search-warrant

299 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
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 Pending Response WaivedIFP confidential-informant law-enforcement materiality probable-cause reckless-omission search-warrant 1. Whether the "materiality " prong of Franks v. Delaware, 438 U.S. 154 (1978), is satisfied when a search warrant affidavit recklessly omits a confid…
25-869 James T. Weiss v. United States Seventh Circuit 2026-01-21 Pending 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 Pending Response WaivedIFP emergency-aid-exception fourth-amendment home-entry law-enforcement probable-cause search-warrant This case presents an issue identical to that in Case v. Montana, No. 24-624, currently before this Court, i.e., whether law enforcement may enter a h…
25-797 Steven J. Hecke v. United States Seventh Circuit 2026-01-07 Pending Response Waived affidavit-omissions criminal-procedure fourth-amendment franks-hearing probable-cause search-warrant 1. Whether, and how, Franks applies to material information that is omitted from a search warrant affidavit. 2. Whether omissions from a search warra…
25-800 Matthew Scott Rocco v. United States Fourth Circuit 2026-01-07 Pending Response Waived bailey-precedent fourth-amendment geographical-restriction law-enforcement probation-officer search-warrant Does it violate the Fourth Amendment when, during the execution of a residential search warrant, law enforcement subverts the geographical restriction…
25-6366 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 Whether the Sixth Amendment right to effective assistance of counsel was violated when trial and appellate counsel failed to challenge potentially unc…
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…
25-5431 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…
25-5453 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…
25-5413 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 Whether the Fourth Amendment prohibits the admission of evidence obtained through a warrantless search lacking exigent circumstances and potentially b…
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 Whether the Fourth Amendment permits law enforcement to conduct a warrantless search of a vehicle based on independent probable cause derived from the…
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 Whether the defendant's constitutional rights were violated by ineffective assistance of counsel, improper search warrants, withheld discovery, and po…
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 Whether the Sixth Circuit correctly applied the good faith exception to a search warrant that allegedly lacked probable cause and nexus
24-988 Jorge Vasquez v. Superior Court of California, Tulare County, et al. California 2025-03-17 Denied Response Waived exclusionary-rule fourth-amendment good-faith-exception law-enforcement probable-cause search-warrant Can law enforcement's failure to state any facts to establish probable cause be excused as 'good faith' under the Fourth Amendment?
24-6637 Roger Moss v. United States Tenth Circuit 2025-02-25 Denied Response WaivedIFP criminal-procedure drug-trafficking fourth-amendment law-enforcement probable-cause search-warrant Does probable cause to believe a person is engaged in drug trafficking per se establish probable cause to search their home? If not, is the affiant's …
24-863 Wanda L. Edwards v. South Dakota South Dakota 2025-02-12 Denied fourth-amendment passenger-rights probable-cause search-warrant traffic-stop vehicle-search Whether officers must have probable cause to search purses held or worn by passengers during traffic stops
24-851 Paul S. Osterman v. United States Seventh Circuit 2025-02-11 Denied Response Waived affidavit-challenge franks-challenge law-enforcement-procedure omissions probable-cause search-warrant In the context of a Franks challenge, when evaluating whether an alleged omission was necessary to a finding of probable cause, may a court supplement…
24-6423 Davonte Laron Chaney v. United States Tenth Circuit 2025-01-30 Denied Response WaivedIFP affidavit false-statements fourth-amendment materiality probable-cause search-warrant Whether a search warrant affidavit establishes probable cause when the affiant made materially false statements
24-798 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 Whether the court of appeals correctly determined that a search warrant for collection of real time location data from Petitioner's cell device over a…
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 Whether the isolated smell of marijuana is sufficient probable cause for a search warrant; Whether Petitioner's conviction should be reversed due to a…
24A648 Richard L. Lewis v. Brian Emig, Warden, et al. Third Circuit 2024-12-31 Presumed Complete constitutional-challenge extraterritorial-surveillance fourth-amendment gps-tracking probable-cause search-warrant Whether the Fourth Amendment permits extraterritorial GPS tracking by state law enforcement without explicit statutory authorization or judicial warra…
24-6201 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 of testimonial documents created in response to a search warrant without direct confrontation of…
24-681 Konstadin Bitzas v. New Jersey New Jersey 2024-12-26 Denied Response Waived due-process emergency-caretaker fourth-amendment pro-se-representation probable-cause search-warrant Whether defects in a search warrant application process, including failure to satisfy the oath requirement, omitting key facts about witnesses' intoxi…
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 Whether a federal prisoner's multiple appeals of a 2255 motion and unresolved search warrant issues constitute grounds for mandamus relief
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 Whether the border exception to the Fourth Amendment allows warrantless seizure and search of electronic media for criminal investigation purposes, an…
24-5864 Antwone Miguel Sanders v. United States Sixth Circuit 2024-10-30 Denied Response WaivedIFP due-process fourth-amendment leon-exception nexus probable-cause search-warrant Whether the search warrant affidavit failed to establish the requisite nexus for searching a private residence and whether the Leon good-faith excepti…
24-473 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 while maintaining Constitutional adherence?
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 Fifth Circuit erred in granting summary judgment denying damages for illegal search and seizure when Sutton allegedly failed to create a g…
24-5757 Damian Cortez v. United States First Circuit 2024-10-15 Denied Response WaivedIFP circuit-split fourth-amendment franks-hearing offer-of-proof probable-cause search-warrant Whether a circuit split exists regarding the standard for presenting an offer of proof under Franks v. Delaware and the Fourth Amendment requirements …
24-5761 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…
24-5513 Jacob D. Lickers v. United States Seventh Circuit 2024-09-11 Denied Response WaivedIFP bad-faith franks-hearing good-faith-exception ineffective-assistance probable-cause search-warrant May a search warrant affiant be excused under the Good Faith Exception when intentionally withholding critical information about prior state court sup…
24-5335 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 Whether the Fourth Circuit's decision in United States v. Darosa conflicts with other Circuit Courts' precedents regarding the admissibility of finger…
24-5278 Mark Manuel Angeles Marino v. United States Eleventh Circuit 2024-08-08 Denied Response WaivedIFP fifth-amendment fourth-amendment probable-cause search-warrant self-incrimination sentencing-hearing Whether a defendant's Fifth Amendment privilege against self-incrimination was violated by drawing an adverse inference from silence at a sentencing h…
24-5220 Christopher L. Smith v. Ohio Ohio 2024-08-05 Denied IFP civil-procedure-joinder confidential-informant constitutional-rights criminal-procedure due-process fair-trial prejudicial-joinder probable-cause rules-of-evidence search-warrant sufficiency-of-evidence Whether prejudicial joinder of unrelated counts violates the right to a fair trial,
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 Whether the Supremacy Clause and the discretionary function exception of the Federal Tort Claims Act can immunize federal law enforcement from liabili…
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 Whether an officer violates clearly established Fourth Amendment law when executing a search warrant at the wrong residence without taking reasonable …
24-5092 Moises Orlando Zelaya-Veliz, Jose Eliezar Molina-Veliz, Luis Alberto Gonzales, Gilberto Morales, and Jonathan Rafael Zelaya-Veliz v. United States Fourth Circuit 2024-07-16 Denied IFP digital-privacy facebook-data fourth-amendment government-scrutiny probable-cause search-and-seizure search-warrant social-media temporal-limitation warrant Does the Fourth Amendment prohibit the issuance of apparent 'all-data' warrants for Facebook accounts without any temporal limitation or for a period …
24-5074 Charles Brian O'Neill v. United States Sixth Circuit 2024-07-15 Denied Response WaivedIFP 4th-amendment exclusionary-rule fourth-amendment good-faith good-faith-exception law-enforcement probable-cause search-warrant suppression Do the deficiencies in the search warrants and their supporting affidavits merit good faith protection from the exclusionary rule?
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…
23-7831 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, Fifth, and Fourteenth Amendment rights
23-7834 Willie Medina v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-06-28 Denied IFP 4th-amendment 6th-amendment civil-rights constitutional-rights due-process excessive-force judicial-review law-enforcement probable-cause search-warrant unlawful-detention Whether the officers had probable cause for the stop, whether there was a search warrant for the car, whether there was sufficient evidence to support…
23-1343 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 Whether a Bivens action can 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 Question not identified
23-1311 Charles W. Washington v. Louisiana Louisiana 2024-06-14 Denied affidavit drug-activity fourth-amendment oral-testimony probable-cause search-warrant sgro-precedent time-delay warrant-application Whether the mandates announced in Sgro v. United States were violated in the issuance of the search warrant
23-7713 Calvin K. Wilson v. Florida Florida 2024-06-13 Denied Response WaivedRelisted (2)IFP exclusionary-rule false-statements fourth-amendment franks-v-delaware judicial-integrity law-enforcement probable-cause search-warrant Whether the Fourth Amendment exclusionary rule requires suppression of evidence obtained through a search warrant that was based in part on false stat…
23-1255 Dephne Nguyen Wright v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2024-05-30 Denied certificate-of-appealability federal-habeas fourth-amendment habeas-corpus harmless-error ineffective-assistance-of-counsel probable-cause search-warrant Whether the U.S. Court of Appeals for the Fifth Circuit and district court applied too demanding of a standard governing issuance of a certificate of …
23A1041 Charles Brian O'Neill v. United States Sixth Circuit 2024-05-22 Presumed Complete exclusionary-rule fourth-amendment good-faith-exception material-misrepresentation probable-cause search-warrant Whether the good faith exception to the Exclusionary Rule under U.S. v. Leon impermissibly erodes Fourth Amendment protections when applied to search …
23-7416 Christopher J. Pratt v. United States Second Circuit 2024-05-08 Denied Response WaivedIFP 4th-amendment circuit-court-split circuit-split fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant staleness standard-of-review Did the Second Court of Appeals err when they failed to apply their own standards under United States v. Raymonda, 780 F.3d 105 (2nd Cir. 2015), when …
23-7321 Bentley Streett v. United States Tenth Circuit 2024-04-26 Denied IFP exclusionary-rule fourth-amendment good-faith-exception inevitable-discovery probable-cause search-and-seizure search-warrant warrant-defect warrant-requirement Whether the good-faith exception applies to save evidence obtained through an unconstitutional warrant because, hypothetically, if the magistrate had …
23-7215 David Hueston v. United States Seventh Circuit 2024-04-12 Denied Response WaivedIFP attorney-client-privilege evidentiary-weight fourth-amendment franks-hearing franks-v-delaware officer-affiant probable-cause prosecutorial-consultation prosecutorial-discretion search-and-seizure search-warrant Whether a reviewing court may place substantial evidentiary weight on an officer-affiant's consultation with a prosecuting attorney before seeking and…
23-7134 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 Whether a magistrate can rely on information not provided in the affidavit when determining if there is a substantial basis to issue a warrant
23-7087 Natasha Bates, aka Tasha Bates v. Tennessee Tennessee 2024-03-27 Denied IFP 4th-amendment 6th-amendment criminal-procedure evidence fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment Did the trial court commit reversible error by failing to grant Petitioner's post conviction relief due to introduction of evidence from a warrantless…
23-6990 Kristopher Dean Putnam v. United States Fifth Circuit 2024-03-15 Denied Response WaivedIFP cell-phone cell-phone-search exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant Does the Fourth Amendment permit the issuance of a search warrant for a cell phone absent case-specific facts connecting the alleged crime and the pho…
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 the inevitable discovery doctrine under the Fourth Amendment permits suppression of evidence to be excused based on a hypothetical warrant tha…
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 Is a suspect in a criminal investigation 'in custody' when he is ordered out of his residence by armed agents who broke down his door to execute a sea…
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 Whether the Fourth Amendment requires suppression of evidence obtained through a search warrant that lacks probable cause and particularity, despite t…
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 to challenge the truthfulness of statements…
23A612 Thurmond Allen v. Pennsylvania Pennsylvania 2024-01-03 Presumed Complete firearm-possession fourth-amendment hearsay-evidence probable-cause search-warrant warrantless-search Whether the Fourth Amendment permits the warrantless search of an apartment based on a neighbor's hearsay statement about an overheard gun reference
23-6158 Derrick Hunt v. United States Eleventh Circuit 2023-12-06 Denied Response WaivedIFP 4th-amendment child-pornography criminal-procedure evidence fourth-amendment motion-to-suppress probable-cause search-and-seizure search-warrant Did the District Court abuse its discretion in denying Defendant's motion to suppress the search of his computer?
23-6032 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
23-6006 Delando Johnson v. United States Sixth Circuit 2023-11-14 Denied Response WaivedIFP drug-investigation fourth-amendment good-faith-exception leon-exception nexus nexus-requirement probable-cause residential-search search-warrant Whether an application for a warrant to search a home for drugs must contain objective evidence of a nexus between the evidence sought and the residen…
23A360 Michael S. Barth v. United States Eleventh Circuit 2023-10-23 Presumed Complete constitutional-intervention first-amendment judicial-records public-access search-warrant special-counsel Whether the First Amendment and common law right of public access requires judicial review of search warrant proceedings involving a former president'…
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 Can the foregone conclusion rationale be used to compel an individual to enter a passcode into a personally held cellular phone?
23-5718 Adam Neftali Santana v. United States Third Circuit 2023-10-04 Denied Response WaivedIFP 4th-amendment conspiracy-charge criminal-indictment criminal-procedure evidence evidence-sufficiency firearm-possession motion-to-suppress search-warrant standing Did the Court err when it denied Petitioner's Motion to Suppress the evidence obtained through the execution of the contingency search warrant?
23-5696 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 Is severance of any overbroad warrant a permissible exception to the exclusionary rule
23A167 Erik Carrasco v. Terry Henkell Fifth Circuit 2023-08-24 Presumed Complete affidavit exculpatory-information fourth-amendment omission qualified-immunity search-warrant Whether a law enforcement officer violates the Fourth Amendment by submitting an affidavit for a search warrant that omits material exculpatory inform…
23-5378 Frank J. Capozzi v. United States Third Circuit 2023-08-17 Denied Response WaivedIFP constitutional-violation fourth-amendment franks-hearing fraud-on-court fraud-on-the-court miscarriage-of-justice probable-cause search-warrant Was the State search warrant obtained based on fraudulent, deceptive, misleading, and omitted statements
22-7853 Carlos Miguel Concepcion-Guliam v. United States First Circuit 2023-06-26 Denied Response WaivedIFP arrest criminal-procedure detention fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure search-warrant Whether the Fourth Amendment permits law enforcement to detain and arrest an individual without observing any criminal conduct, based solely on an ass…
22-1121 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 Whether the FDA has jurisdiction to enforce the Drug Abuse Prevention and Control Act
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 Whether the Leon good-faith exception applies to a search warrant that lacked sufficient probable cause to support a search
22-7370 Donte Lamont Dingle v. United States Fourth Circuit 2023-04-26 Denied Response WaivedIFP criminal-procedure de-novo-review discovery-rule-16 fourth-amendment franks-v-delaware franks-violation jencks-material probable-cause search-warrant standard-of-review Whether the Fourth Circuit's decision conflicts with prior decisions of this Court and another United States Court of Appeals, including its own, on t…
22-7379 Igor Grushko v. United States Eleventh Circuit 2023-04-26 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment law-enforcement loss-calculation probable-cause reasonableness reasonableness-standard search-and-seizure search-warrant sentencing-guidelines Whether the police entering a residence to execute a search warrant must possess probable cause that the person they are seeking is inside the residen…
22-7340 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 Did the South Carolina courts err in denying relief on petitioner's claims that his constitutional rights were violated?
22-7264 Corey Shamon McKinney v. United States Tenth Circuit 2023-04-12 Denied Response WaivedIFP 4th-amendment civil-rights criminal-procedure drug-possession evidence-suppression fourth-amendment franks-v-delaware probable-cause search-warrant standing Whether an illegal search and seizure took place
22-7097 Monta Olander Jordan v. United States Fourth Circuit 2023-03-24 Denied Response WaivedIFP 4th-amendment exclusionary-rule fourth-amendment good-faith-exception gps-tracking leon-exception probable-cause search-and-seizure search-warrant Whether The Court Of Appeals Misapplied United States v. Leon
22-6813 Joshua Glowacki v. United States Sixth Circuit 2023-02-17 Denied Response WaivedIFP child-pornography criminal-procedure due-process jury-determination jury-trial probable-cause restitution restitution-order search-warrant sentencing victim-rights Does the defendant in a criminal case have the right to have a jury determine facts to support a restitution order?
22-6777 Fharis Denane Smith v. United States Sixth Circuit 2023-02-14 Denied IFP cell-phone circuit-split digital-privacy fourth-amendment good-faith law-enforcement-procedure probable-cause search-and-seizure search-warrant warrant-requirement Question Presented
22-6671 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 Ineffective-assistance-of-counsel
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 Whether the government omission of evidence that was contrast affiant's Search Warrant Application (SWA) statements constituted a Brady and Franks vio…
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 Is a search warrant that authorizes a search for violations of the entire federal tax code (26 U.S.C. §7201), plus any other numerous codes and laws f…
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 Whether the warrantless blood draw violated the Fourth Amendment
22-6427 Denver Sangster v. United States Third Circuit 2022-12-30 Denied Response WaivedIFP brady-vs-maryland confidential-informant confrontation-clause criminal-procedure good-faith-exception probable-cause search-and-seizure search-warrant Whether the lower courts erred in deciding probable cause, the confrontation clause concerning search and seizures and/or requirements of a warrant, w…
22-6430 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 Are search warrants that fail to include command sections authorizing the seizure of particular items facially and fatally defective, requiring suppre…
22-6345 Jeffrey Johnson v. United States Seventh Circuit 2022-12-20 Denied Response WaivedIFP 21-cfr-1308.11 career-offender controlled-substance controlled-substance-analogue drug-classification motion-to-suppress schedule-1 search-and-seizure search-warrant sentencing seventh-circuit Whether the Seventh Circuit Court of Appeals incorrectly allowed the District Court's Determination that Furanyl fentanyl was a 'controlled substance …
22-486 Texas v. John Wesley Baldwin Texas 2022-11-22 Denied 4th-amendment cell-phone cell-phone-search criminal-conspiracy fourth-amendment illinois-v-gates organized-crime probable-cause riley-standard riley-v-california search-warrant warrant-requirements Whether an officer's uncorroborated belief that co-conspirators who planned a crime over multiple days used their cell phones to do so is a 'bare conc…
22-6058 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 Whether the federal prosecution's reliance on a state search warrant without making it part of the formal record constitutes structural error
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 Did the agents deliberately violate the federal rule of criminal procedure—Rule 41(f)(1)(C)—that requires agents to serve a warrant when that 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 Whether a wholly privacy-based exception to the Fourth Amendment's search warrant requirement can apply to exempt the government's search when it is a…
22-5863 Arlandis Shy v. United States Sixth Circuit 2022-10-18 Denied Response WaivedIFP 4th-amendment 6th-amendment apprendi-v-new-jersey due-process fair-trial fourth-amendment jury-instruction probable-cause search-warrant sixth-amendment unreasonable-search Whether the district court clearly erred by failing to properly instruct the jury, in violation of Apprendi v. New Jersey, and by admitting Defendant …
22-5774 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 Are the rights protected under the Fourth Amendment offended where a search warrant affidavit and warrant were not entered on the record?
22-5745 Deron Devaughn Mahone v. Georgia, et al. Eleventh Circuit 2022-10-03 Denied Response WaivedIFP 4th-amendment civil-rights due-process evidence-suppression fourth-amendment material-omission probable-cause qualified-immunity search-and-seizure search-warrant warrant-application Whether a reasonable officer would have known that Officer Stewart's warrant affidavit failed to establish probable cause and that he should not have …
22-233 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 Whether Franks authorizes federal courts to disregard a finding of probable cause made by a properly constituted state grand jury
22-5508 Hanford Chiu v. United States First Circuit 2022-09-06 Denied Response WaivedIFP criminal-procedure due-process exculpatory-evidence federal-rules-of-evidence fourth-amendment good-faith-exception probable-cause search-warrant Whether a faulty search warrant that was executed without probable cause and without a good faith exception violates Fourth Amendment protections
22-5467 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 Whether the federal prosecution's reliance on an unfiled state search warrant constitutes structural error
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 Whether the federal prosecution's reliance on a state search warrant without making it part of the formal record of the United States District Court c…
22-5080 Jacky Cardale Mayfield v. Oklahoma Oklahoma 2022-07-12 Denied IFP confidential-witness due-process Fourth-Amendment Fourth-Amendment-search In-camera-hearing ineffective-counsel Probable-cause search-warrant Shackling Witness-testimony Fourth-Amendment,Fourth-Amendment-search,Probable-cause,Witness-testimony,In-camera-hearing,Shackling,Eyewitness-identification,Ineffective-assistance…
22-5022 Ronald Wayne Thrasher v. United States Ninth Circuit 2022-07-05 Denied Response WaivedIFP 4th-amendment civil-rights confidential-informant due-process fourth-amendment probable-cause search-warrant self-corroboration warrant-particularity When probable cause is based on a confidential informant, is it sufficient for law enforcement to establish the informant's reliability by the informa…
21-1486 Nancy Catherine Powers v. Alabama Alabama 2022-05-25 Denied Response RequestedResponse WaivedRelisted (2) fourth-amendment premises-warrant probable-cause search-and-seizure search-warrant totality-of-the-circumstances unreasonable-search visitor visitor-rights warrantless-search Whether the search of a purse in the possession of a visitor present at a residence during the execution of a premises warrant violates the Fourth Ame…
21-7865 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 an appeals court may 'implicitly find' an 'independent source' absent evidence and findings at the district court level
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
21-7764 Kelvin Jones v. South Carolina South Carolina 2022-05-03 Denied Response WaivedIFP anonymous-complaints fourth-amendment marijuana-evidence marijuana-use probable-cause search-warrant trash-pull Whether the Fourth Amendment prohibits the search of a home pursuant to a search warrant based solely on anonymous complaints of short-term traffic an…
21-7753 Levi Miller v. United States Eighth Circuit 2022-04-29 Denied Response WaivedIFP affidavit affidavit-sufficiency circuit-split franks-standard franks-v-delaware judicial-review material-omissions police-misconduct probable-cause remedy search-warrant Whether the proper remedy for a Franks v. Delaware violation is to purge misleading statements or supplement the affidavit with omitted information
21-7734 Bruce Mitchell Nicholson v. United States Eleventh Circuit 2022-04-28 Denied Response WaivedIFP civil-procedure criminal-procedure exclusionary-rule fourth-amendment probable-cause reasonableness search-warrant time-limit Does a violation of a time-limit prescribed in a search warrant render a search unreasonable under the Fourth Amendment?
21-7699 Eugene Nicholson v. United States Sixth Circuit 2022-04-26 Denied Response WaivedIFP constitutional-rights exclusionary-rule fourth-amendment fourth-amendment-exclusionary-rule good-faith-exception motion-to-suppress probable-cause search-and-seizure search-warrant Whether the good-faith exception to the exclusionary rule applies when the affidavit supporting a search warrant fails to establish a nexus between th…
21-7641 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 Did the State of Texas and the U.S. District Court improperly admit evidence obtained unconstitutionally?
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 Whether the United States Court of Appeals for the Seventh Circuit decision conflicts with United States v. Grubbs
21-7277 Sadeen Jones v. Pennsylvania Pennsylvania 2022-03-04 Denied IFP carpenter-v-united-states cell-site-location-information criminal-procedure fourth-amendment inevitable-discovery initial-illegal-search probable-cause search-and-seizure search-warrant warrant-requirement Is this matter so identical to Carpenter v. United States that like that case, this Petition for WRIT OF CERTIORARI should be reviewed, and granted re…
21-7104 Jeffrey Ryan Simmermaker v. Cedar County Sheriff's Department, et al. Eighth Circuit 2022-02-11 Denied Response WaivedIFP 42-usc-1983 civil-procedure civil-rights confidential-informant due-process fourth-amendment heck-bar heck-barr probable-cause search-warrant section-1983 standing Did the court err in its HECK BARR determination?
21-6788 Bernard Lindsey v. United States First Circuit 2022-01-10 Denied Response WaivedIFP appellate-review cell-phone-search cell-phones drug-crimes drug-investigation fourth-amendment probable-cause search-and-seizure search-warrant warrant-particularity Whether the mere presence of two cell phones in the petitioner's home provided sufficient grounds to search their entire contents
21-6761 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 Franks-v-Delaware-violation
21-6726 Mark Jason Davis v. Florida Florida 2021-12-23 Denied IFP 4th-amendment drug-detection fourteenth-amendment fourth-amendment k9-sniff police-dog private-property probable-cause search search-and-seizure search-warrant Whether an open-air sniff conducted by a police K9 on private property without a warrant or probable cause constitutes a search
21-6682 Marcus L. Short v. Nebraska Nebraska 2021-12-21 Denied Response WaivedIFP constitutional-law fourth-amendment good-faith good-faith-exception judicial-review leon-standard probable-cause search-warrant united-states-v-leon Whether a reviewing court should ignore the Fourth Amendment analysis and go directly to a good faith analysis under United States v. Leon when an aff…
21-6535 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 Whether allegations in a warrant application are entitled to lesser scrutiny when the district court concludes they are essential to the probable caus…
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 Whether Fourth Amendment reasonableness concerns have any bearing on a determination of custody under Miranda
21-6370 Omil Cotto, aka Omil Gomez, aka Omil Alfredo Gomez v. United States Tenth Circuit 2021-11-22 Denied Response WaivedIFP 4th-amendment cell-phone-seizure cellphones criminal-procedure fourth-amendment overbreadth probable-cause road-rage search-and-seizure search-warrant warrant warrant-overbreadth Whether the search warrant was constitutionally overbroad in authorizing the seizure of 'any cellphones' in the house when officers had no reason to b…
21-6360 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 Did the court of appeals properly affirm the trial court's decisions?
21-6109 Jackie Harris v. United States Eighth Circuit 2021-10-28 Denied Response WaivedIFP constitutional-rights due-process fourth-amendment judicial-authority probable-cause reasons-for-granting search-warrant statutory-interpretation waiver-of-rights when-lower-court-removes-waiver-and-assigns-counsel-for-appeal
21-6000 Marius A. Brown v. United States Fourth Circuit 2021-10-19 Denied Response WaivedIFP appointed-counsel criminal-procedure fruit-of-poisonous-tree fruit-of-the-poisonous-tree miranda-rights probable-cause search-warrant wanton-endangerment Whether probable cause exists to issue a State search warrant to seize firearms, ammunition, and associated equipment, when the affidavit fails to all…
21-6006 Cory Wayne Kilgore v. United States Tenth Circuit 2021-10-19 Denied Response WaivedIFP 4th-amendment address-connection appellate-review child-pornography criminal-procedure fourth-amendment prior-conviction probable-cause search-warrant Did the Tenth Circuit err in holding that the search warrant affidavit provided adequate basis for probable cause?
21-6016 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 Whether a court order directing a state agency to pick up a child is the functional equivalent of a search warrant
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 Whether the police were required to obtain a search warrant before submitting trash items to a forensic lab to extract DNA and create a DNA profile fo…
21-5544 Thomas Charles Scott v. Stuart Sherman, Warden Ninth Circuit 2021-09-01 Denied Response WaivedIFP due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment Were petitioner's rights under the Fourth and Sixth Amendments violated by trial counsel's failure to challenge a search warrant obtained via intentio…
21-5519 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 Whether the Constitution or laws require a trial court to fabricate facts outside sworn testimony to justify a warrantless entry
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 Whether the court should grant certiorari, vacate the circuit's ruling, and demand further consideration in light of Strickland v. Washington and Napu…
21-5283 Richard Todd Haas v. United States Fourth Circuit 2021-08-03 Denied Response WaivedIFP fourth-amendment franks-hearing law-enforcement materiality materiality-analysis probable-cause recklessness search-and-seizure search-warrant Did the Fourth Circuit err in refusing to engage in a materiality analysis of the information omitted from the affidavits to determine whether the omi…
21-5228 Dwayne Sheckles v. United States Sixth Circuit 2021-07-28 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment criminal-procedure drug-crimes drug-dealing evidence-seizure home-invasion probable-cause residential-searches search-warrant search-warrants Whether a person's status as a suspected drug dealer, alone, provides probable cause to allow for a warrant to be issued for that person's residence
21-5205 Eddie Mendia v. Abby Harman, et al. Kansas 2021-07-26 Denied IFP civil-liberties civil-rights due-process equal-protection geolocation-tracking privacy privacy-rights probable-cause racial-justice search-warrant virtual-trespass Whether private citizens require probable cause and search warrants to obtain geolocation data, lacking these amounts to violating constitutional righ…
21-5211 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 Was Mr. Pettaway denied his constitutional right to present a complete defense?
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 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 absen…
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 provide the same level of constitutional safeguards for suspects in a criminal investigation?
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…
20-1737 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 Does the private search doctrine place Google's automated electronic scan of all email on its system outside the protection of the Fourth Amendment fo…
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 Plea-withdrawal-issues
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 Has the Sixth Circuit Court of Appeals so far departed from the accepted and usual course of judicial proceedings
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 Is a civil New York State Family Court Investigation Entry Order the equivalent of a search warrant?
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 Whether the Nebraska Supreme Court erred in applying the good-faith doctrine to a search warrant executed after the federal statute and relevant case …
20-7464 Stephen D. Long v. Ohio Ohio 2021-03-17 Denied Response WaivedIFP 4th-amendment anonymous-informant criminal-procedure exclusionary-rule fourth-amendment probable-cause search-warrant standing totality-of-the-circumstances Can a search warrant issue for a private residence based solely on the uncorroborated statement of an anonymous citizen informant?
20-7482 Lavellous Purcell v. United States Second Circuit 2021-03-17 Denied IFP electronic-data-privacy federal-rules-of-evidence fourth-amendment general-warrants internet-privacy interstate-commerce mann-act particularity-requirement probable-cause search-and-seizure search-warrant Whether a search warrant ordering Facebook to hand over the defendant's entire account to law enforcement for review, without limiting either Facebook…
20-7318 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 whether-state-disproved-self-defense-beyond-reasonable-doubt
20-1189 Brian E. Hardin v. Indiana Indiana 2021-02-26 Denied Response Waived constitutional-rights exclusionary-rule fourth-amendment law-enforcement probable-cause search-and-seizure search-warrant vehicle-search Whether law-enforcement officers violate the Fourth Amendment by searching a person's vehicle when the person drives that vehicle up to his house whil…
20-1181 Kyle Stephen Thompson v. Maryland Maryland 2021-02-25 Denied Response Waived de-novo-review evidentiary-hearing fourth-amendment franks-hearing franks-v-delaware materiality-prong probable-cause search-warrant standard-of-review When a court considers a request for a Franks hearing by excising the challenged statements in the warrant application, does the court review the rema…
20-7095 Gary S. Colldock v. United States Ninth Circuit 2021-02-09 Denied Response WaivedIFP dark-web drug-trafficking fourth-amendment probable-cause search-warrant staleness Whether the information in the application for the warrant to place the GPS device on Colldock's vehicle was 'stale'
20-7078 Brandon Cordell Bennett v. United States Ninth Circuit 2021-02-08 Denied Response WaivedIFP 4th-amendment criminal-procedure evidence-suppression exclusionary-rule fourth-amendment judicial-review material-omission materiality probable-cause search-warrant WHETHER OMITTED INFORMATION FROM A SEARCH WARRANT APPLICATION MUST NEGATE OR CONTRADICT ALLEGED FACTS SUPPORTING PROBABLE CAUSE IN ORDER TO BE MATERIA…
20-1053 Ronald Dewayne Pitts v. Ohio Ohio 2021-02-03 Denied Response Waived affidavit credibility-reliability due-process evidence-suppression fourth-amendment judicial-scrutiny probable-cause search-warrant undisclosed-sources Whether a Search Warrant Affidavit that failed to set forth probable cause can survive meaningful scrutiny
20-6889 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 Whether the federal rules of criminal procedure are unconstitutionally overbroad and vague
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 Whether the good faith exception to the exclusionary rule applies where law enforcement knew or should have known the affidavit would lead to a mistak…
20-825 Christopher Brewer v. Teresa Hooks, et al. Eleventh Circuit 2020-12-18 Denied 4th-amendment causal-connection fourth-amendment informant informant-testimony probable-cause qualified-immunity search-warrant section-1983 Whether probable cause or arguable probable cause exists to seek a search warrant where an officer relies upon an informant who turns himself in, admi…
20-6475 Samer Walid Abdalla v. United States Sixth Circuit 2020-11-30 Denied Response WaivedIFP fourth-amendment judicial-authorization law-enforcement neutral-magistrate particularity probable-cause residence search-warrant warrant-specificity Whether the Fourth Amendment was violated when officers executed a search warrant that authorized the search of a different residence in a different t…
20-6480 Maurice Freeman v. United States Eighth Circuit 2020-11-30 Denied Response WaivedIFP 4th-amendment bailey-v-united-states detention fourth-amendment immediate-vicinity michigan-v-summers police-authority premises-search probable-cause reasonable-suspicion search-and-seizure search-warrant Does the rule of Michigan v. Summers extend to individuals on a public street near the residence?
20-6343 Ashley Fernandes v. Massachusetts Massachusetts 2020-11-16 Denied Response WaivedIFP 4th-amendment criminal-procedure digital-devices digital-search-warrant electronic-evidence evidence fourth-amendment general-warrants probable-cause search-and-seizure search-warrant Whether a search warrant can authorize an unlimited search of all of a suspect's digital devices based on an affidavit describing the type of crime be…
20-6103 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 defendant entitled to copies of inventory documents related to executed search warrants connected to his criminal case?
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 Whether the temporal direct step element of an attempt offense may be changed by jury instructions
20-5816 Jose Antonio Acevedo-Lemus v. United States Ninth Circuit 2020-09-25 Denied Response WaivedIFP appellate-review criminal-procedure federal-rules-of-criminal-procedure good-cause plain-error probable-cause search-warrant suppression-motion waiver Whether a new theory raised on appeal in support of a suppression motion is reviewable for plain error or under Rule 12's good-cause standard
20-5776 Joel Thomas Augard v. United States Eighth Circuit 2020-09-23 Denied IFP 4th-amendment affidavit criminal-procedure exclusionary-rule good-faith good-faith-exception probable-cause search-warrant warrant-execution Whether the good-faith analysis prohibits consideration of facts not included in the search-warrant affidavit?
20-5601 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 for 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 Whether the Fourth Amendment requires probable cause that each person present will possess evidence of a crime, or only that the collective searches o…
20-5494 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 can a trial judge consider in making a Franks showing?
20-5339 Leandre R. Jennings, III v. Nebraska Nebraska 2020-08-12 Denied Response WaivedIFP 4th-amendment fourth-amendment good-faith good-faith-exception illinois-v-krull judicial-approval judicial-review law-enforcement probable-cause search-warrant united-states-v-leon Whether the reviewing court must use the test set forth in United States v. Leon or the test set forth in Illinois v. Krull to determine if good faith…
20-139 Bryant Kazuyoshi Iwai v. United States Ninth Circuit 2020-08-10 Denied Response RequestedResponse WaivedRelisted (2) anticipatory-search-warrant beeper controlled-delivery exigent-circumstances fourth-amendment home-entry law-enforcement-perjury probable-cause search-and-seizure search-warrant Whether the Ninth Circuit majority opinion has adopted a rule of exigent circumstances contrary to United States v. Grubbs and Kentucky v. King
20-5303 Lawrence A. Dibble v. Ohio Ohio 2020-08-07 Denied Response RequestedResponse WaivedRelisted (2)IFP exclusionary-rule fourth-amendment good-faith-exception judicial-review law-enforcement magistrate oral-testimony probable-cause search-warrant Whether a court may consider unrecorded, oral information provided to a magistrate when evaluating the reasonableness of an officer's belief in the ex…
20-5285 Melvin Lee Jones v. United States Fourth Circuit 2020-08-06 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment circuit-court-split criminal-procedure drug-enforcement fourth-amendment locked-containers marijuana-odor probable-cause search-and-seizure search-warrant Scope of search warrant based on marijuana odor
19-8926 Roberto Clemente Govea v. United States Sixth Circuit 2020-07-08 Denied Response WaivedIFP circuit-court-split circuit-split fourth-amendment good-faith-exception probable-cause reasonably-trained-officer reasonably-well-trained-officer search-and-seizure search-warrant supreme-court-review Whether the good-faith exception of Leon v. United States applies to the search warrant for the defendant's home
19-8913 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 Where a warrant application requested authorization to search computers 'wherever located' but the warrant itself omitted that language, can governmen…
19-8651 Kevin Remillard v. Ohio Ohio 2020-06-10 Denied IFP fourteenth-amendment fourth-amendment motion-to-suppress personal-papers probable-cause search-warrant warrantless-search welfare-check Does the Fourth and Fourteenth Amendment require a search warrant or probable cause to seize and search personal papers during a welfare check?
19-8629 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 Whether the Double Jeopardy Clause prohibits the federal government from re-indicting a defendant after a state court has dismissed the charges based …
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 Did the Lower Court err or abuse its discretion when ruling that Officer Rollins did not violate Appellant's rights under the Fourth Amendment to be f…
19-1254 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 Does the foregone conclusion exception to the Fifth Amendment privilege against self-incrimination apply to the compelled production of passwords to e…
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 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
19-8227 Joshua Dwayne Carrier v. Colorado Colorado 2020-04-09 Rehearing Response WaivedRelisted (2)IFP 4-year-old-transaction 4th-amendment 4th-amendment-violation constitutional-rights double-jeopardy expert-testimony fourth-amendment probable-cause search-warrant stale-information Was the search warrant for Mr. Carrier's home and computers relying on a single transaction from four years earlier based upon stale information and l…
19-8204 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 Does federal statute 18 U.S.C. § 2422(b) have an unconstitutionally vague residual clause?
19-8104 Juan Gonzalez-Arias v. United States First Circuit 2020-03-26 Denied Response WaivedIFP circuit-split constitutional-rights criminal-procedure drug-trafficking fourth-amendment home-search nexus probable-cause right-to-counsel search-warrant sixth-amendment Was there sufficient evidence of probable cause to establish a nexus between Mr. Gonzalez-Arias's drug trafficking activity and his home to justify se…
19-8069 Eric S. Newton, Jr. v. Ohio Ohio 2020-03-23 Denied IFP 4th-amendment cell-phone-search civil-rights constitutional-rights fourth-amendment jurisdiction law-enforcement-misconduct police-misconduct probable-cause search-and-seizure search-warrant Was the Ohio Supreme Court in error when it refused to accept jurisdiction over a matter that, like the instant petition, involves a substantial Const…
19-8025 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 Whether the Arkansas Court of Appeals erred in finding that the admission of an allegedly involuntary statement was harmless error
19-7983 Eric S. Newton, Jr. v. Ohio Ohio 2020-03-13 Denied IFP 4th-amendment affidavit cell-phone-search civil-rights constitutional-rights fourth-amendment fourth-amendment-rights law-enforcement-misconduct misidentification police-misconduct probable-cause reckless-disregard search-and-seizure search-warrant standing Was the Ohio Supreme Court in error when it refused to accept jurisdiction over a matter involving a violation of the petitioner's Fourth Amendment ri…
19-1055 Dustin Moss v. United States First Circuit 2020-02-25 Denied Response Waived 4th-amendment civil-procedure criminal-procedure evidence-suppression fourth-amendment fourth-amendment-violation illegal-search package package-description particularity-requirement probable-cause search-warrant tracking-number Whether the search of a package that was solely referenced by its tracking number in the warrant's caption, but was not otherwise described in the war…
19-1021 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 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 locate…
19-7656 Michael Huntoon v. United States Ninth Circuit 2020-02-12 Denied Response WaivedIFP 4th-amendment affidavit computer-privacy computer-search fourth-amendment franks-hearing magistrate probable-cause reasonable-expectation-of-privacy search-and-seizure search-warrant Whether the lower court can interpret the meaning of words to determine probable cause existed in a search warrant without the false information
19-7631 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 Did the Virginia Supreme Court err in upholding petitioner's warrantless arrest?
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 Whether appellate counsel was ineffective for failing to raise a plain error of fact material to Leon's third exception, which would have not permitte…
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 Whether the Fifth Circuit's standard for determining outrageous government conduct violates the Fifth Amendment Due Process clause
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 Whether Counsel was ineffective for not showing the Petitioner and or verifying to the Petitioner, that the officers never producted a valid search wa…
19-7006 Alvin Andrae Drummond v. United States Fourth Circuit 2019-12-18 Denied Response WaivedIFP 4th-amendment armed-career-criminal-act criminal-sentencing misdemeanor-crime-of-violence physical-force predicate-offense probable-cause search-warrant statutory-interpretation violent-crime Whether a misdemeanor crime of violence, not aggravated by any additional force, can properly meet the elements of an Armed Career Criminal Act predic…
19-6816 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 Whether a finding of recklessness should be inferred where omissions are critical to probable cause
19-6753 Benitez Auguarius Moody v. United States Fourth Circuit 2019-11-26 Denied Response WaivedIFP affidavit-challenge deliberate-falsehood due-process fourth-amendment franks-v-delaware intentional-falsehoods intentional-falsity probable-cause search-warrant Whether the characterization of deliberate falsehoods in a search warrant affidavit as mere imprecision eviscerates the right of a defendant as enunci…
19-6491 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 Whether the trial court erred in failing to conduct an evidentiary hearing and suppress evidence obtained under a search warrant
19-541 Michael Lambert v. Estate of Kevin Brown, by its Successor in Interest Rebecca Brown, et al. Ninth Circuit 2019-10-24 Denied cold-case criminal-investigation criminal-procedure dna-evidence exigent-circumstances false-statements fourth-amendment fourth-amendment-violations murder-case probable-cause search-and-seizure search-warrant third-party Whether the Fourth Amendment requires a warrant to search a home based on probable cause and exigent circumstances when the home is owned by a third p…
19-513 Aivaras Mardosas v. Florida Florida 2019-10-21 Denied Response Waived bare-bones-affidavit collective-knowledge-doctrine fellow-officer-rule fourth-amendment probable-cause search-warrant suppression-of-evidence Whether the 'fellow officer rule' can justify a search warrant with flawed probable cause
19-6267 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, that the search warrant for a Chrysler vehicle a…
19-6187 Jon Kaiser v. United States Ninth Circuit 2019-10-07 Denied Response WaivedIFP affiant-misconduct affidavit child-pornography civil-rights due-process fourth-amendment judicial-review lascivious-exhibition magistrate-judge probable-cause search-and-seizure search-warrant Whether an intentional or reckless omission of purported child pornography images from a search warrant application undermines a finding of probable c…
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 Whether this Court Should Clarify the Quantum Necessary for a Finding of a 'Substantial Preliminary Showing' That Entitles Defendants to a Hearing in …
19-5782 Tyrone Dexter Christian v. United States Sixth Circuit 2019-09-03 Denied Response WaivedIFP criminal-activity criminal-procedure exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant totality-of-the-circumstances vague-affidavit vague-and-conclusory Whether the lower court erred in finding probable cause to search petitioner's home when the court viewed the search warrant affidavit as a whole and …
19-5795 Jacob D. Lickers v. United States Seventh Circuit 2019-09-03 Denied Response WaivedIFP circuit-court-conflict circuit-split exclusionary-rule federal-search-warrant fourth-amendment fourth-amendment-violation good-faith-exception probable-cause search-warrant Whether the good faith exception to the exclusionary rule applies when an affidavit supporting a search warrant had been tainted by evidence obtained …
19-5701 Daniel Brian Masson v. Florida Florida 2019-08-23 Denied Response WaivedIFP 14th-amendment 5th-amendment appellate-review child-abuse child-pornography child-sexual-performance constitutional-rights due-process falsified-transcripts motion-to-suppress search-warrant Whether the petitioner's conviction for violating Florida Statute 827.071 (5) (a) is illegal due to lack of evidence, falsified transcripts, and viola…
19-5676 Jerel Leon Jordan v. United States Fourth Circuit 2019-08-22 Denied Relisted (2)IFP brady-disclosure brady-v-maryland exclusionary-rule fourth-amendment giglio-impeachment giglio-v-united-states good-faith-exception motion-to-suppress probable-cause search-warrant united-states-v-leon Whether a district court may consider evidence outside the warrant affidavit in determining good-faith exception
19-188 Ikechukwu Hyginus Okorie v. Virginia M. Crawford, et al. Fifth Circuit 2019-08-13 Denied administrative-search arrest arrest-without-probable-cause detention detention-standards fourth-amendment fourth-amendment-violation law-enforcement-conduct probable-cause qualified-immunity search-warrant standard-of-review tolan-v-cotton Whether the allegations establish a Fourth Amendment violation and qualified immunity defense
19-5546 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 Does a defendant have a constitutional right to be read Miranda warnings?
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 Whether the accrual date for a claim alleging illegal search and seizure is the date of execution for a defendant, who did not directly participate bu…
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 disregard plain and unambiguous language in the search warrant limiting searches to the computers located in t…
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 property without a search warrant?
18-9775 Dustin Washington v. United States Fourth Circuit 2019-06-24 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure drug-weight forfeiture fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure search-warrant sentencing-error standard-of-review sufficiency-of-evidence Whether the Fourth Circuit erred in failing to find that the trial court erred in denying Mr. Washington's motion to suppress the search of the BMW
18-9565 Casey Stoermer v. Ohio Ohio 2019-06-06 Denied Response WaivedIFP consent drug-possession exigent-circumstances fourteenth-amendment fourth-amendment probable-cause search-and-seizure search-warrant sentencing-enhancement warrantless-search Whether the warrantless search of Stoermer's apartment was justified despite the lack of exigent circumstances
18-9422 Davaus L. McCown v. United States Eleventh Circuit 2019-05-24 Denied Response WaivedIFP 4th-amendment controlled-buys criminal-pattern criminal-procedure drug-crimes drug-enterprise drug-sales fourth-amendment ongoing-activity ongoing-criminal-activity probable-cause probable-cause-search search-and-seizure search-warrant stale-information Whether two police-orchestrated, controlled buys demonstrate an ongoing pattern of drug sales sufficient to support probable cause for an otherwise-st…
18-9305 Joshua Chapman-Sexton v. United States Sixth Circuit 2019-05-16 Denied Response WaivedIFP child-pornography exclusionary-rule fourth-amendment fourth-amendment-search-and-seizure inevitable-discovery probable-cause search-warrant warrantless-search Whether the inevitable discovery exception to the Fourth Amendment exclusionary rule applies
18-9259 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?
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 Whether Mervin's positive alert on a parcel shipped to Hawaii, given his unsophisticated training and the possibility of contamination, suffices to es…
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 Whether the United States Court of Appeals erred in failing to grant petitioner King relief as to the denial of his motion to suppress the search warr…
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 Whether law enforcement, when searching a residence pursuant to an arrest warrant, can initiate a separate search into any firearm that it encounters,…
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 Whether the Fourth Amendment requires the affidavit supporting a search warrant to show a nexus between the criminal activity at issue and the place t…
18-8668 Joseph Edwards Teague, III v. North Carolina North Carolina 2019-04-02 Denied IFP affidavit appeal appellate-review detective-affidavit federal-law good-faith-exception probable-cause search-warrant state-law state-vs-federal state-vs-federal-law Was COA17-1134 dispositive of appeal brought to NC Court of Appeals?
18-1252 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?
18-8593 Dontae Callen v. Alabama Alabama 2019-03-27 Denied IFP affidavit appellate-review criminal-procedure death-penalty fourth-amendment jury-unanimity probable-cause search-warrant separate-affidavit Where an affidavit does not support a finding of probable cause for the issuance of a search warrant, can a reviewing court consider information from …
18-8597 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 Whether District Court Judge Cormac Carey obstructed justice under the definition of 18 U.S.C. 1503 when he refused Petitioner Counsel?
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
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 When and how should the courts be bound to the precedent set by the high Court's opinion?
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 Question not identified
18-8448 Edward Bishop v. United States Seventh Circuit 2019-03-18 Denied Response WaivedIFP 4th-amendment criminal-procedure digital-evidence digital-files dna-evidence evidence fourth-amendment particularity-requirement probable-cause search-warrant Does a search warrant which described the place to be searched and the things to be seized fail the particularity requirement of the Fourth Amendment?
18-1066 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 Whether a court must instruct the jury on a criminal defendant's good-faith reliance on professional tax advice as a defense, the scope of discretion …
18-7914 Jay Maurice Tharps v. United States Fourth Circuit 2019-02-12 Denied Response WaivedIFP 4th-amendment anonymous-informant drug-trafficking fourth-amendment leon-exception leon-good-faith-exception partially-rotten-fruit probable-cause search-warrant totality-of-circumstances totality-of-the-circumstances Whether the Fourth Circuit erred in determining that probable cause existed
18-7846 Reginald Hough v. United States Sixth Circuit 2019-02-07 Denied Response WaivedIFP 4th-amendment confrontation-clause evidence expert-testimony fifth-amendment lay-witness police-procedure probable-cause search-warrant totality-of-circumstances Was there probable cause for the search warrant?
18-1007 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 exclusionary rule apply to uphold a search
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 Should the Court revisit Birchfield v. North Dakota to resolve a split in the States: does the Fourth Amendment permit statutory 'implied consent' to …
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 Did the Court of Appeals violate the principle that rigid legal rules are ill-suited to an analysis of probable cause by relying on a rule to find a m…
18-746 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 Whether a plaintiff's injuries resulting from a police officer's use of force may be proximately caused by the officer's failure to secure a search wa…
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
18-6820 Robert Paul Langley, Jr. v. Jeff Premo, Superintendent, Oregon State Penitentiary Oregon 2018-11-26 Denied Response WaivedIFP fourth-amendment fourth-amendment-violation ineffective-assistance ineffective-assistance-of-counsel judicial-authorization particularity particularity-requirement search-warrant seizure sixth-amendment Does the Fourth Amendment require that a search warrant particularly describe the things to be seized?
18-623 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 Whether it is unconstitutional to allow appellate courts to review information known to police, but unknown to the neutral and detached magistrate at …
18-6587 David James Matthew v. United States Ninth Circuit 2018-11-06 Denied Response WaivedIFP anticipatory-warrant conditional-warrant florida-v-jardines fourth-amendment knock-and-announce probable-cause search-and-seizure search-warrant united-states-v-grubbs warrantless-entry Whether agent Waldo's initial warrantless entry into the enclosed 'screened front patio' of Matthew's residence violated the Fourth Amendment
18-6531 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 Was this an error?
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
18-6431 Justin Jenkins v. United States Sixth Circuit 2018-10-25 Denied Response WaivedIFP 4th-amendment evidence-suppression Exclusionary-Rule fourth-amendment good-faith-exception Illegal-Search Illegal-Seizure probable-cause search-and-seizure search-warrant standing vehicle-search Whether the trial court erred in refusing to suppress evidence from illegal searches
18-350 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 Whether police must obtain a warrant before searching cell phone data on a lost but passcode-protected phone
18-325 Thomas F. Gehrmann, et al. v. United States Tenth Circuit 2018-09-13 Denied Response Waived appellate-review exculpatory-evidence fourth-amendment franks-doctrine franks-v-delaware material-omissions probable-cause search-warrant standard-of-review waiver Whether Franks applies to material omissions and whether probable cause is vitiated and the entire affidavit and search warrant are invalid if omitted…
18-285 Missouri v. Phillip Douglass, et al. Missouri 2018-09-05 Denied Response RequestedRelisted (2) 4th-amendment civil-rights due-process exclusionary-rule fourth-amendment particularity particularity-requirement probable-cause search-and-seizure search-warrant standing warrant warrant-severability Is severance the default remedy when part of a warrant is valid, or does the Fourth Amendment also require that the valid sections make up 'the greate…
18-5705 George Easterly v. Florida Florida 2018-08-23 Denied Response WaivedIFP criminal-procedure exculpatory-evidence impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining plea-voluntariness postconviction-relief probable-cause probable-cause-affidavit search-and-seizure search-warrant voluntariness-of-plea Whether the Florida Court of Appeals unreasonably applied this Court's precedent
18-5718 James Willis Campbell, Sr. v. Virginia Virginia 2018-08-23 Denied Relisted (2)IFP 4th-amendment appellate-procedure appellate-review civil-rights constitutional-law criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction probable-cause search-and-seizure search-warrant standard-of-review Did the Supreme Court of Virginia err in reversing the Court of Appeals of Virginia's ruling and affirming the judgment of the trial court?
18-5587 Bobby Joe Rosa v. United States Fifth Circuit 2018-08-14 Denied Response WaivedIFP 4th-amendment 5th-amendment 6th-amendment confidential-informant criminal-procedure exclusionary-rule fifth-amendment fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant sixth-amendment Whether the Fifth Circuit erred in affirming the denial of the motion to suppress evidence under the good faith exception despite the lack of probable…
18-5536 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 When is a search of a cell phone conducted for the purposes of a search warrant following Riley v. California?
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 Lomax's arrest
18-5406 Orlando G. McDaniel v. United States District of Columbia 2018-08-01 Denied Response WaivedIFP constitutional-rights court-of-appeals exclusionary-rule fourth-amendment police-powers precedent probable-cause scope-of-search search-and-seizure search-warrant seizure Whether the police exceeded the scope of the search warrant and seized additional items in violation of the Fourth Amendment
18-5414 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 illeg…
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 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 jurisd…
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 Whether an application for a search warrant to examine the contents of a cell phone seized incident to an arrest must show more to establish probable …
18-5023 Glenn Edwards v. United States Third Circuit 2018-06-28 Denied Response WaivedIFP civil-procedure civil-rights due-process fourth-amendment free-speech ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence probable-cause search-warrant staleness standing takings Whether the district court abused its discretion in denying petitioner's motion to suppress evidence used to obtain a search warrant, violating the pe…