S. 897, 104 S. …
19-8913 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…
19-1454 Naray Palaniappan v. United States Second Circuit 2020-07-02 Denied Response Waived computer-search fourth-amendment fourth-amendment-particularity-requirement good-faith-exception jurisdiction jurisdiction-limitation particularity-requirement search-warrant warrant-application warrant-incorporation 1. Where a warrant application requested authorization to search computers "wherever located" but the warrant itself (1) stated that the application w…
19-8651 Kevin Remillard v. Ohio Ohio 2020-06-10 Denied IFP fourteenth-amendment fourth-amendment motion-to-suppress personal-papers probable-cause search-warrant warrantless-search welfare-check The Police entered Mr. Remillard's locked home and bedroom without a search warrant. The Police had reason to believe Mr. Remillard may have committed…
19-8629 Carpeah R. Nyenekor, Sr. v. United States Second Circuit 2020-06-09 Denied Response WaivedIFP affidavit-falsification double-jeopardy dual-sovereignty due-process false-affidavit prosecutorial-misconduct res-judicata search-warrant In Illinois V. Gate, 462 U.S. 213 (1983), the Supreme Court Stated that, when a Search Warrant has been Dismissed based on Falsely Sworn Affidavit, an…
19-1309 Kari Janae Phipps v. Idaho Idaho 2020-05-21 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 4th-amendment detention detention-authority fourth-amendment michigan-v-summers probation probation-search reasonable-suspicion residence-check search-and-seizure search-warrant summers-doctrine Whether the "limited authority to detain" during the execution of a judicially approved search warrant for contraband, Michigan v. Summers, 452 U.S. 6…
19-8418 Rupert Stamps v. Detective Paris Capalupo, et al. Fourth Circuit 2020-05-08 Denied IFP affidavit exclusionary-rule fourth-amendment probable-cause search-warrant standing Question not identified.
19-1254 Pennsylvania v. Joseph J. Davis Pennsylvania 2020-04-29 Denied Amici (1) 5th-amendment civil-rights electronic-devices encryption fifth-amendment foregone-conclusion search-warrant self-incrimination For more than forty years, courts have allowed law enforcement authorities to compel an individual to disclose information when the information adds l…
19-8273 Deonday Evans v. United States Sixth Circuit 2020-04-16 Denied Response WaivedIFP 18-usc-922 18-usc-924 commerce-clause commerce-nexus criminal-procedure exclusionary-rule federalism federalism-principles fourth-amendment search-warrant sentencing-guidelines standing 1. Whether federalism principles require reinterpretation of 18 U.S.C. § 922(g) and 18 U.S.C. § 924 to require a more meaningful commerce nexus! 2. W…
19-8227 Joshua Dwayne Carrier v. Colorado Colorado 2020-04-09 Rehearing Response WaivedRelisted (2)IFP 4-year-old-transaction 4th-amendment 4th-amendment-violation constitutional-rights double-jeopardy expert-testimony fourth-amendment probable-cause search-warrant stale-information 1. WAS THE SEARCH WARRANT FOR MR. CARRIERS HOME AND COMPUTERS RELYING ON A SINGLE TRANSACTION FROM FOUR YEARS EARLIER BASED UPON STALE INFORMATION AND…
19-8204 Arnold Eugene Fox, Jr. v. United States Sixth Circuit 2020-04-07 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence-tampering fourth-amendment free-speech ineffective-counsel prosecutorial-misconduct search-warrant standing statutory-interpretation 1. Does federal statute 18 U.S.C. § 2422(b) have an unconstitutionally vague residual clause, and has the government, District Court, or the Sixth Ci…
19-8104 Juan Gonzalez-Arias v. United States First Circuit 2020-03-26 Denied Response WaivedIFP circuit-split constitutional-rights criminal-procedure drug-trafficking fourth-amendment home-search nexus probable-cause right-to-counsel search-warrant sixth-amendment 1. Was there sufficient evidence of probable cause to establish a nexus between Mr. Gonzalez-Arias's drug trafficking activity and his home to justify…
19-8069 Eric S. Newton, Jr. v. Ohio Ohio 2020-03-23 Denied IFP 4th-amendment cell-phone-search civil-rights constitutional-rights fourth-amendment jurisdiction law-enforcement-misconduct police-misconduct probable-cause search-and-seizure search-warrant 1. Was the Ohio Supreme Court in error when it refused to accept jurisdiction over a matter that, like the instant petition, involves a substantial Co…
19-8025 Kwasi McKinney v. Arkansas Arkansas 2020-03-18 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression harmless-error involuntary-statement miranda-rights search-and-seizure search-warrant IF ectojal Mukwons te Soppiess Stabe ment aud Sean wocrant for | untimely, The Arkousas Courk of Mppoale cevecsed and cewmanded We clecuct Couct order…
19-7983 Eric S. Newton, Jr. v. Ohio Ohio 2020-03-13 Denied IFP 4th-amendment affidavit cell-phone-search civil-rights constitutional-rights fourth-amendment fourth-amendment-rights law-enforcement-misconduct misidentification police-misconduct probable-cause reckless-disregard search-and-seizure search-warrant standing 1. Was the Ohio Supreme Court in error when it refused to accept jurisdiction over a matter that, like the instant petition, involves a substantial Co…
19-1055 Dustin Moss v. United States First Circuit 2020-02-25 Denied Response Waived 4th-amendment civil-procedure criminal-procedure evidence-suppression fourth-amendment fourth-amendment-violation illegal-search package package-description particularity-requirement probable-cause search-warrant tracking-number Where a search warrant particularly described a package to be searched, was the search of a completely different package illegal where that package wa…
19-1021 Micah Jessop, et al. v. City of Fresno, California, et al. Ninth Circuit 2020-02-18 Denied Amici (12)Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-rights fourth-amendment law-enforcement police-misconduct property-rights property-seizure qualified-immunity search-and-seizure search-warrant seizure Whether it is clearly established that the Fourth Amendment prohibits police officers from stealing property listed in a search warrant.
19-1027 David Caswell v. United States Eleventh Circuit 2020-02-18 Denied Response Waived child-pornography computer-search federal-investigation fourth-amendment good-faith good-faith-exception jurisdiction magistrate-jurisdiction network-investigative-technique search-warrant I) Did the FBI act in good-faith when it indicated to a magistrate judge that property to be searched pursuant to a search warrant application was loc…
19-7656 Michael Huntoon v. United States Ninth Circuit 2020-02-12 Denied Response WaivedIFP 4th-amendment affidavit computer-privacy computer-search fourth-amendment franks-hearing magistrate probable-cause reasonable-expectation-of-privacy search-and-seizure search-warrant 1. Whether or under what ci rcumstances i s this Court's rul ing in Jacobsen applicabl e to computers i n that a person l oses any reasonabl e expecta…
19-7631 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…
19-7581 James Ryan Taylor and Steven Vincent Smith v. United States Eleventh Circuit 2020-02-06 Denied Response WaivedIFP exclusionary-rule fourth-amendment geographic-scope good-faith-exception misrepresentation search-warrant Does the good-faith exception to the exclusionary rule apply to evidence seized under an invalid warrant if agents knowingly misrepresented the fact t…
19-7282 John Anthony Arnold v. Virginia Virginia 2020-01-14 Denied IFP 4th-amendment appellate-review civil-rights criminal-procedure death-penalty due-process evidence-suppression fourth-amendment law-enforcement motion-to-suppress ninth-circuit search-warrant standing warrantless-arrest Question not identified.
19-860 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…
19-7173 Kenneth Rose v. United States Sixth Circuit 2020-01-06 Denied Response WaivedRelisted (2)IFP address-discrepancy affidavit criminal-procedure fourth-amendment good-faith-exception ineffective-assistance ineffective-assistance-of-counsel material-fact plain-error search-warrant suppression 1) Reasonable jurists would debate that appellate counsel was ineffective for failing to raise a plain error of fact material to Leon's third exceptio…
19-7139 Daryl Glenn Pawlak v. United States Fifth Circuit 2020-01-02 Denied Response WaivedIFP 4th-amendment 5th-amendment circuit-split due-process fifth-amendment fourth-amendment good-faith outrageous-government-conduct rule-41 search-warrant warrant-violation I. This Court should grant review to determine whether the Fifth Circuit's standard for determining outrageous government conduct violates the Fifth A…
19-7022 Jesus D. Cruz v. United States Sixth Circuit 2019-12-19 Denied IFP 4th-amendment constitutional-violation criminal-procedure criminal-sentencing due-process fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rehaif-v-united-states search-and-seizure search-warrant sentencing toxicology-report 1. Whether Counsel was ineffective for not showing the Petitioner and or verifying to the Petitioner producted a valid search warrant, once they broke…
19-7006 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 Petitioner Alvin Drummond presents two questions for this Court's review: 1. Whether a misdemeanor crime of violence, not aggravated by any additiona…
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…
19-6766 Miles Barton Nichols v. United States Ninth Circuit 2019-11-27 Denied Response WaivedIFP fourth-amendment fourth-amendment-search-and-seizure franks-hearing franks-v-delaware informant-credibility law-enforcement-procedure material-omissions probable-cause recklessness search-warrant 1. Whether a finding of recklessness, entitling a defendant to a hearing pursuant to Franks v. Delaware, should be inferred where the omissions are cl…
19-6753 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…
19-6491 Matthew Shaffer v. United States Sixth Circuit 2019-11-05 Denied Response WaivedIFP 4th-amendment criminal-procedure criminal-procedure-4th-amendment-search-and-seizur drug-conspiracy due-process evidence-suppression evidentiary-hearing exclusionary-rule firearms-expert-testimony-drug-activity law-enforcement-testimony multiple-conspiracies-sentencing-enhancements rule-29-motion-sufficiency-of-evidence search-warrant sentencing-enhancement standing 1. THE TRIAL COURT ERRED IN FAILING TO CONDUCT AN EVIDENTIARY HEARING CONCERNING THE AFFIDAVIT RELIED UPON IN OBTAINING THE SEARCH WARRANT AND FURTHER…
19-541 Michael Lambert v. Estate of Kevin Brown, by its Successor in Interest Rebecca Brown, et al. Ninth Circuit 2019-10-24 Denied cold-case criminal-investigation criminal-procedure dna-evidence exigent-circumstances false-statements fourth-amendment fourth-amendment-violations murder-case probable-cause search-and-seizure search-warrant third-party 1. Did the Ninth Circuit err by failing to address whether a reasonable officer in Detective Lambert's position would have objectively believed his co…
19-513 Aivaras Mardosas v. Florida Florida 2019-10-21 Denied Response Waived bare-bones-affidavit collective-knowledge-doctrine fellow-officer-rule fourth-amendment probable-cause search-warrant suppression-of-evidence Whether under the Fourth Amendment, the "fellow officer rule" (or the collective knowledge doctrine) can be utilized in justifying a search warrant wh…
19-6267 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…
19-6241 Elfred William Petruk v. United States Eighth Circuit 2019-10-10 Denied Response WaivedIFP confidential-informant confidential-informants drug-evidence eighth-circuit fourth-amendment gps-tracking gps-tracking-warrants illinois-v-gates probable-cause search-warrant stale-information Did the Eighth Circuit erroneously rule, in conflict with this Court's decision in Illinois v. Gates, 462 U.S. 213 (1983), that the search warrant for…
19-6187 Jon Kaiser v. United States Ninth Circuit 2019-10-07 Denied Response WaivedIFP affiant-misconduct affidavit child-pornography civil-rights due-process fourth-amendment judicial-review lascivious-exhibition magistrate-judge probable-cause search-and-seizure search-warrant When an agent-affiant intentionally or recklessly omits the images of purported child pornography from a search warrant application in a case alleging…
19-6095 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…
19-5883 Richard Johnson v. United States Eleventh Circuit 2019-09-10 Denied Response WaivedIFP criminal-procedure eleventh-circuit evidentiary-hearing fourth-amendment franks-challenge franks-v-delaware gall-standard search-warrant search-warrant-challenge-standard sentencing-variance substantial-preliminary-showing substantive-reasonableness veracity I. Whether this Court Should Clarify the Quantum Necessary for a Finding of a "Substantial Preliminary Showing" That Entitles Defendants to a Hearing …
19-5782 Tyrone Dexter Christian v. United States Sixth Circuit 2019-09-03 Denied Response WaivedIFP criminal-activity criminal-procedure exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant totality-of-the-circumstances vague-affidavit vague-and-conclusory I. Whether the lower court erred in finding probable cause to search petitioner's home when the court viewed the search warrant affidavit as a whole a…
19-5795 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 …
19-5701 Daniel Brian Masson v. Florida Florida 2019-08-23 Denied Response WaivedIFP 14th-amendment 5th-amendment appellate-review child-abuse child-pornography child-sexual-performance constitutional-rights due-process falsified-transcripts motion-to-suppress search-warrant Petitioner has been convicted of violating Florida Statute 827.071 (5) (a) (2016), which is classified as a child abuse offense involving child sexual…
19-5676 Jerel Leon Jordan v. United States Fourth Circuit 2019-08-22 Denied Relisted (2)IFP brady-disclosure brady-v-maryland exclusionary-rule fourth-amendment giglio-impeachment giglio-v-united-states good-faith-exception motion-to-suppress probable-cause search-warrant united-states-v-leon I. Whether a district court reviewing a motion to suppress evidence obtained pursuant to a defective search warrant may consider evidence outside the …
19-188 Ikechukwu Hyginus Okorie v. Virginia M. Crawford, et al. Fifth Circuit 2019-08-13 Denied administrative-search arrest arrest-without-probable-cause detention detention-standards fourth-amendment fourth-amendment-violation law-enforcement-conduct probable-cause qualified-immunity search-warrant standard-of-review tolan-v-cotton A search of a medical clinic pursuant to an administrative search warrant that resulted in the doctor being detained for three to four hours under cir…
19-5546 Kevin Lyndell Yates v. Amy M. Harper Fourth Circuit 2019-08-09 Denied IFP civil-rights consent-to-search constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel interrogation inventory-of-seized-items miranda-warnings plea-agreement police-questioning search-warrant 1. Does a defendant who has been handcuffed ,informed that there is a indictment for his arrest ,questioned by the arresting officer ,asked by the ar…
19-5440 Lena McCollum v. Hubert Peterkin, et al. Fourth Circuit 2019-08-06 Denied Response WaivedIFP accrual civil-procedure civil-rights concealment constitutional-rights due-process executive-knowledge illegal-entry law-enforcement procedural-violation search-and-seizure search-warrant standing CAUSE FOR THE EVENT, WHOSE WRONGDOING WAS CONCEALED AND UNACCESSIBLE UNIL A LATER TIME ME T WI E NEE T I UNTIL A LATER PERIOD IN TIME ?
19-5474 Terry Lee Carlson v. United States Eighth Circuit 2019-08-06 Denied Response WaivedIFP computer-search district-court due-process evidence evidence-suppression fourth-amendment jurisdiction search-limitation search-warrant territorial-jurisdiction venue warrant-scope Did the Eighth Circuit Court of Appeals, when ruling on the validity of a search of a computer located in Minnesota conducted pursuant to a search war…
19-5414 Arthur Whitley v. Texas Texas 2019-07-31 Denied IFP 4th-amendment affidavit cell-phone cell-phone-data cell-phone-search criminal-investigation evidence-nexus fourth-amendment murder-investigation nexus-requirement probable-cause riley-precedent riley-v-california search-warrant search-warrant-precedent Whether the Fourth Court of Appeals' legal analysis of the nexus between evidence about a murder investigation and information in the Petitioner's cel…
19-5357 Daniel Eugene Cookson v. United States Tenth Circuit 2019-07-26 Denied Response WaivedIFP 4th-amendment civil-rights exclusionary-rule federal-magistrate federal-magistrates-act federal-rules-of-criminal-procedure fourth-amendment good-faith-exception magistrate-judge search-warrant territorial-jurisdiction When a warrant authorizes a search beyond the issuing judge's territorial jurisdiction, does the good-faith exception to the exclusionary rule apply t…
19-5339 James Kenneth Ganzer, Jr. v. United States Fifth Circuit 2019-07-25 Denied Response WaivedIFP authority exclusionary-rule fourth-amendment good-faith-exception magistrate-authority magistrate-judge search-warrant void-ab-initio Can the good faith exception to the Fourth Amendment's exclusionary rule apply to a search warrant that was void ab initio, and therefore without lega…
19-5035 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 PROfERHY?, and withOut SEARCH WARRANT? Freom my under Standing the Probable cAuse/evidence witness ARIN Is…
18-9775 Dustin Washington v. United States Fourth Circuit 2019-06-24 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure drug-weight forfeiture fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure search-warrant sentencing-error standard-of-review sufficiency-of-evidence I. Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Washington'S Motion to Suppress the seizure of the…
18-9565 Casey Stoermer v. Ohio Ohio 2019-06-06 Denied Response WaivedIFP consent drug-possession exigent-circumstances fourteenth-amendment fourth-amendment probable-cause search-and-seizure search-warrant sentencing-enhancement warrantless-search Casey Stoermer lived in a separate apartment connected to the home of Aaron Smith. On the morning of June 21, 2016, law enforcement officers went to S…
18-9422 Davaus L. McCown v. United States Eleventh Circuit 2019-05-24 Denied Response WaivedIFP 4th-amendment controlled-buys criminal-pattern criminal-procedure drug-crimes drug-enterprise drug-sales fourth-amendment ongoing-activity ongoing-criminal-activity probable-cause probable-cause-search search-and-seizure search-warrant stale-information Probable cause for a search cannot be based on stale information. That is, the evidence sought must be likely to be found in the searched location at …
18-9305 Joshua Chapman-Sexton v. United States Sixth Circuit 2019-05-16 Denied Response WaivedIFP child-pornography exclusionary-rule fourth-amendment fourth-amendment-search-and-seizure inevitable-discovery probable-cause search-warrant warrantless-search Whether the inevitable discovery exception to the Fourth Amendment exclusionary rule applies to a warrantless search of a flash drive finding child po…
18-9259 Akunna Baiyina Ejiofor v. United States Tenth Circuit 2019-05-14 Denied Response WaivedIFP affidavit criminal-procedure fourth-amendment good-faith-exception plain-language plain-meaning search-warrant search-warrant-affidavit standard-of-review suppression-motion tenth-circuit May a reviewing court uphold a search by reading a statement in a search-warrant affidavit contrary to its plain meaning, as the Tenth Circuit did in …
18-9082 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…
18-9050 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 Police trained Mervin, a drug-detection canine, to alert on minimal residual odor. In accord with that training, Mervin often alerted on parcels conta…
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…
18-8811 Antonio Darset King, Sr. v. United States Eleventh Circuit 2019-04-12 Denied Response WaivedIFP 4th-amendment civil-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel search-and-seizure search-warrant sixth-amendment standing voir-dire 1. Whether the United States Court of Appeals Erred in failing to Grant Petitioner King relief As to the denial of Suppress the search warrant Execute…
18-8783 Daniel R. Kendricks v. United States Eleventh Circuit 2019-04-10 Denied Response WaivedIFP arrest-warrant firearm fourth-amendment law-enforcement officer-safety plain-view search-and-seizure search-warrant The Fourth Amendment permits law enforcement officers, already searching pursuant to a valid warrant, to search and seize readily apparent contraband …
18-8694 Bryan Gilbert Henderson v. United States Ninth Circuit 2019-04-04 Denied Response WaivedIFP exclusionary-rule fourth-amendment fourth-amendment-violation good-faith-exception law-enforcement search-warrant systemic-misconduct systemic-mistake united-states-v-leon Whether the good faith exception to the exclusionary rule of United States v. Leon, 468 U.S. 897 (1984) applies when law enforcement makes an obvious,…
18-8665 Michael Benanti v. United States Sixth Circuit 2019-04-02 Denied Response WaivedIFP affidavit criminal-activity fed-evid-r-403 fed-evid-rule-403 fourth-amendment harmless-error nexus nexus-requirement place-to-be-searched search-warrant substantial-rights 1. Whether the Fourth Amendment requires the affidavit supporting a search warrant to show a nexus between the criminal activity at issue and the plac…
18-8668 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 1. Was COA17-1 134 dispositive of appeal brought to NC Court of Appeals? COA Decision never addressed "good faith exception" issue state vs fed with a…
18-1252 Rev. Barry D. Bilder v. Rev. Beth Mathers, et al. Tenth Circuit 2019-03-29 Denied civil-rights dna dna-collection due-process fourth-amendment fourth-amendment-rights reasonableness right-to-counsel search-warrant seizure sixth-amendment Is a Search Warrant (for DNA) "reasonable" under the Fourth (4th) Amendment? Was the Petitioner's Sixth (6th) Amendment, "Right to Counsel," violated…
18-8593 Dontae Callen v. Alabama Alabama 2019-03-27 Denied IFP affidavit appellate-review criminal-procedure death-penalty fourth-amendment jury-unanimity probable-cause search-warrant separate-affidavit I. Where an affidavit does not support a finding of probable cause for the issuance of a search warrant, does the Fourth Amendment allow a reviewing c…
18-8597 Barbara E. Brown v. Scott Burton, Deputy Sheriff, in His Individual Capacity, et al. Ninth Circuit 2019-03-27 Denied IFP civil-procedure civil-rights constitutional-rights due-process judicial-immunity judicial-misconduct obstruction-of-justice search-warrant standing state-court-liability trespassing unreasonable-search-and-seizure 1.Whether District Court Judge Cormac Carney obstructed justice 2. Whether Carney and he erred in holding Petitioner a pro se complaint drafted by la…
18-8487 Kevin Neysmith v. Pennsylvania Pennsylvania 2019-03-22 Denied IFP 4th-amendment birchfield-precedent birchfield-v-north-dakota blood-alcohol blood-alcohol-content criminal-procedure evidence-admissibility fourth-amendment fruits-of-the-poisonous-tree o-connell-warnings o'connell-warnings search-warrant warrantless-search Whether the Fourth Amendment prohibits State judicial systems from admitting evidence of blood alcohol content obtained without a search warrant pursu…
18-8518 John Moses Burton v. United States Fourth Circuit 2019-03-22 Denied Response WaivedIFP 4th-amendment civil-procedure civil-rights constitutional-protections due-process fourth-amendment good-faith good-faith-exception judicial-interpretation legal-precedent magistrate-qualifications search-and-seizure search-warrant standing QUESTION (1): When and how should the courts be bound to the presedent set by the high Court's opinion? QUESTION (2): Is it time to re-evaluate the l…
18-1230 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 …
18-8500 Nickey Ardd v. United States Sixth Circuit 2019-03-20 Denied Response WaivedIFP appellate-review civil-rights confidential-informant due-process entrapment fourth-amendment ineffective-assistance-of-counsel search-warrant sixth-amendment warrant-requirement Consistent with this Court's decision in Roviaro v. United States, 353 U.S. at 60-61 (1963). When the disclosure of the name of confidential informant…
18-8448 Edward Bishop v. United States Seventh Circuit 2019-03-18 Denied Response WaivedIFP 4th-amendment criminal-procedure digital-evidence digital-files dna-evidence evidence fourth-amendment particularity-requirement probable-cause search-warrant 1.Does a search warrant which described the place to be searched and the things to be seized as "any evidence (including, all photos, videos, and/or o…
18-1066 Tracy Chang and Howard Hsu v. United States Ninth Circuit 2019-02-14 Denied Response Waived criminal-defense criminal-procedure fourth-amendment good-faith good-faith-defense good-faith-reliance jury-instructions search-warrant standing tax-fraud 1. Defendants requested instructions on their theory of defense, that they relied in good faith upon the professional advice of their CPAs when prepar…
18-7914 Jay Maurice Tharps v. United States Fourth Circuit 2019-02-12 Denied Response WaivedIFP 4th-amendment anonymous-informant drug-trafficking fourth-amendment leon-exception leon-good-faith-exception partially-rotten-fruit probable-cause search-warrant totality-of-circumstances totality-of-the-circumstances Whether the Fourth Circuit erred in determining that probable cause existed when instead of describing any reliable and corroborated facts about drug …
18-7846 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 Based on the totality of the circumstances was there probable cause for the search warrant to issue? Is it permissible for a lay witness to offer tes…
18-1007 Assem A. Abulkhair v. Google LLC, et al. Third Circuit 2019-02-01 Denied Response Waived abuse-of-discretion civil-procedure civil-rights due-process email-privacy federal-rules-of-civil-procedure fourth-amendment judicial-recusal law-enforcement-overreach privacy-rights recusal religious-discrimination search-and-seizure search-warrant standing Whether the District Judge has the authority to dismiss suit while his/her recusal remains pending and his/her disqualification and impartiality comes…
18-7711 Christopher Fitzgerald v. United States Sixth Circuit 2019-02-01 Denied Response WaivedIFP 4th-amendment civil-rights due-process exclusionary-rule fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant united-states-v-leon warrant-affidavit Does the "good faith" exception to the ex clusionary rule apply to uphold a search of a residence, where there is no nexus between the residence and a…
18-954 Cory Speelman v. Ohio Ohio 2019-01-25 Denied Response RequestedResponse WaivedRelisted (3) blood-draw fourth-amendment implied-consent search-and-seizure search-warrant unconscious unconscious-person warrant warrant-exception 1. Should the Court revisit Birchfield v. North Dakota, __U.S._ , 195 L.Ed.2d 560 (U.S. 2016) to resolve a split in the States: does the Fourth Amendm…
18-863 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…
18-7095 Miguel Robinson v. United States Sixth Circuit 2018-12-19 Denied Response WaivedIFP 4th-amendment circumstances circumstantial-evidence criminal-procedure drug-trafficking due-process fourth-amendment probable-cause reasonable-search rigid-legal-rules rule-of-law search search-and-seizure search-warrant Rigid legal rules are ill-suited'" to an analysis of probable cause. Illinois v. Gates, 462 U.S. 213, 232 (1986) (citation omitted). Did the Court of …
18-746 County of Los Angeles, California, et al. v. Angel Mendez, et al. Ninth Circuit 2018-12-12 Denied 42-usc-1983 4th-amendment causation circuit-review civil-rights clearly-erroneous fourth-amendment intervening-event proximate-causation proximate-cause reasonable-force remand search-warrant section-1983 standard-of-review use-of-force warrantless-search 1. Whether the Ninth Circuit disregarded this Court's clear directives on remand and whether, in a 42 U.S.C. § 1983 action, a plaintiff's injuries res…
18-6903 Curtis McLaurin v. New York New York 2018-12-04 Denied Response WaivedIFP appellate-review constitutional-law due-process federal-law fourth-amendment groh-v-ramirez habeas-corpus incorporated-application new-york-state-appellate-court search-warrant stone-v-powell Whether the New York State appellate court's holding that a defective search warrant can be cured by an incorporated search warrant application - a co…
18-6820 Robert Paul Langley, Jr. v. Jeff Premo, Superintendent, Oregon State Penitentiary Oregon 2018-11-26 Denied Response WaivedIFP fourth-amendment fourth-amendment-violation ineffective-assistance ineffective-assistance-of-counsel judicial-authorization particularity particularity-requirement search-warrant seizure sixth-amendment 1. Does the Fourth Amendment require that a search warrant particularly describe the things to be seized? 2. Does the Fourth Amendment require that a…
18-623 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…
18-6702 Brandon Gale Combs v. United States Fourth Circuit 2018-11-14 Denied IFP 4th-amendment appellate-review civil-rights due-process exclusionary-rule fourth-amendment good-faith-exception leon-doctrine probable-cause search-and-seizure search-warrant warrant-requirement I. Whether it is unconstitutional to allow appellate courts to review information known to police, but unknown to the neutral and detached magistrate …
18-6587 David James Matthew v. United States Ninth Circuit 2018-11-06 Denied Response WaivedIFP anticipatory-warrant conditional-warrant florida-v-jardines fourth-amendment knock-and-announce probable-cause search-and-seizure search-warrant united-states-v-grubbs warrantless-entry WHETHER AGENT WALDO'S INITIAL WARRANTLESS ENTRY, WITHOUT KNOCKING OR RINGING THE DOORBELL, INTO THE ENCLOSED "SCREENED FRONT PATIO" OF MATTHEW'S RESID…
18-6531 Tyler G. Eppes v. United States Armed Forces 2018-11-01 Denied Response WaivedIFP due-process evidence evidence-suppression inevitable-discovery military-magistrate personal-bags scope-of-search scrivener's-error search-authorization search-warrant serivener's-error SCRIVENER'S ERROR The lower court held that the search of petitioner's personal bags did not exceed the scope of the search authorization despite the …
18-6485 Richard Elliott Cain v. Washington Washington 2018-10-29 Denied IFP 6th-amendment character-evidence constitutional-rights criminal-procedure criminal-procedure-evidence due-process evidence fair-trial jury-instruction jury-instructions propensity-evidence search-warrant WHETHER THE TRIAL COURT ERRED IN FAILING TO GIVE THE JURY A LIMITING INSTRUCTION AFTER PERMITTING CHARACTER AND PROPENSITY EVIDENCE TO BE INTRODUCED A…
18-6431 Justin Jenkins v. United States Sixth Circuit 2018-10-25 Denied Response WaivedIFP 4th-amendment evidence-suppression Exclusionary-Rule fourth-amendment good-faith-exception Illegal-Search Illegal-Seizure probable-cause search-and-seizure search-warrant standing vehicle-search L. WHETHER REVIEW IS WARRANTED BECAUSE THE TRIAL COURT ERRED IN REFUSING TO SUPPRESS THE EVIDENCE AND FRUITS OF THE ILLEGAL SEARCHES OF RESIDENCES AT …
18-350 Lamar Sequan Brown v. South Carolina South Carolina 2018-09-18 Denied Response Waived abandonment abandonment-doctrine cell-phone-privacy cell-phones digital-data fourth-amendment privacy reasonable-expectation-of-privacy reasonable-expectation-privacy search-and-seizure search-warrant warrant-requirement Fourth Amendment doctrine permits police to freely search ordinary objects deemed "abandoned." No suspicion, or warrant, or exigency is required. But …
18-325 Thomas F. Gehrmann, et al. v. United States Tenth Circuit 2018-09-13 Denied Response Waived appellate-review exculpatory-evidence fourth-amendment franks-doctrine franks-v-delaware material-omissions probable-cause search-warrant standard-of-review waiver Pursuant to Franks v. Delaware, 438 U.S. 154 (1978), the Fourth Amendment is violated where law enforcement intentionally or recklessly includes false…
18-285 Missouri v. Phillip Douglass, et al. Missouri 2018-09-05 Denied Response RequestedRelisted (2) 4th-amendment civil-rights due-process exclusionary-rule fourth-amendment particularity particularity-requirement probable-cause search-and-seizure search-warrant standing warrant warrant-severability Because the exclusionary rule should be "our last resort, not our first impulse," Hudson v. Michigan, 547 U.S. 586, 591 (2006), all the Courts of Appe…
18-5705 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 Question #1: Whether the Florida Court of Appeals unreasonably applied this Courts precedent when it upheld summary denial of a postconviction claim a…
18-5718 James Willis Campbell, Sr. v. Virginia Virginia 2018-08-23 Denied Relisted (2)IFP 4th-amendment appellate-procedure appellate-review civil-rights constitutional-law criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction probable-cause search-and-seizure search-warrant standard-of-review (1) DID THE SUPREME COURT OF VIRGINIA ERR WHEN IT REVERSED THE COURT OF APPEALS OF VIRGINIA'S RULING AND AFFIRMED THE JUDGEMENT OF THE TRIAL COURT? (…
18-5587 Bobby Joe Rosa v. United States Fifth Circuit 2018-08-14 Denied Response WaivedIFP 4th-amendment 5th-amendment 6th-amendment confidential-informant criminal-procedure exclusionary-rule fifth-amendment fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant sixth-amendment Petitioner, BOBBY JOE Rosa, was charged with being a felon in possession of a firearm after the Government executed a search warrant at his purported …
18-5536 Joseph P. Pacheco v. United States Tenth Circuit 2018-08-10 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-search cell-phones civil-rights exclusionary-rule fourth-amendment good-faith-exception riley-v-california search-warrant search-warrants The petition is an opportunity for this Court to clear up several issues related to search warrants on cell phones. The questions presented include: (…
18-5440 Larenzo Lomax v. Darrel Vannoy, Warden Fifth Circuit 2018-08-02 Denied IFP arrest arrest-legality constitutional-rights criminal-procedure exclusionary-rule false-affidavit false-statements fourth-amendment ineffective-assistance-of-counsel search-and-seizure search-warrant sixth-amendment Whether Lomax was denied the effective assistance of counsel when his trial attorney failed to challenge the legality of Lomaxs arrest. Whether Lomax…
18-5406 Orlando G. McDaniel v. United States District of Columbia 2018-08-01 Denied Response WaivedIFP constitutional-rights court-of-appeals exclusionary-rule fourth-amendment police-powers precedent probable-cause scope-of-search search-and-seizure search-warrant seizure Whether this court should grant this petition for a writ of certiorari to consider whether petitioner's constitutional rights were violated when the p…
18-5414 Keith William Deichert v. United States Fourth Circuit 2018-08-01 Denied Response WaivedIFP criminal-procedure exclusionary-rule fourth-amendment good-faith good-faith-exception jurisdiction objective-reasonableness rule-41 search-warrant void-ab-initio Does the good-faith exception to the exclusionary rule apply to a search warrant that is issued by a judge without jurisdiction, rendering the warrant…
18-5389 Torrick Johntrelle Rodgers v. United States Fourth Circuit 2018-07-30 Denied Response WaivedIFP exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree fruits-of-poisonous-tree ineffective-assistance-counsel ineffective-assistance-of-counsel plea-bargaining probable-cause prosecutorial-misconduct search-and-seizure search-warrant sentencing warrant WHETHER: THE DISTRICT COURT SHOULD HAVE SUPPRESSED ALL OF THE FRUITS OF THE POISONOUS TREE BASED UPON THE FOUND TO BE CORRUPTED OFFICIALS AND THE ILLE…
18-5368 Gabriel Werdene v. United States Third Circuit 2018-07-26 Denied Response WaivedIFP computer-search criminal-procedure exclusionary-rule federal-rule-of-criminal-procedure-41(b) fourth-amendment good-faith good-faith-exception jurisdiction jurisdictional-defect law-enforcement-procedure search-warrant warrant warrant-validity I. Whether the good-faith exception to the exclusionary rule applies when a warrant is void from the outset due to the issuing authority's lack of jur…
18-5332 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…
18-5306 Ramiah Jefferson v. United States Sixth Circuit 2018-07-20 GVR Relisted (3)IFP cell-phone cell-phone-search fourth-amendment gang-activity probable-cause riley-v-california search-warrant zurcher-v-stanford-daily I. In this case, the district court denied Petitioner's pre-trial motion to suppress numerous photos and social media seized from his cell phone in an…
18-5023 Glenn Edwards v. United States Third Circuit 2018-06-28 Denied Response WaivedIFP civil-procedure civil-rights due-process fourth-amendment free-speech ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence probable-cause search-warrant staleness standing takings I. WHETHER THE DISTRICT COURT ABUSE ITS DISCRETION IN DENY PETITIONER'S MOTION FOR SUPRESS EVIDENCE USED TO OBTAIN SEARCH WARRANT VIOLATED THE PETITIO…