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317 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6799 Salena Nicole Glenn v. Erin Maldonado, Warden Sixth Circuit 2026-02-12 Pending IFP constitutional-rights due-process fourth-amendment probable-cause unreasonable-seizure warrantless-search 1. Does the warrantless seizure, arrest, and no search warrant of a legally parked vehicle occupant-without probable cause or reasonable suspicion! vi…
25-6753 Michael Sharpe v. Connecticut Connecticut 2026-02-06 Pending IFP biological-material dna-analysis fourth-amendment identification-profiling probable-cause warrantless-search Whether the Fourth Amendment allows the government, without a warrant or probable cause, to (1) extract and (2) analyze DNA from biological material i…
25-6741 Kimberly Cannon v. Florida Florida 2026-02-06 Pending Response WaivedIFP constitutional-rights criminal-procedure evidence-admissibility probation-violation search-and-seizure warrantless-search I. DOES EVIDENCE OBTAINED DURING A WARRANTLESS SEARCH USED IN A PROBATION VIOLATION REVOCATION PROCEEDING AND ALSO AS A BASIS FOR NEW LAW VIOLATION…
25-826 Lesly Pompy v. Lieutenant Marc Moore, MANTIS, et al. Sixth Circuit 2026-01-13 Pending Response Waived bivens-action constitutional-tort fourth-amendment home-entry qualified-immunity warrantless-search 1. Bivens and the Fourth Amendment— Whether a warrantless, post-warrant home entry—conducted hours after the original warrant was executed and without…
25-6540 Jason M. Potter v. United States Eighth Circuit 2026-01-12 Pending Response WaivedIFP constitutional-rights due-process fourth-amendment inventory-search state-law warrantless-search Whether the warrantless impoundment and subsequent inventory search of a vehicle violates the Fourth Amendment when the operator has not been arrested…
25-6489 Jason William Dobbs v. Nevada Nevada 2026-01-06 Pending Response WaivedIFP computer-privacy consent-search fourth-amendment law-enforcement third-party-consent warrantless-search 1. Whether the Fourth Amendment requires law enforcement to make sufficient inquiries as to the authority of a third person to consent to a warrantles…
25-774 Eric Tyrell Johnson v. United States Fourth Circuit 2026-01-02 Pending Amici (7) drug-detection fourth-amendment home-privacy law-enforcement probable-cause warrantless-search "[W]hen it comes to the Fourth Amendment, the home is first among equals." Florida v. Jardines, 569 U.S. 1, 6 (2013). As this Court has repeatedly str…
25A734 Frank Thompson v. Carl Wilson, Commissioner, Maine's Department of Marine Resources First Circuit 2025-12-22 Application carpenter-precedent closely-regulated-industry digital-surveillance fourth-amendment gps-tracking warrantless-search Question not identified.
25-6413 Marcus T. Dixon v. United States Seventh Circuit 2025-12-22 Pending Response WaivedIFP criminal-procedure law-enforcement probation-condition property-rights standing-to-challenge warrantless-search 1) Law enforcement conducted warrantless searches related to Marcus Dixon and a supervision condition that allowed searches of "his" property. He move…
25-709 West Virginia v. Michael Keith Allman West Virginia 2025-12-18 Pending custodial-arrest evidence-preservation fourth-amendment officer-safety search-incident-to-arrest warrantless-search Whether the State must show that an arrestee could access a weapon or destructible evidence from a bag the arrestee was carrying immediately before ar…
25-6348 Mounir Mrabet v. United States Second Circuit 2025-12-12 Denied Response WaivedIFP consent fourth-amendment government-action probable-cause search-and-seizure warrantless-search Can 4L. G&vermen4 <^o iw+o mu ZCclo^J Accent om4 m j consent -4han ase -iKd' cxaatnst m v^^rr^n
25A672 Michael Sharpe v. Connecticut Connecticut 2025-12-09 Application dna-collection forensic-genealogy fourth-amendment privacy-expectation shed-dna warrantless-search Question not identified.
25-6312 Fred Baskin v. Massachusetts Massachusetts 2025-12-08 Denied Response WaivedIFP arrest evidence-suppression fourth-amendment probable-cause search-and-seizure warrantless-search I. Whether the Fourt h Amendment is violated and requires suppression of evidence, when the police conduct a warrantless search of the arrestee's ba…
25-6057 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 …
25-331 Patrick Wayman Scullark, Jr. v. Iowa Iowa 2025-09-22 Denied Amici (2)Response RequestedResponse WaivedRelisted (3) arrestee-bag evidence-preservation fourth-amendment officer-safety search-incident-to-arrest warrantless-search Whether the Fourth Amendment categorically permits warrantless searches of bags carried by arrestees at the time of arrest but inaccessible to them at…
25A295 Lesly Pompy v. Lt. Marc Moore, MANTIS, et al. Sixth Circuit 2025-09-15 Application bivens-remedy fourth-amendment joint-task-force qualified-immunity warrantless-search westfall-act 1. Bivens / Fourth Amendment: Whether, after Egbert v. Boule, 596 U.S. 482 (2022), a Bivens remedy remains available for warrantless searches and seiz…
25A291 Brycen Dennis Scofield v. Oregon Oregon 2025-09-12 Presumed Complete emergency-aid-exception exigent-circumstances fourth-amendment probable-cause search-and-seizure warrantless-search Question not identified.
25A184 Ronald Smith v. Bexar County, Texas, et al. Fifth Circuit 2025-08-14 Presumed Complete fourth-amendment mental-health-detention probable-cause seizure traffic-stop warrantless-search Question not identified.
25-5240 Jason Shortridge v. United States Fourth Circuit 2025-07-30 Denied Response WaivedIFP child-pornography computer-evidence expert-witness-disclosure government-disclosure sixth-amendment trial-continuance I. Whether a district court abuses its discretion by continuing a case following the Government's late disclosure of an expert witness whose testimony…
25A105 Ismael Bimbow v. United States Second Circuit 2025-07-25 Presumed Complete due-process evidence-suppression exigent-circumstances fourth-amendment search-warrant warrantless-search Question not identified.
25-5002 Juan Carlos Garridoaguilar v. California California 2025-07-01 Denied IFP burden-of-proof criminal-procedure fourth-amendment search-and-seizure traffic-stop warrantless-search A police officer recovered a firearm when he conducted a warrantless search of the passengers of a car stopped for a registration violation. Was it er…
24-1275 Jo-Ann Connelly v. Connecticut, ex rel. Jeremiah Dunn, Chief State Animal Control Officer Connecticut 2025-06-13 Denied Response Waived community-caretaking exclusionary-rule forfeiture-proceedings government-welfare home-search warrantless-search 1. Whether the exclusionary rule applies to warrantless searches of the home conducted for community caretaking? 2. Whether the exclusionary rule app…
24-7374 Chayce Aaron Anderson v. Colorado Colorado 2025-06-06 Denied Response WaivedRelisted (2)IFP constitutional-rights fourth-amendment particularity-clause search-and-seizure stare-decisis warrantless-search What weight is due to considerations of stare decisis in evaluating the constitutional rights or protections against warrantless or unconstitutional s…
24-7213 Edward Magruder v. United States District of Columbia 2025-05-15 Denied Response WaivedIFP constitutional-law criminal-procedure fourth-amendment probable-cause search-incident-to-arrest warrantless-search Federal agents found heroin during a warrantless search of a backpack that they seized from Petitioner as he exited a bus. Agents then arrested Petiti…
24-7005 Alsham M. Laster v. Indiana Indiana 2025-04-16 Denied Response WaivedIFP criminal-procedure evidence-seizure fourth-amendment law-enforcement probable-cause warrantless-search Whether the warrantless seizure of Alsham Laster's phone, during a murder investigation, violated the Fourth Amendment when: (i) police did not have p…
24-6987 Cornelius Mayberry v. United States Fourth Circuit 2025-04-14 Denied Response WaivedIFP arrest-procedure fourth-amendment informant-testimony probable-cause search-and-seizure warrantless-search 1. Does a warrantless search and seizure of a closed container belonging to Petitioner violate the Fourth Amendment where there is not clear and unequ…
24-6978 Adam Douglas Sherwood v. United States Tenth Circuit 2025-04-14 Denied Response WaivedIFP fourth-amendment investigative-detention probable-cause terry-stop vehicle-search warrantless-search Under Terry and its progeny, the police may stop and briefly detain a person driving in a motor vehicle for investigative purposes if the officer has …
24-6903 John Sheldon Pickens, Jr. v. United States Eighth Circuit 2025-04-01 Denied Response WaivedIFP criminal-procedure exclusionary-rule fourth-amendment independent-source-doctrine investigatory-stop warrantless-search Does an unlawful flee that would not have happened but for the police's violation of the Fourth Amendment trigger the independent source exception to …
24A867 Jo-Ann Connelly v. Connecticut, ex rel. Jeremiah Dunn, Chief State Animal Control Officer Connecticut 2025-03-11 Presumed Complete animal-welfare civil-forfeiture exclusionary-rule fourth-amendment quasi-criminal-proceedings warrantless-search Whether the government may use in forfeiture proceedings evidence seized in the warrantless search of a home where it claims the search was motivated …
24-6747 Juventino L. Plancarte v. United States Seventh Circuit 2025-03-11 Denied Response WaivedIFP cbd-legalization constitutional-rights drug-sniffing-dogs fourth-amendment privacy-expectation warrantless-search Whether a warrantless sniff by a dog trained to reliably alert to legal possessions constitutes a search under the Fourth Amendment.
24-922 James Harper v. Michael Faulkender, Acting Commissioner of Internal Revenue Service, et al. First Circuit 2025-02-26 Denied Amici (12)Response RequestedResponse WaivedRelisted (2) cryptocurrency-records fourth-amendment privacy-rights surveillance-tracking third-party-doctrine warrantless-search The Internal Revenue Service used a subpoena to obtain without a warrant from a cryptocurrency exchange three years of transaction records concerning …
24-6537 Shaborn Washington v. United States Eleventh Circuit 2025-02-11 Denied Response WaivedIFP exclusionary-rule fourth-amendment motion-to-suppress probable-cause search-and-seizure warrantless-search 1. Whether it was error for the Eleventh Circuit to uphold the district court's order denying Petitioner's Motion to Suppress items obtained through a…
24-6499 Michael J. Baniel v. United States Fifth Circuit 2025-02-07 Denied Response WaivedIFP fourth-amendment narcotics-investigation probable-cause reasonable-suspicion traffic-stop warrantless-search Whether Trooper Colton Derrick unreasonably extended Mr. Michael J. Baniel's traffic stop, that was preceded by and subjugated to a narcotics investig…
24-6467 Ronnie Robinson v. United States Second Circuit 2025-02-04 Denied Response WaivedIFP cell-phone-search constitutional-rights fourth-amendment probation-search reasonable-suspicion warrantless-search 1. Was the warrantless search of Petitioner's cell phone unconstitutional when there was no reasonable suspicion to believe that the phone contained e…
24-6424 Terrance L. Clopton v. Illinois Illinois 2025-01-30 Denied Response WaivedIFP constitutional-rights criminal-procedure evidence-tampering false-affidavit probable-cause warrantless-search irikA??e.A\ aFW :TnIFoRfvA(STU£_ k??A\k\€L C®oMe\ To RknS>B XdFFF^l'/e_ CxdTv^TriAl CooAs^i Fd£ FA vW^T d xVU\WlOo Twe_\/eR{\<iiW ofTw£_ \AlAReAd\ A…
24-6357 Montrese Antoine Snuggs v. United States Fourth Circuit 2025-01-22 Denied Response WaivedIFP criminal-procedure fourth-amendment probation-condition search-and-seizure suspicionless-search warrantless-search Whether the Fourth Amendment authorizes warrantless, suspicionless searches of probationers as part of a condition of probation.
24-6281 Zodiac Azucenas v. United States Ninth Circuit 2025-01-13 Denied Response WaivedIFP digital-privacy fourth-amendment government-intrusion messenger-communications physical-intrusion warrantless-search Whether the Government's warrantless review of Mr. Azucenas's private written communications on Facebook's Messenger application constitutes a physica…
24-6254 Ryan Galal VanDyck v. United States Ninth Circuit 2025-01-08 Denied Response WaivedIFP constitutional-rights email-privacy fourth-amendment ineffective-assistance probable-cause warrantless-search The Sixth Amendment is paramount to defendants in a criminal proceeding to ensure effective assistance of counsel. When this doesn't happen, there is …
24-6024 Rudolph Daniel Miffin, Jr. and Jermaine Darnell Johnson v. United States Fourth Circuit 2024-11-25 Denied Response WaivedIFP automobile-exception fourth-amendment marijuana-decriminalization probable-cause vehicle-search warrantless-search 1) Where a state has decriminalized simple possession of marijuana, can state and local police, not acting in coordination with federal authorities bu…
24-577 Gilbert Perez v. United States First Circuit 2024-11-25 Denied Amici (2) arrest-search criminal-procedure fourth-amendment law-enforcement luggage-search warrantless-search Does the Fourth Amendment prohibit the warrantless search of a backpack, piece of luggage, or other bag carried by an individual at the time of his ar…
24A361 William Trevor Case v. Montana Montana 2024-10-16 Presumed Complete community-caretaking emergency-aid exigent-circumstances fourth-amendment probable-cause warrantless-search Question not identified.
24-424 Raymond N. Bailey, Jr. v. Arkansas Arkansas 2024-10-16 Denied Amici (3) criminal-supervision fourth-amendment probable-cause residency-verification search-and-seizure warrantless-search More than 3.5 million people in the United States are subject to warrantless, suspicionless searches of their residences as a result of their probatio…
24-5755 Wesley Perkins v. United States Fifth Circuit 2024-10-15 Denied Response WaivedIFP methamphetamine-evidence motion-to-suppress park-ranger probable-cause vehicle-search warrantless-search Whether the District Court erred by denying Perkins' motion to suppress evidence, methamphetamine, discovered during a Park Ranger's warrantless searc…
24-5745 Brian Broussard v. United States Fifth Circuit 2024-10-11 Denied Response WaivedIFP collective-knowledge constitutional-challenge due-process probable-cause seizure warrantless-search 1) Whether 18 U.S.C. 922(g)(1) is unconstitutional and, as such, fails to provide probable cause for detaining an American Citizen. 2) To what extent…
24-5687 Solomon Odubajo v. United States Sixth Circuit 2024-10-01 Denied Response WaivedIFP fourth-amendment reasonable-suspicion search-and-seizure source-state terry-stop warrantless-search 1. Given Deputy Twombly's admission on the record (PagelD //500, 9-14) that the only factor establishing reasonable suspicion to seize the Parcel was…
24-353 Elelake James Jefferson, Jr. v. Pennsylvania Pennsylvania 2024-09-30 Denied consent-doctrine fourth-amendment schneckloth-standard subjective-intent totality-of-circumstances warrantless-search When an individual believes he is not consenting to a warrantless search and waiving his rights under the Fourth Amendment, and does not intend to con…
24A268 Marino Scafidi v. Las Vegas Metropolitan Police Department, et al. Ninth Circuit 2024-09-17 Presumed Complete exculpatory-evidence fourth-amendment malicious-prosecution probable-cause summary-judgment warrantless-search Question not identified.
24-302 Marcos Mendez v. United States Seventh Circuit 2024-09-17 Denied Response RequestedResponse WaivedRelisted (2) border-search cell-phone-search electronic-privacy fourth-amendment suspicionless-search warrantless-search 1. Whether the Government may conduct a warrantless search of the electronic contents of a person's cell phone at the border. 2. Whether the Governme…
24A238 Gregory Rogers v. United States Sixth Circuit 2024-09-04 Presumed Complete criminal-procedure expectation-of-privacy fourth-amendment probable-cause vehicle-search warrantless-search Question not identified.
24-5321 Terry M. Peterson, Jr. v. Wisconsin Wisconsin 2024-08-15 Denied Response WaivedRelisted (2)IFP bodily-integrity fourth-amendment medical-procedure probable-cause search-and-seizure warrantless-search wl A Search hJavsast'l b/ n1/0 ^ri^ovc^uv\<M cppk 7^c Ck// beiuh*'*^ -M< offu^r G*d ~bh< ^ud<yc u/kv iSSUf ^ 4-k-e wi uv/ b-t Vtcovdid- LUiy.Skrt. f 9…
24-5226 Terry Dwayne Jones v. United States Fourth Circuit 2024-08-05 Denied Response WaivedIFP burden-of-proof fourth-amendment law-enforcement pacing probable-cause search-and-seizure speed-estimation traffic-stop warrantless-search "The government bears the burden of proof in justifying a warrantless search or seizure." United States v. McGee, 736 F.3d 263, 269 (4th Cir. 2013), c…
24-5150 Toyrieon Sessions v. United States Ninth Circuit 2024-07-26 Denied Response WaivedIFP Due-Process fourth-amendment law-enforcement mobile-device Mobile-Devices Probable-Cause Riley-v-California search-and-seizure Seizure warrant-requirement Warrantless-Search Following Riley v. California, 573 U.S. 373 (2014), may law enforcement seize a person's mobile telephone—without probable cause and without a warrant…
24-5147 Lamon D. Boyd v. Ohio Ohio 2024-07-25 Denied IFP due-process exclusionary-rule exigent-circumstances fourth-amendment issue being raised search-and-seizure term-1 term-2 term-3 term-4 term-5 term-6 warrantless-search The First Constitutional question presented, stands upon the Federal 4th Amendment, and 14th Amendment Due Process Clause applicable to the State that…
24-5136 John Michael Murphy v. United States Fifth Circuit 2024-07-25 Denied Response WaivedIFP 4th-amendment constitutional-violation contraband fourth-amendment pat-down plain-touch-doctrine probable-cause search-and-seizure warrantless-search Whether, under the plain-touch doctrine established by Minnesota v. Dickerson, 508 U.S. 366, 375, 113 S. Ct. 2130, 124 L. Ed. 2d 334 (1993), deputies …
24A72 Raymond N. Bailey, Jr. v. Arkansas Arkansas 2024-07-22 Presumed Complete fourth-amendment probable-cause probation-condition reasonable-suspicion search-waiver warrantless-search The question presented in this case is whether a warrantless search violates the Fourth Amendment where, although a person has consented to warrantles…
24-5115 Jima Brown v. New York New York 2024-07-19 Denied IFP constitutional-rights criminal-procedure due-process fourth-amendment investigative-suspicion law-enforcement privacy probable-cause search-and-seizure warrantless-search WJ FourFi/\ AyvAead iM.e/rF permd-S Afi' v^l S>FxVeS rVvuFe a warrarv+less CocFs OocUbaSe "5Wrck ^ ^ro/vA a |jFre£] person wko AaS Ac4 bee a. £oc t c\…
23-7805 In Re Enrique Medina 2024-06-28 Denied IFP access-to-court constitutional-law constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction search-and-seizure sixth-amendment warrantless-search 1. WHETHER THE PETITIONER IS PARTY TO SEEK TRIAL WHEN PETITIONER'S RIGHTS VIOLATED 2. WHETHER RESPONDENT'S SUIT VIOLATED PETITIONER'S PROCEDURAL DUE …
23-7748 Jacob W. Barron v. United States Fifth Circuit 2024-06-18 Denied Response WaivedIFP compliance-check criminal-procedure fourth-amendment fourth-amendment-expectation-of-privacy law-enforcement privacy-expectation probable-cause probation probation-search warrantless-search Mr. Jacob W. Barron's probation officers conducted a compliance check of Mr. Barron's home after they were contacted by Rapides Parish Sheriff's Offic…
23-7734 Reshod Jamar Everett v. United States Fourth Circuit 2024-06-17 Denied Response WaivedIFP criminal-procedure fourth-amendment fourth-amendment-rights law-enforcement maryland-v-buie probable-cause protective-sweep reasonable-belief warrantless-search Whether the Fourth Amendment precludes the police from conducting a warrantless search of a home when the police decided to conduct a protective sweep…
23A1075 Bruce L. Hay v. United States Tenth Circuit 2024-05-31 Presumed Complete curtilage fourth-amendment pole-camera reasonable-expectation-of-privacy surveillance warrantless-search Question not identified.
23-7580 Joseph Moraga v. Texas Texas 2024-05-29 Denied IFP 4th-amendment advisory-opinion contemporaneous-to-arrest custodial-arrest fourth-amendment possession probable-cause reasonable-expectation-of-privacy search-incident-to-arrest warrantless-search PETITIONER AT TRIAL FILED A MOTION TO SUPPRESS EVIDENCE THAT THE STATE ADMITS WAS FOUND DURING A WARRANTLESS SEARCH. Petitioner's MOTION WAS BASED ON …
23-1242 Taurean Jerome Weber v. United States Ninth Circuit 2024-05-24 Denied Response Waived digital-property digital-trespass exclusionary-rule fourth-amendment good-faith-exception government-intrusion search terms-of-service trespass warrantless-search 1. Did the Court of Appeals err when it determined Instagram's boilerplate Terms of Service delineated Petitioner's Fourth Amendment rights and held n…
23A1042 Curtis Mitchell Paul v. United States Sixth Circuit 2024-05-22 Presumed Complete digital-device exigent-circumstances fourth-amendment motion-to-suppress probable-cause warrantless-search Question not identified.
23-7413 Adonis Marquis Perry v. United States Fourth Circuit 2024-05-08 Denied Response WaivedIFP cell-phone cell-phone-privacy consent constitutional-rights fourth-amendment fourth-amendment-violation law-enforcement privacy search-and-seizure third-party-consent warrantless-search 1. Whether a third party's personal use and physical possession of Petitioner's cell phone transfer authority to the third party to consent to law enf…
23-7385 Jacob Paul Bermel v. United States Eighth Circuit 2024-05-06 Denied Response WaivedIFP consent electronic-device failure-to-object fourth-amendment implied-consent minor-consent search search-and-seizure warrantless-search L. Whether the failure to object to law enforcement search establishes implied consent to search for purposes of the Fourth Amendment? II. Whether a …
23-7289 Robert A. Horse v. South Dakota South Dakota 2024-04-23 Denied Response WaivedIFP 4th-amendment cell-phone-data civil-rights due-process fourth-amendment search-and-seizure third-party third-party-doctrine warrantless-search Whether the State Supreme Court opinion violated the Fourth and Fourteenth Amendments by allowing law enforcement to obtain access to a third party (G…
23-7102 Jeremy Lee Koons v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2024-03-28 Denied Response WaivedIFP exclusionary-rule fourth-amendment gps-tracking law-enforcement probable-cause search-and-seizure vehicle-search warrantless-search 1) When law enforcement applied for the search warrant to search petitioner's vehicle and residence, does the Warrant Clause of the Fourth Amendment r…
23-7065 Michael Adam Carmody v. United States Eleventh Circuit 2024-03-25 Denied Response WaivedIFP cell-site-location fourth-amendment home-surveillance ip-address ip-address-records privacy privacy-interest property property-rights search warrantless-search Whether the warrantless seizure of a person's historical IP address records, which includes their conduct within their homes, violates an individual's…
23-6957 Marcus Kelly v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-03-11 Denied Response WaivedIFP 4th-amendment cannabis-odor exigent-circumstances fourth-amendment probable-cause scope-of-search search-and-seizure search-scope vehicle-search warrantless-search When a warrantless search of a vehicle is initiated, due to the odor of "burnt cannabis," Does dismantling the interior exceed the scope of the search…
23-6897 Pedro Armando Nava v. United States Eighth Circuit 2024-03-06 Denied Response WaivedIFP fourth-amendment fourth-amendment-search-and-seizure industrial-hemp marijuana-odor medical-marijuana odor-of-marijuana probable-cause vehicle-search warrantless-search Whether the Fourth Amendment of the United States Constitution permits a warrantless search of a vehicle based solely upon the odor of marijuana in a …
23A810 Arthur Lopez v. Court of Appeal of California, Second Appellate District, et al. California 2024-03-04 Presumed Complete border-search electronic-devices fourth-amendment privacy-rights probable-cause warrantless-search Question not identified.
23-6838 Danny Lee Warner, Jr. v. Montana Montana 2024-02-29 Denied Response WaivedIFP attorney-client-privilege due-process fourteenth-amendment fourth-amendment presumption-of-prejudice prosecutorial-misconduct sixth-amendment warrantless-search 1. Are unsworn assertions in a response brief sufficient to overcome clear and convincing direct evidence that prosecutor illegally searched and seize…
23-6796 Yanier N. Tellez, aka Yanier Tellez-Crespo v. United States Sixth Circuit 2024-02-21 Denied Response WaivedIFP 4th-amendment consent consent-search fourth-amendment probable-cause search-and-seizure seizure-of-evidence traffic-stop wallet-search warrantless-search Was the District Court's denial of Petitioner's Motion to Suppress a result of clear error in determining the facts relative to consent for search v…
23-6580 Charles Ramon, III, aka Charles Roger Ramon v. United States Tenth Circuit 2024-01-25 Denied Response WaivedIFP evidence fourth-amendment privacy-expectation probation probation-conditions reasonable-suspicion search-and-seizure supervised-release warrantless-search This Court's prior precedent in Griffin v. Wisconsin, 483 U.S. 868 (1987) and its progeny hold that a person's status as a supervised releasee, such a…
23-6550 Xavier Howell v. United States Fourth Circuit 2024-01-23 Denied Response WaivedIFP drug-trafficking fourth-amendment fourth-amendment-protections probable-cause terry-stop terry-v-ohio vehicle-search vehicle-stop warrantless-search warrantless-stop Whether a Warrantless Stop of a Vehicle, Based Solely on Proximity to a Motel Known for Drug Trafficking, in the Absence of any Actual Violation of th…
23-6511 Thomas Albert Sosnowski v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-01-18 Denied Response WaivedIFP child-protective-services constitutional-rights due-process exhaustion-requirement exigent-circumstances federal-court fourth-amendment habeas-corpus social-worker state-court warrantless-search Governing the Statutory Requirements that a Federal Court as Ms. copy Section 2r^S^£^jli9.^AC. properly exhaust in the highest Court of his State. Jal…
23-6455 Darrel R. Fisher v. United States District Court for the Western District of Missouri Eighth Circuit 2024-01-11 Denied Response WaivedIFP 42-usc-1981 42-usc-1982 4th-amendment civil-rights conspiracy constitutional-protections due-process fourth-amendment law-enforcement property-rights trespass warrantless-search 1) first: 4:99-01.2-BCW; When wasLibfie Federal Government allowed to "open" a [case] against me in 1999, and when was any indictment fitst made publi…
23A612 Thurmond Allen v. Pennsylvania Pennsylvania 2024-01-03 Presumed Complete firearm-possession fourth-amendment hearsay-evidence probable-cause search-warrant warrantless-search Question not identified.
23-6353 Robert John Virnig v. Minnesota Minnesota 2023-12-26 Denied IFP 4th-amendment agency exclusionary-rule fourth-amendment government-informant home-office probable-cause search-and-seizure warrant-requirement warrantless-search Did the District Court err in ruling that the government informant was not acting as an agent of the government when, without a warrant or an exceptio…
23-6193 Steven Vincent Smith v. United States Eleventh Circuit 2023-12-07 Denied Response WaivedRelisted (2)IFP brady-material criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception search-and-seizure suppression-of-evidence void-ab-initio warrant-validity warrantless-search Does the determination that a warrant is void ab initio, rendering the resultant search of the Petitioner's residence warrantless (and thus unreasonab…
23-5955 Kyle Maurice Parks v. United States Eighth Circuit 2023-11-06 Denied Response WaivedIFP 4th-amendment constitutional-rights criminal-procedure due-process evidence fourth-amendment government-attorney government-misconduct illegal-evidence search-and-seizure warrantless-search (1) Can an attorney for the government go outside the jurisdictional process and ask a friend to dearch an office without a warrant and not violate th…
23-5840 Alvaro Castillo, Jr. v. United States Fifth Circuit 2023-10-19 Denied Response WaivedIFP border-search cell-phone-search cell-phones constitutional-rights customs-and-border-protection digital-privacy fourth-amendment search-and-seizure u.s-border warrantless-search Whether, or under what circumstances, the Fourth Amendment permits customs officers to conduct a warrantless search of the digital contents of a perso…
23-302 Bryce Watkins v. Brian Wunderlich, et al. Tenth Circuit 2023-09-26 Denied Response Waived co-occupant-rights consent consent-search domestic-violence express-refusal fourth-amendment home-entry shared-dwelling warrantless-search In Georgia v. Randolph, 547 U.S. 103, 120 (2006), this Court clearly established that "a warrantless search of a shared dwelling for evidence over the…
23-5594 Brim Bell v. New Hampshire New Hampshire 2023-09-15 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure due-process false-testimony ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct sixth-amendment trial-procedure warrantless-search 1. Whether trial-counsel erred by not filing a motion to quash the indictments, despite the overwhelming-evidence that proves the investigating offi…
23-206 Jerry Lynn Burns v. Iowa Iowa 2023-09-06 Denied Response Waived civil-rights criminal-procedure dna-collection fourth-amendment privacy-rights probable-cause search-and-seizure warrantless-search Does the State's warrantless search of a person's unavoidably shed DNA violate the Fourth Amendment where the individual has never been arrested or co…
23-199 George Anibowei v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. Fifth Circuit 2023-09-01 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) attorney-client-privilege border-search cellphone-privacy cellphone-search circuit-conflict fourth-amendment preliminary-injunction warrantless-search Whether the Fourth Amendment's protection against unreasonable searches and seizures entitles petitioner to a preliminary injunction against additiona…
23-5481 Festus Okwudili Ohan v. Armando B. Fontoura, Sheriff, Essex County, New Jersey, et al. Ninth Circuit 2023-08-30 Denied Relisted (2)IFP civil-rights digital-privacy due-process excessive-force false-arrest fourth-amendment law-enforcement malicious-prosecution probable-cause retaliation traffic-stop warrantless-search Question not identified.
23-188 Robert Dayon Dumas v. United States Eleventh Circuit 2023-08-29 Denied Response Waived credibility fifth-amendment fourth-amendment miranda-rights probable-cause search-and-seizure vehicle-search warrantless-search 1. Did the district court err in finding no Fourth or Fifth Amendment violation based upon the court's credibility determination on Deputy Denbo. 2. …
23-5473 Arnez J. Salazar v. United States Seventh Circuit 2023-08-29 Denied Response WaivedIFP arizona-v-gant closed-container fourth-amendment law-enforcement probable-cause reaching-distance search-incident-to-arrest secured-arrestee vehicle-search warrantless-search Whether this Court's opinion in Arizona v. Gant, 556 U.S. 332 (2009) created a two-part test that requires an arrestee to be unsecured and within reac…
23-5428 Hector Gastelum Valenzuela v. United States Fifth Circuit 2023-08-24 Denied Response WaivedIFP 4th-amendment exigent-circumstances fourth-amendment law-enforcement motel-room motel-search probable-cause protective-sweep search-and-seizure warrantless-search Whether the mere presence of a person in a motel room—that officers believe contains drugs and a gun—creates exigent circumstances sufficient to justi…
23-5412 Keith Allen Shrum v. United States Eighth Circuit 2023-08-22 Denied Response WaivedIFP civil-rights due-process electronic-evidence evidence exigent-circumstances fourth-amendment fruit-of-the-poisonous-tree probable-cause search-and-seizure warrant warrant-specificity warrantless-search 1. Whether the exigent circumstances exception saves a warrantless seizure of a defendant's phone when law enforcement could have obtained a warrant a…
23A133 Gerald L. Ferreyra, et al. v. Nathaniel Hicks Fourth Circuit 2023-08-15 Presumed Complete bivens-action circuit-split damages-remedy fourth-amendment qualified-immunity warrantless-search 1. Because recognizing a Bivens action "is 'a disfavored judicial activity," it is settled that no Bivens claim may lie where "there is any rational r…
22-7781 Donell Jamar Hines v. United States Eighth Circuit 2023-06-14 Denied Response WaivedIFP 4th-amendment curtilage fourth-amendment good-faith-exception jardines-precedent k9-sniff search-and-seizure warrant-requirement warrantless-search 1. Whether the Leon good faith exception should allow admission of evidence obtained as a result of two unconstitutional searches, in violation of Jar…
22-7629 Jose Luis Nunez v. United States Ninth Circuit 2023-05-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP circuit-split exigent-circumstances fourth-amendment inevitable-discovery probable-cause protective-sweep search-and-seizure warrant-requirement warrantless-search 1. Whether police may enter and perform a "protective sweep" of a home not proximate to an arrest scene and when they lack affirmative information sug…
22-7603 James Snyder v. Aaron Krieger, Warden, et al. Ninth Circuit 2023-05-19 Denied Response WaivedIFP border-search civil-procedure civil-rights due-process electronic-privacy fourth-amendment judicial-misconduct prison-conditions probable-cause search-and-seizure standing warrantless-search The OCR text provided is too degraded and illegible to accurately extract the "Question(s) Presented" section verbatim. While a "QUESTION(S) PRESENTED…
22-7592 Grace Woodham v. Tucker Scheffer New Hampshire 2023-05-18 Denied IFP abuse-of-discretion civil-rights digital-privacy due-process electronic-communications equal-protection fourth-amendment free-speech probable-cause search-and-seizure standing warrantless-search The OCR text provided is too degraded and illegible to accurately extract the "Question(s) Presented" section. While a section header labeled "QUESTIO…
22-1031 Constance Westfall v. Jose Luna, et al. Fifth Circuit 2023-04-25 Denied 4th-amendment coercive-interrogation consent curtilage fourth-amendment knock-and-talk search seizure warrant warrantless-search 1. Whether the "knock-and-talk" exception to the Fourth Amendment's protection against unlawful entry onto a person's property permits police officers…
22-6995 Matthew Patrick Langenberg v. United States Eighth Circuit 2023-03-13 Denied Response WaivedIFP 4th-amendment apparent-authority cell-phone cell-phone-privacy consent consent-search fourth-amendment privacy riley-precedent search warrantless warrantless-search Whether an employer has "apparent authority" to consent to a complete search, including a forensic examination, of an employee's cell phone based upon…
22-862 Brooklyn Zavion Johnson v. West Virginia West Virginia 2023-03-10 Denied Response Waived 4th-amendment 5th-amendment consent-to-search due-process fifth-amendment fourth-amendment juvenile-rights probable-cause search-and-seizure warrantless-entry warrantless-search Whether Petitioner's 4th amendment right against unreasonable search was violated where police made warrantless entry into his hotel on the basis that…
22-776 Courtney Drake v. Georgia Georgia 2023-02-17 Denied Amici (1)Response Waived blood-draw blood-test breath-test due-process dui fourth-amendment implied-consent self-incrimination warrantless-search The Petitioner, a Georgia motorist who was arrested for driving under the influence of alcohol, refused to submit to a warrantless blood test. Breath …
22-6774 Dewayne Lewis v. United States Seventh Circuit 2023-02-14 Denied IFP 4th-amendment constitutional-protection dog-sniff economic-status fourth-amendment multiunit-living-space multiunit-living-spaces privacy-rights property-rights warrantless-search Does warrantless use of a drug detection dog constitute an unreasonable search when the officer and dog are standing in the common area of a multiunit…
22-6766 Michael A. Weis v. Illinois Illinois 2023-02-13 Denied IFP cell-phone cell-phone-privacy civil-rights criminal-procedure due-process fourth-amendment search-and-seizure warrantless-search Petitioner's Fourth Amendment I. Did the Illinois courts violate Right to be free from illegal search and seizore when the police seized his cl phone …
22-706 Timothy Howard Spriggs v. United States Eleventh Circuit 2023-01-30 Denied Response Waived constitutional-rights criminal-procedure fourth-amendment ineffective-assistance private-property residence rv search sentencing-guidelines utilities warrantless-search 1. Whether the Fourth Amendment permits the warrantless search of an immobile RV, i.e., one that is attached to usual residential utilities such as se…
22-6523 Alfonzo Johnlouis v. United States Fifth Circuit 2023-01-11 Denied Response WaivedIFP fourth-amendment government-action government-actor mail-carrier postal-service search-and-seizure standing unreasonable-search unreasonable-searches warrantless-search Is the warrantless search of a First Class sealed mail Priority package by a United States Postal Service mail carrier during the course and scope of …
22-6473 Michael Dewayne Dennis v. United States Fifth Circuit 2023-01-06 Denied IFP criminal-procedure due-process fourth-amendment privacy privacy-rights reasonable-expectation-of-privacy search sentencing-disparities surveillance warrantless-search Whether long-term police use of a surveillance camera targeted at a person's home and curtilage is a Fourth Amendment search. Whether the Due Process…
22-6053 Charles Skaggs, Jr. v. United States Seventh Circuit 2022-11-14 Denied Response WaivedIFP border-search border-searches electronic-device electronic-devices fourth-amendment probable-cause reasonable-suspicion warrant-requirement warrantless-search I. Does the Fourth Amendment require that searches of electronic devices at the United States border be conducted pursuant to a warrant based on proba…
22-6026 Robert C. Stryker v. Wisconsin Wisconsin 2022-11-09 Denied Response WaivedIFP computer-evidence computer-files criminal-procedure evidence fourth-amendment search-and-seizure social-worker-patient-privilege social-worker-privilege state-court-review warrantless-search • Were the petitioner's Fourth Amendment rights violated when the contents of computer files held in evidence against him were revealed in warrantless…
22-6024 Orentha James Pea v. United States Fifth Circuit 2022-11-08 Denied Response WaivedIFP consent consent-search criminal-procedure fernandez-rule fernandez-v-california fourth-amendment physical-presence randolph-exception randolph-v-california search-and-seizure warrantless-search In Fernandez v. California, 571 U.S. 292, 306, 134 S. Ct. 1126, 1136, 188 L. Ed. 2d 25 (2014), this Court acknowledged that, if "Randolph requires pre…
22-5996 Ricky D. Runner v. United States Fourth Circuit 2022-11-04 Denied Response WaivedIFP anonymous-informant cbd-oil fourth-amendment law-enforcement-search plain-view-doctrine probable-cause stem-pipe warrantless-search Whether the district court violated Ricky Runner's rights secured under the Fourth Amendment to the United States Constitution by concluding that the …
22-371 Pennsylvania v. Akim Sharif Jones-Williams Pennsylvania 2022-10-20 Denied Response Waived 4th-amendment blood-draw blood-testing exigent-circumstances mitchell-v-wisconsin motor-vehicle-incident probable-cause supreme-court-precedent warrantless-search Did the Pennsylvania Supreme Court issue a decision in conflict with, and fail to properly apply and follow, binding legal precedent from the United S…
22-5846 Michael Pacelli v. United States Fourth Circuit 2022-10-18 Denied Response WaivedIFP 4th-amendment due-process effective-assistance-of-counsel exclusionary-rule fourth-amendment ineffective-assistance jurisdiction search-and-seizure statute-of-limitations warrantless-search 1. ) Can a law enforcement agency sieze evidence or record private phone calls without a warrant, and then use the gathered evidence against a defend…
22-5684 Victor Gavillan Martinez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-09-27 Denied IFP 14th-amendment 4th-amendment 6th-amendment criminal-procedure due-process evidence-suppression fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment warrantless-search Whether Petitioner's Fourth, Sixth, and Fourteenth Amendment Rights to the United States Constitution Require this Court to vacate Petitioner's convic…
22-5298 Seth Anthony Johnson v. United States Ninth Circuit 2022-08-05 Denied Response WaivedIFP cell-phone-privacy fourth-amendment homeland-security homeland-security-search privacy-interest probation-condition probation-officer search-condition supervised-release warrantless-search Whether the Ninth Circuit improperly ruled that Mr. Johnson's supervised release search condition substantially diminished his weighty privacy interes…
22-5282 Cory Mingo v. Florida Florida 2022-08-04 Denied Response WaivedIFP 4th-amendment 6th-amendment cell-site-location-information criminal-procedure due-process fourth-amendment ineffective-assistance probable-cause search-and-seizure sixth-amendment warrantless-search Question One: Whether the Petitioner was deprived of the effective counsel where counsel failed to file a motion to suppress cell site location inform…
22-5250 Ella W. Horn v. Experis US Inc. Ninth Circuit 2022-08-02 Denied Response WaivedIFP cell-site-location-information fourth-amendment fourth-amendment-privacy fourth-amendment-reasonableness fourth-amendment-standing warrantless-search 1. Did the Ninth Circuit and the District Court violate my civil and constitutional rights to ignore Federal precedence and refusal to hear and or add…
21-8260 Tracy Garrett v. Warden, FCC Coleman-USP II Eleventh Circuit 2022-06-29 Denied Response WaivedIFP 4th-amendment appellate-review certiorari-standard circuit-split consent constitutional-violation federal-question fourth-amendment search-and-seizure supervisory-power warrantless-search raised an objection (trial) my attorney (Detective Sams) was giving The second day into my when the Government's key witness The home before the arres…
21-8210 Ralph William Lee, III v. Maryland Maryland 2022-06-23 Denied Response WaivedRelisted (2)IFP civil-rights confidential-documents constitutional-law constitutional-rights criminal-procedure due-process fourth-amendment right-to-counsel unreasonable-seizure waiver warrantless-search \o^€r Cc^r-V violate f^ixU clM Ap$d\c^A4 o^iisVh^ion^\ rUjh% U| ^ccA'incj +<7 tAiwrc 4KaA He ftnou/.A^Wj cuuk voWA^'A^ uxuued. hi-b C .5K4 4t? C-oan^…
21-8150 Lorenzo Shelton v. United States Sixth Circuit 2022-06-16 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-privacy exclusionary-rule fourth-amendment parole parole-conditions reasonable-suspicion search-and-seizure warrantless-search (1) Whether the lower courts erred in allowing the Petitioner's cell phone to be searched just because he was on State parole from the State of Tennes…
21-1525 Antonio Daron Futrell v. Virginia Virginia 2022-06-03 Denied Response RequestedResponse WaivedRelisted (2) abandonment abandonment-exception cell-phone-privacy cell-phones digital-data digital-privacy fourth-amendment riley-precedent riley-v-california search-and-seizure warrantless-search Police conducted a warrantless search of the digital data on a cell phone appellant left at a restaurant. The lower courts held that the search did no…
21-8037 Larry Blakney v. South Carolina Law Enforcement Division, et al. Fourth Circuit 2022-06-02 Denied Response WaivedIFP civil-rights due-process electronic-privacy fourth-amendment privacy probable-cause search-and-seizure standing traffic-stop warrantless-search Question not identified.
21-8038 Alberic Nault v. California California 2022-06-02 Denied Response WaivedIFP blood-draw breath-test fourth-amendment medical-condition probable-cause search-and-seizure unconscious warrant-requirement warrantless-search 1. Where a driver's medical condition precludes a reasonable opportunity to administer a breath test, does the Fourth Amendment always permit a warran…
21-1486 Nancy Catherine Powers v. Alabama Alabama 2022-05-25 Denied Response RequestedResponse WaivedRelisted (2) fourth-amendment premises-warrant probable-cause search-and-seizure search-warrant totality-of-the-circumstances unreasonable-search visitor visitor-rights warrantless-search 1. Whether the search of a purse in the possession of a visitor present at a residence during the execution of a premises warrant violates the Fourth …
21-7950 Enrique Alejandro Faz v. United States Fifth Circuit 2022-05-24 Denied Response WaivedIFP 4th-amendment burden-of-proof constitutional-responsibility drug-conversation drug-evidence due-process evidence-discovery government-agent probable-cause warrantless-search - Whether it is unconstitutional to derive from an alleged phone call that the conversation is about drugs simply because an ag ent of the government…
21-1465 Austin Channing McGraw v. Kentucky Kentucky 2022-05-20 Denied Response Waived 4th-amendment 5th-amendment constitutional-rights criminal-procedure due-process fifth-amendment fourth-amendment self-incrimination warrantless-search Whether the government can advise a jury that a Defendant invoked his right against self-incrimination, and refused a consensual, warrantless search o…
21-7874 William Meyer v. United States Eighth Circuit 2022-05-16 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights consent due-process exigent-circumstances fourth-amendment home-entry knock-and-talk search-and-seizure warrantless-search In a "knock and talk " scenario, "even if an occupant chooses to open the door and speak with the officers, the occupant need not allow the officers t…
21-7860 Erick Rahumid Hobbs v. United States Fourth Circuit 2022-05-13 Denied Response WaivedIFP cell-site-location-information exigent-circumstances fourth-amendment fourth-circuit imminent-harm warrantless-search 1. Whether law enforcement's warrantless collection of real-time cell-site location information (CSLI) is reasonable under the "imminent harm" clause …
21-7821 Mandrail Jamar Woodberry v. United States Fourth Circuit 2022-05-10 Denied Response WaivedIFP constitutional-rights criminal-law digital-privacy due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel plea-bargaining probable-cause sentencing unreasonable-search warrantless-search Question not identified.
21-7785 Jose Mena-Valdez v. United States Eighth Circuit 2022-05-05 Denied Response WaivedIFP 4th-amendment criminal-procedure law-enforcement probable-cause vehicle-search warrantless-search Did law enforcement officers have probable cause to conduct a warrantless search of the vehicle driven by the Defendant.
21-7574 Danyel Black v. United States Eleventh Circuit 2022-04-08 Denied Response WaivedIFP armed-career-criminal-act controlled-substances criminal-procedure fourth-amendment prior-conviction probation-search sentencing-enhancement warrantless-search Whether a Florida controlled substances offense, which does not require proof that the defendant knew of the illicit nature of the controlled substanc…
21-1330 Arthur O. Armstrong v. City of Conyers, Georgia Eleventh Circuit 2022-04-06 Denied civil-rights due-process equal-protection equal-protection-clause false-reports fourteenth-amendment fourth-amendment official-discrimination racial-profiling search-and-seizure warrantless-search Whether respondent on July 5, 2002, transgressed the Fourth and Fourteenth Amendments to the Constitution of the United States when respondent acted w…
21-1318 Gregory Bogomol v. United States Fifth Circuit 2022-04-04 Denied Response Waived 28-usc-2255 evidentiary-hearing federal-procedure fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel knock-and-talk motion-to-suppress warrantless-search 1. What is the proper standard for determining when a federal habeas petitioner is entitled to an evidentiary hearing under 28 U.S.C. § 2255? 2. Does…
21-7508 Draven Greene v. United States Sixth Circuit 2022-03-31 Denied Response WaivedIFP 4th-amendment caretaker-exception constitutional-rights criminal-evidence evidence-suppression exclusionary-rule fourth-amendment police-misconduct search-and-seizure vehicle-search warrantless-search Whether the Fourth Amendment to the U.S. Constitution extends to occupied vehicles in non-emergency caretaker searches and whether such searches shoul…
21-7387 Henry E. Wood v. United States Seventh Circuit 2022-03-16 Denied Response WaivedIFP 4th-amendment cellphone circuit-split fourth-amendment law-enforcement mobile-phone parolee parolee-rights search-and-seizure warrant-requirement warrantless-search I. Whether the Seventh Circuit's decision allowing law enforcement officers to conduct a warrantless search of a parolee's mobile phone upon arrest ha…
21-7304 Wilfredo Torres v. New York City Police Department, et al. Second Circuit 2022-03-08 Dismissed Response WaivedIFP civil-procedure civil-rights due-process judicial-ethics judicial-misconduct presidential-power standing torture-allegations warrantless-search warrantless-surveillance Whether United States Judge Ronnie Abrams and United States Magistrate-Judge Kevin Nathaniel Fox violated rules of ethics and my right to due process …
21-7274 Kaleb L. Basey v. United States Ninth Circuit 2022-03-03 Denied Response WaivedIFP 18-usc-2703 digital-privacy electronic-communications email-preservation fourth-amendment probable-cause reasonable-jurists search-and-seizure warrantless-search Whether reasonable jurists could disagree with the district court's decision that the initial and continuous, nine-month warrantless preservation of B…
21-1190 Ramon Rios, III v. Texas Texas 2022-02-28 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment arrest fourth-amendment home-search law-enforcement plain-view-doctrine protective-sweep surveillance warrantless-search I. Does the Fourth Amendment prohibit a warrantless protective sweep of the interior of a home following the arrest of a resident outside his home tha…
21-7114 Robert Noel Smith v. Florida Florida 2022-02-15 Denied Response WaivedIFP 4th-amendment exigent-circumstances felony-fleeing fourth-amendment fresh-pursuit home-entry lange-v-california misdemeanant-pursuit probable-cause vehicle-registration warrantless-search Can State courts lawfully hold evidence admissible obtained froma warrantless search, seizure, and arrest where an officer entered the residence of a …
21-7024 Edgar Manuel Sierra-Serrano v. United States Eighth Circuit 2022-02-01 Denied Response WaivedIFP 4th-amendment civil-rights due-process exceptions fourth-amendment judicial-review probable-cause search-and-seizure standard-of-review warrantless-search 1. Has the progeny of 'probable cause' and the innovations of 'exceptions' to the Fourth Amendment concerning the justification to advance in a warra…
21-6717 Kenneth Lamont Sanders v. United States Eighth Circuit 2021-12-23 Denied Response WaivedIFP 4th-amendment civil-rights community-caretaking domestic-disturbance due-process emergency-aid fourth-amendment greenlaw-v-united-states party-presentation warrantless-search 1. Whether the "principle of party presentation" articulated in Greenlaw v. United States, is violated where: (1) the prosecution defends a warrantles…
21-922 James Combs v. Indiana Indiana 2021-12-22 Denied Response Waived fourth-amendment open-view-doctrine plain-view-doctrine pre-textual-search private-property vehicle-search warrantless-search Whether the Fourth Amendment's plain view and/or open view doctrines permit a police officer, uninvited and without a warrant, to enter upon private p…
21-6683 David M. Vines v. City of Black Diamond, Washington, et al. Washington 2021-12-21 Denied Response WaivedIFP arrest-without-warrant civil-rights constitutional-rights fourth-amendment free-speech police-misconduct warrantless-arrest warrantless-search whistleblower whistleblower-protection Whether the State of Washington, and the police, have decided an important question of Federal law, namely the Fourth Amendment, e.g. arrest without a…
21-6600 Willis Wheeler v. United States Third Circuit 2021-12-14 Denied Response WaivedIFP circuit-split fourth-amendment key-insertion law-enforcement multi-unit-dwelling privacy probable-cause reasonable-expectation search warrantless-search Whether a law enforcement officer's warrantless insertion of keys into a locked apartment door, within a secured multi-unit dwelling, to gain informat…
21-6545 Debra A. Nichols v. William Paul Nichols, et al. Sixth Circuit 2021-12-07 Denied Response WaivedIFP 5th-amendment ada americans-with-disabilities-act equal-protection fifth-amendment government-employees medical-privacy state-actors warrantless-search warrantless-searches Can state actors, and/or government employees violate the equal protection Clause of the 5th Amendment of people considered disabled under the ADA? W…
21-6502 Bobby Griffin v. Connecticut Connecticut 2021-12-03 Denied Response WaivedIFP coerced-confession coercive-interrogation constitutional-rights due-process exclusionary-rule false-confession fourth-amendment interrogation-tactics probable-cause warrantless-search 1) Whether Griffins Constitutional rights were violated by the Trial courts admittance of the evidence (e.g the firearm) at the defendants trial.
21-6478 Endalkachew Merid v. Virginia Virginia 2021-12-02 Denied IFP caniglia-v-strom community-caretaking exigent-circumstances fourth-amendment police-entry reasonable-belief suicide-intervention warrantless-entry warrantless-search The police forcibly entered Merid's apartment without a warrant claiming a reasonable basis to conclude that Merid was suicidal and needed assistance …
21-6441 Sonny Scott v. United States Fifth Circuit 2021-11-30 Denied Response WaivedIFP 4th-amendment attorney-performance constitutional-rights criminal-procedure ineffective-assistance-of-counsel motion-to-suppress search-and-seizure strickland-standard strickland-v-washington warrantless-search Was counsel's refusal to file a meritorious, dispositive motion to suppress the fruits of a warrantless search unreasonable under Strickland v. Washin…
21-6377 Anthony Harris v. J. Philip Morgan, Warden, et al. Fourth Circuit 2021-11-23 Denied IFP constitutional-rights fourteenth-amendment fourth-amendment habeas-corpus probable-cause search-and-seizure warrantless-search 1. Did the Us. District Court crrad in ruling that the stato court violated petitioner's Fourth, Sixth, and Fourtewth. Amendruts of the Unitad States …
21-6392 Janet Berry v. William Paul Nichols, et al. Sixth Circuit 2021-11-23 Denied Response WaivedIFP 42-usc-1983 4th-amendment bivens-claim civil-rights digital-privacy fourth-amendment medical-records search-and-seizure standing state-actors warrantless-search Where a right created by the Panied with private entities acting as state actors under the color of law, via an invalid warrantless search and seizure…
21-6290 George Steven Burch v. Wisconsin Wisconsin 2021-11-16 Denied Response WaivedIFP consent consent-search data-retention digital-privacy fourth-amendment law-enforcement search-and-seizure smartphone-data warrantless-search After the government obtains consent to search specific information on an individual's smart phone, whether or to what extent the Fourth Amendment tol…
21-709 Jacob Clark, et ux. v. Bernadette Stone, et al. Sixth Circuit 2021-11-15 Denied Response Waived 42-usc-1983 4th-amendment burden-of-proof child-protective-services civil-rights home-invasion home-privacy qualified-immunity warrantless-search warrantless-searches 1. Whether qualified immunity applies to shield from liability child protective services case workers who repeatedly conduct warrantless searches of a…
21-6186 Faruq Rose v. United States Fourth Circuit 2021-11-04 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-court-of-appeals constitutional-rights criminal-procedure fourth-amendment reasonable-expectation-of-privacy search-and-seizure warrantless-search Whether the majority opinion of the United States Fourth Circuit Court of Appeals, which held that the petitioner had no reasonable expectation of pri…
21-532 Jacob Matthew Johnson v. Texas Texas 2021-10-12 Denied Amici (2)Response Waived calls-for-service criminal-activity fourth-amendment fourth-amendment-jurisprudence law-enforcement reasonable-suspicion warrantless-search Can three or four unadorned "calls for service" to an area (1) constitute a specific and articulable fact significantly associating said area with cri…
21-5839 Antonio Darnell Mays v. Tracy Johnson Seventh Circuit 2021-10-01 Denied Response WaivedIFP civil-rights criminal-procedure due-process exclusionary-rule false-documents false-evidence false-statements fourth-amendment fundamental-question probable-cause search-and-seizure warrantless-search Question not identified.
21-5823 Salvador Vasquez v. United States Ninth Circuit 2021-09-29 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment marijuana-decriminalization probable-cause search-and-seizure state-law state-marijuana-laws vehicle-search warrantless-search When a state has decriminalized marijuana possession and use, does evidence of marijuana use inside a car—combined with nonspecific indications that t…
21-460 April Diane Myres v. United States Ninth Circuit 2021-09-27 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure due-process evidence evidence-admission fourth-amendment probable-cause self-incrimination warrantless-search Whether the Fourth Amendment permits the Government to introduce testimony, based only on the defendant's not consenting to warrantless fingerprinting…
21-5768 Jeffrey William Forget v. United States Eleventh Circuit 2021-09-23 Denied Response WaivedIFP drug-interdiction fourth-amendment inventory-search k-9-unit passenger-seat-belt traffic-stop warrantless-search 1. Whether the Eleventh Circuit erred in holding that the traffic stop of Petitioner was not unlawfully extended in violation of the Fourth Amendment,…
21-5691 Juan Guzman Zuniga, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-17 Denied IFP civil-rights constitutional-rights criminal-procedure due-process exclusionary-rule federal-courts fourth-amendment habeas-corpus probable-cause search-and-seizure standing warrantless-search (1) WHETHER HIS PETITION HABEAS CORPUS IS "SECOND OF SUCCESSIVE"? (2) WHETHER THE PROCEDURAL DEFAULT RULING DECISION BY THE DISTRICT COURT ON PRIOR H…
21-5552 Brian Green v. Clinton Perry, Warden Eleventh Circuit 2021-09-01 Denied IFP constitutional-violation fourteenth-amendment fourth-amendment habeas-corpus ineffective-assistance-of-counsel ineffective-counsel jury-selection procedural-default sixth-amendment warrantless-search warrantless-search-and-seizure 1. Whether the eleventh circuit erred in holding that no constitutional violations in Green's trial /When the police officer who investigated Greens …
21-5519 Steven P. BuBenchik, Jr. v. Douglas Fender, Warden Sixth Circuit 2021-08-30 Denied Response WaivedIFP 4th-amendment appellate-review civil-rights constitutional-claim due-process exigent-circumstances fourth-amendment ineffective-assistance search-warrant standing warrantless-search 4th AMENDMENT CLAIM Testimony giving during the November 12,2013, Suppression hearing record demonstrated NO exigent circumstances existed and NO att…
21-5490 Joseph Montrel Bourgeois v. Texas Texas 2021-08-26 Denied Relisted (2)IFP civil-rights criminal-procedure deadly-weapon direct-appeal due-process guilty-plea intoxication plea-agreement retroactive-application sentencing-enhancement warrantless-search ©Can a trial Court mm a rd/dof /) Deadly UJEAPOU ? TART OJfiS A/qT STIPULATED XU THE' PLEA) AQREEMEHT ? ® "-'S£ '" to-nm umi& smessumm fS\ nnp pjEnj…
21-5379 Jerome Mack v. New York New York 2021-08-16 Denied Response WaivedIFP carpenter-precedent carpenter-v-united-states cell-site-location-information fourth-amendment probable-cause suppression warrant warrantless-search Does expressing a finding of probable cause in a court order authorizing the acquisition of cell site information effectively make the court order a w…
21-5362 Robert Lee Crawford v. United States Ninth Circuit 2021-08-13 Denied Response WaivedIFP confrontation-clause due-process fourth-amendment fourth-amendment-violation law-enforcement-misconduct misrepresentation pretextual-stop seizure warrantless-search A. Is the Fourth Amendment violated when a warrantless off-site forced entry search of a gunsafe is preceded by a warrantless seizure of the gunsafe f…
21-5323 Scott Trader v. United States Eleventh Circuit 2021-08-10 Denied Response WaivedIFP carpenter-v-united-states cell-phone-records fourth-amendment government-surveillance ip-address privacy privacy-rights search search-and-seizure warrantless-search Whether the Government conducts a search under the Fourth Amendment when it accesses historical I.P. address records for a mobile app that provide a c…
21-5008 Brittany Crownhart v. Anne Magill Collins Tenth Circuit 2021-07-02 Denied IFP civil-rights constitutional-law due-process federal-procedure fourth-amendment judicial-review property-rights search-and-seizure statutory-interpretation warrantless-search Question not identified.
20-8472 Rocky Leandro Orosco v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-01 Denied IFP criminal-procedure direct-appeal due-process evidence-suppression exclusionary-rule fourth-amendment ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress warrantless-search 1) During Mr.Orosco's trial, the State District Attorney told the jury that Mr.Orosco's Cell Phone was' "Obtained" with a warrant when it really was…
20-1628 Daniel Tekle v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2021-05-20 Denied 4th-amendment constitutional-rights due-process equal-protection fourth-amendment probable-cause search-and-seizure void-judgment warrantless-search Whether "The right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizers, shall not be violat…
20-8057 Raymond Idemudia Aigbekaen v. United States Fourth Circuit 2021-05-18 Rehearing Response WaivedRelisted (3)IFP border-search civil-rights electronic-devices electronic-privacy forensic-examination fourth-amendment reasonable-suspicion warrantless-search Whether a warrantless forensic search at a border by agent of the United States of electronic cell phones and computers, lacking a reasonable suspicio…
20-7896 John Matthew Gayden, Jr. v. United States Eleventh Circuit 2021-04-30 Denied IFP actual-prejudice criminal-investigation due-process fourth-amendment pre-indictment-delay prescription-drug-monitoring prescription-drug-monitoring-program search-and-seizure warrant-requirement warrantless-search I. Florida's Prescription Drug Monitoring Program (PDMP), like PDMPs across the country, is a digital database that collects and analyzes controlled s…
20-1445 Nathan Ray Foreman v. Texas Texas 2021-04-15 Denied Response Waived affidavit computer-evidence criminal-procedure evidence-seizure fourth-amendment probable-cause search-and-seizure surveillance-equipment warrant-application Whether the decision of the Texas Court of Criminal Appeals constitutes an unreasonable application of this Court's clearly established precedent, by …
20-7651 Gonzalo Curiel v. California California 2021-04-02 Denied IFP exclusionary-rule fourth-amendment inevitable-discovery inevitable-discovery-rule police-misconduct probable-cause search-and-seizure warrant-requirement warrantless-search 1. In order the apply the "inevitable discovery rule" to uphold an otherwise illegal search and seizure is it necessary for the prosecution to prove t…
20-7538 Frankie Lewis Jones v. Georgia Georgia 2021-03-23 Denied IFP civil-rights constitutional-rights criminal-procedure due-process fourth-amendment interstate-agreement personal-detention probable-cause search-and-seizure sentencing statute-of-limitations warrantless-search Question not identified.
20-7503 Mark Randall Jones v. United States Fifth Circuit 2021-03-19 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence-admissibility fourth-amendment fourth-amendment-violation gut-feeling mail-chute post-office warrantless-search warrantless-seizure A. Whether the Warrantless Seizure of Packages from the Mail Chute at the U.S. Post Office Based on Nothing More than a "Gut Feeling" Violates the Fou…
20-1280 Joseph Cotropia v. Mary Chapman Fifth Circuit 2021-03-15 Denied Response Waived civil-rights constitutional-law fair-warning fourth-amendment government-immunity per-se-unreasonable probable-cause qualified-immunity search-and-seizure warrantless-search warrantless-searches Is the presumption that warrantless searches are per se unreasonable so obvious a violation of the Fourth Amendment that the presumption gives governm…
20-7415 Keith Griffin v. New York New York 2021-03-10 Denied Response WaivedIFP 4th-amendment curtilage fishing-expedition fourth-amendment home-privacy implied-license probable-cause search-and-seizure standing warrantless-search Could police search the curtilage of the home — a narrow driveway wedged between two homes — merely because they wanted to look for evidence of a none…
20-7265 Jonathan Lindsey v. Illinois Illinois 2021-03-01 Denied Response WaivedIFP curtilage dwelling-search fourth-amendment fourth-amendment-rights narcotics-detection reasonable-expectation-of-privacy search-and-seizure warrantless-search Whether the government's warrantless use of a narcotic detection dog on a dwelling without curtilage violates the resident's Fourth Amendment right ag…
20-7002 Ryan C. Lander v. United States Second Circuit 2021-02-01 Denied Response WaivedIFP 4th-amendment 6th-amendment civil-rights constitutional-rights due-process fourth-amendment free-speech government-seizure plea-bargaining search-and-seizure warrantless-search — is it covsrmcp 0*' 1- 7c» Hos^cux^ cin^^s r>^ PoaudOidABM^ 0TH6& CQiMes UjufteH The "lATfzesTrrz Coaimgacg * cuuf^r t^CA^er in& CofopiAT&K- ok oTk&f…
20-996 Raymond Marling v. Frank Vanihel, Warden Seventh Circuit 2021-01-26 Denied Response Waived 4th-amendment circuit-split closed-container fourth-amendment incriminating-evidence inventory-search officer-discretion standardized-criteria warrantless-search In Florida v. Wells, 495 U.S. 1 (1990), this Court held that a warrantless search of a closed container found in an impounded vehicle is permissible u…
20-6905 Christopher Payton May-Shaw v. United States Sixth Circuit 2021-01-22 Denied Response RequestedResponse WaivedRelisted (2)IFP curtilage fourth-amendment fourth-amendment-jurisprudence pole-camera reasonable-expectation-of-privacy surveillance warrantless-search Was the warrantless long-term surveillance of the parking lot and carport adjacent to Petitioner's apartment building through the use of a pole camera…
20-6827 Abdul Majid v. United States Ninth Circuit 2021-01-14 Denied Response WaivedIFP appellate-review deference-to-lower-court fourth-amendment marijuana-legalization motion-to-suppress probable-cause search-and-seizure standard-of-review vehicle-search warrantless-search L Whether, in reversing the District Court's grant of a motion to suppress drug evidence, the Court of Appeals can override the lower court's findings…
20-6814 Rodney Johnson v. Illinois Illinois 2021-01-08 Denied IFP 4th-amendment family-home fourth-amendment parolee-search parolees police-misconduct privacy-rights samson-precedent search suspicionless-search warrantless-search Whether Illinois has lowered the bar of reasonableness for the search of parolees beyond this Court's holding in Samson v. California, 547 U.S. 843 (2…
20-6774 Craig B. Snoddy v. United States Sixth Circuit 2021-01-05 Denied Response WaivedIFP 4th-amendment colorado-v-bertine fourth-amendment inventory-search investigative-search search-and-seizure south-dakota-v-opperman supreme-court-precedent vehicle-search warrantless-search Should certiorari be granted to determine whether the court of appeals' decision not to suppress the evidence found in a warrantless vehicle search, w…
20-6763 Arnold Maurice Mathis v. Zulaika Zoe Vizcarrondo Eleventh Circuit 2021-01-04 Denied Response WaivedIFP compensatory-damages false-arrest fourteenth-amendment fourth-amendment qualified-immunity statute-of-limitations warrantless-search Whether the Court of Appeals for the Eleventh Circuit correctly dismissed Petitioners Counts II2 and II4 of the Original Complaint "For false arrest" …
20-6701 Benjamin Pedraza, III v. Ohio Ohio 2020-12-23 Denied Response WaivedIFP cell-phone-data constitutional-rights criminal-procedure eighth-amendment fifth-amendment fourteenth-amendment fourth-amendment law-enforcement-procedure privacy-expectation search-and-seizure warrantless-search Whether or not a third party, Appellant, has an expectation of privacy, in terms of cell-phone data that a police officer or detective obtains, howeve…
20-6580 Joseph W. Peeples, III v. United States Second Circuit 2020-12-09 Denied Response WaivedIFP arrest civil-rights constitutional-rights criminal-procedure detention due-process evidence-admissibility fourth-amendment search-and-seizure travel warrantless-search Does the long standing commitment on U.S. Constitution Fourth and Fourteenth Amendment to right with Federal Rules of Criminal Procedure 3, 5, 5.1, 7,…
20-6551 Andy Williams v. United States Second Circuit 2020-12-07 Denied Relisted (2)IFP constitutional-law criminal-procedure fourth-amendment inventory-search probable-cause reasonable-suspicion rehaif-v-united-states warrantless-search Question One: Was the second warrantless search of the car - which followed the completed inventory search and was prompted by an officer's later-deve…
20-6300 Bryan Mitchell Lietzau v. Arizona Arizona 2020-11-13 Denied IFP cell-phone cell-phone-privacy fourth-amendment privacy-rights probation probation-search reasonable-suspicion search warrantless-search Does the Fourth Amendment require reasonable suspicion for a probation officer to conduct a warrantless search of a probationer's person or property? …
20-6265 Alfredo Aguilar Jr. v. United States Fifth Circuit 2020-11-10 Denied Response WaivedIFP 4th-amendment border-search cell-phone cell-phone-privacy forensic-examination fourth-amendment privacy riley-precedent riley-v-california warrant warrantless-search 1. Whether a warrantless forensic search of a cell phone at a border port of entry is an unreasonable search. 2. Whether, in the light of the privacy…
20-6194 Brian E. Vodicka v. Michael B. Tobolowsky, Executor of the Estate of Ira E. Tobolowsky, et al. Texas 2020-11-03 Denied IFP 4th-amendment carpenter-v-united-states cell-phone-data civil-rights digital-privacy due-process fourth-amendment mandamus-petition riley-v-california search-and-seizure supreme-court-precedent warrantless-search 1. Whether, in holding that a private citizen can lawfully search and seize the digital contents of a cell phone without a warrant, the state supreme …
20-576 Sharon Darlene Lopez v. California California 2020-10-30 Denied Response Waived blood-draw civil-rights consent constitutional-rights driving-privilege due-process fourth-amendment implied-consent search warrantless-search 1. Can the State of California condition driving upon its public highways upon a motorist's agreement to surrender Fourth Amendment rights for purpose…
20-552 Jeremiah Paige Rice v. Illinois Illinois 2020-10-28 Denied Response Waived 4th-amendment civil-rights constitutional-rights due-process fourth-amendment free-speech healthcare medical-cannabis probable-cause search-and-seizure warrantless-search Whether the detectable odor of burnt cannabis alone, without any other indicators, is sufficient for law enforcement to form probable cause to subject…
20-6150 Andres Keyon Roman v. United States Fifth Circuit 2020-10-28 Denied Response WaivedIFP 4th-amendment collective-knowledge due-process fourth-amendment narcotics reasonable-suspicion search-and-seizure substantive-due-process vehicle-search warrantless-search Whether the District Court denied the Petitioner's constitutional right to substantive due process under the Fourth Amendment in this narcotics case b…
20-5918 Leonard F. Locke, Jr. v. United States Eighth Circuit 2020-10-06 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights defense-counsel due-process fourth-amendment ineffective-assistance-of-counsel police-misconduct probable-cause search-and-seizure traffic-stop warrantless-search /.s fine. Supreme CoorY c/lse \Aud J aIonj wiil) Me /4ppeA/MM Covrfs cASc Iauj 2c ~hhe d/sfricf Courts cASe UtJ, fAM rS -from MeSAme c/MricM j- Appa…
20-5832 Damon Graham v. United States First Circuit 2020-09-29 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-rights due-process expectation-of-privacy habeas-corpus k-9-search sentencing-enhancement standard-of-review warrantless-search 1) Whether the United States Court of Appeals for the First Circuit abused it's discretion by improperly denying Petitioner a certificate of appeal…
20-5718 Raheim Abdullah Trice v. United States Sixth Circuit 2020-09-16 Denied Response RequestedResponse WaivedRelisted (2)IFP apartment-building covert-surveillance fourth-amendment law-enforcement privacy-rights reasonable-expectation-of-privacy search-and-seizure surveillance unlawful-search warrant-requirement warrantless-search Whether a law enforcement official entering an unlocked apartment building, without permission and without a warrant, placing a "covert camera" disgui…
20-5690 Darrick Michael Loff v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2020-09-14 Denied Response WaivedIFP civil-rights constitutional-rights due-process evidence-tampering false-arrest fourth-amendment law-enforcement malicious-prosecution probable-cause property-seizure search-and-seizure warrantless-search I. biri prior 1-e rinoad-rle.aci orket.oe earmi:SSIOnt enfed- or aufliori2e. sere 6Pappe lam iszaviAdre_s -froperty ? a uo...c ;1-- /e,3cci-Por -L. cu…
20-5431 Walter Ackerman v. United States Tenth Circuit 2020-08-21 Denied Response WaivedIFP appellate-procedure civil-procedure due-process fourth-amendment good-faith-exception law-of-the-case waiver warrantless-search I. Did the Tenth Circuit err under the law of the case doctrine when it permitted the government to raise in a second appeal a claim the government wa…
20-5390 Michael Betts v. United States Sixth Circuit 2020-08-18 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights due-process fourth-amendment police-investigation police-powers reasonable-suspicion search-and-seizure traffic-stop warrantless-search Whether a police officer inquiring about drugs without reasonable suspicion unconstitutionally broadens a traffic investigation.
20-5290 Eric J. Perez, aka Ignacio Valdez v. United States Ninth Circuit 2020-08-06 Denied Response WaivedIFP 4th-amendment electronic-communications fourth-amendment government-agency law-enforcement seizures stored-communications-act warrant-requirement warrantless-search warrantless-searches Whether subsection (f) of the Stored Communications Act, 18 U.S.C. § 2703, which requires provider of wire or electronic communications to preserve us…
20-5262 Stephen Henderson v. United States Eighth Circuit 2020-08-05 Denied Response WaivedIFP 4th-amendment carpenter-v-united-states cell-site-tracking fourth-amendment habeas-corpus retroactive-application retroactivity search-and-seizure supreme-court-precedent title-28-usc-2253 united-states-v-jones warrantless-search Should this Court's decision in United States v. Jones, 132 S.Ct. 945 (2012), (placement of GPS monitoring on a vehicle and cells-site tracking withou…
20-5279 William Dale Wooden v. United States Sixth Circuit 2020-08-05 Judgment Issued Amici (6)Response RequestedResponse WaivedRelisted (3)IFP constitutional-rights criminal-procedure due-process fourth-amendment probable-cause search-and-seizure standing warrantless-entry warrantless-search DID THE WARRANTLESS ENTRY AND SEARCH OF PETITIONER'S HOME VIOLATE HIS FOURTH AMENDMENT RIGHT TO BE FREE FROM ILLEGAL SEARCH AND SEIZURE? DID THE SIXT…
20-5133 Steven Baxter v. United States Third Circuit 2020-07-22 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP border-search customs customs-border fourth-amendment suspicion-less-search unincorporated-territory united-states-virgin-islands warrant-requirement warrantless-search This case presents the interplay between two competing propositions of constitutional law. The first proposition is that the United States Virgin Isla…
20-5140 Wilfredo Torres v. City of New York, New York, et al. Second Circuit 2020-07-22 Denied Response WaivedIFP appellate-review civil-procedure civil-rights district-court due-process judicial-procedure petition-for-certiorari qualified-immunity standing warrantless-raids warrantless-search On 7-08-2029 I filed case 19CV6332 at the U.S. District Court-Southern District of New York, against the domestic assassinations program of the U.S. C…
19-1468 Brian Anthony Wiley v. Tennessee Tennessee 2020-07-07 Denied Response Waived campsite-privacy civil-rights due-process fourth-amendment law-enforcement-conduct privacy private-property probable-cause search-and-seizure vehicle-search warrantless-search Whether the Fourth Amendment of the United States Constitution permits police to enter a privately rented campsite without probable cause or invitatio…
19-8809 Brandon Lee Alexander v. United States Sixth Circuit 2020-06-24 Denied Response WaivedIFP bad-faith constitutional-rights exclusionary-rule inevitable-discovery inventory-search law-enforcement primary-evidence search-and-seizure warrantless-search In order to deny a motion to suppress where a warrantless inventory search is found to have violated the defendant's constitutional rights, should the…
19-8651 Kevin Remillard v. Ohio Ohio 2020-06-10 Denied IFP fourteenth-amendment fourth-amendment motion-to-suppress personal-papers probable-cause search-warrant warrantless-search welfare-check The Police entered Mr. Remillard's locked home and bedroom without a search warrant. The Police had reason to believe Mr. Remillard may have committed…
19-8509 Joaquin Gonzales v. California California 2020-05-21 Denied Response WaivedIFP alpr automated-license-plate-reader evidence-standard fourth-amendment license-plate physical-movements reasonable-expectation-of-privacy reasonable-expectation-privacy search-and-seizure warrantless-search Did a detective's warrantless search of an ALPR database for images and locations of Petitioner's license plate violate petitioner's Fourth Amendment …
19-8423 Christopher Gies v. Ohio Ohio 2020-05-08 Denied Response WaivedIFP fourth-amendment good-faith good-faith-doctrine probable-cause probation-search reasonable-suspicion statutory-compliance warrantless-search warrants-clause Does a warrantless probation search conducted outside the scope of an authorizing state regulation and not authorized by a condition of probation, and…
19-8347 Joseph A. Daniels v. Virginia Virginia 2020-04-23 Denied IFP due-process exigent-circumstances extrinsic-fraud Fourth-Amendment jurisdiction motion-to-vacate probable-cause property-rights standing void-judgment warrantless-search I.Did the Sapreme Court of Virginia have jurisdiction to adjudicate the claims of Daniels' Motion to Vacate, based upon extrinsic Frand, and Could be …
19-8318 William Whiteley v. John Willis, et al. Eleventh Circuit 2020-04-21 Denied Response WaivedIFP automobile-exception certificate-of-appealability criminal-procedure evidence-law exculpatory-evidence eyewitness fourth-amendment ineffective-assistance ineffective-assistance-of-counsel search-and-seizure warrantless-search Whether petitioner is entitled to a certificate of appealability on his claim that the warrantless search of his automobile's glove compartment violat…
19-1200 Johndrell Elliott v. Ohio Ohio 2020-04-08 Denied 4th-amendment dog-handler dog-sniff drug-offense drug-sniffing-dog fourth-amendment probable-cause rodriguez-standard rodriguez-v-us search-and-seizure traffic-stop warrantless-search GIVEN A TRAFFIC STOP MADE BY THE STATE TROOPER, WHO WAS THE "DOG HANDLER" INVOLVED, WAS ACTUALLY IN THE PROCESS OF FINALIZING HIS TICKET WRITING, WHEN…
19-8178 Alexander Nathan Norris v. United States Ninth Circuit 2020-04-03 Denied Response WaivedIFP electronic-privacy fourth-amendment home-privacy kyllo-v-united-states law-enforcement-surveillance reasonable-expectation-of-privacy search sense-enhancing-technology technology warrantless-search In Kyllo v. United States, the Court held that "obtaining by sense-enhancing technology any information regarding the interior of the home that could …
19-8177 Christopher Kyle Keys v. Florida Florida 2020-04-02 Denied Response WaivedIFP 14th-amendment 6th-amendment cellular-phone-data character-evidence collateral-crimes criminal-procedure due-process evidence sixth-amendment trial-court-discretion warrantless-search The State Trial Court denied a timely motion for severance of the charges from separate incidents. And the Trial Court allowed the State Attorney to p…
19-8131 Dwayne B. Sheron v. United States Sixth Circuit 2020-03-30 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement police-powers probable-cause reasonable-suspicion search-and-seizure vehicle-search warrantless-search WHETHER a police officer can utter the magic words "I smelled an odor of marihuana" long after he conducted illegal search of a vehicle to justify sai…
19-8087 Sharla Jenkins v. Helen Forbes Fields, as Administrator of the Estate of Elase Jenkins Ohio 2020-03-24 Denied Response WaivedIFP due-process fourth-amendment fourth-amendment-rights privacy seizure warrantless-search APPENDIX A11121). because there is no transcript of the probate court's hearing on Fields application we presume the court initially considered the pr…
19-7950 Daejerron L. Valentine v. Nebraska Nebraska 2020-03-10 Denied Response WaivedIFP 4th-amendment ambiguity automobile-exception conjunctive consistency criminal-procedure Did the removal of 'or' create ambiguity? disjunctive fourth-amendment Is a defendant entitled to consistent jury instruc jury-instructions jury-trial legislative-history possession probable-cause reasonableness reasonableness-standard scope-of-search search search-and-seizure search-scope statutory-interpretation warrant-requirement warrantless-search 1) Did the warrantless search of an automobile pursuant to the automobile exception become unreasonable when police officers expanded the search beyon…
19-1070 Jeffrey Alan Olson v. Pennsylvania Pennsylvania 2020-02-28 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment Birchfield-v-North-Dakota blood-draw constitutional-rights criminal-penalties criminal-procedure due-process retroactivity substantive-law supreme-court-precedent warrantless-blood-draw warrantless-search Whether this Court's holding that states may not impose criminal penalties on the refusal to submit to a warrantless blood draw, Birchfield v. North D…
19-1059 Angela Hamm, et vir v. Tennessee Tennessee 2020-02-26 Denied Amici (1) 4th-amendment fourth-amendment home-invasion home-search law-enforcement-search privacy privacy-rights probation probation-condition reasonable-suspicion search-and-seizure warrantless-search Whether police violate the Fourth Amendment when they conduct a suspicionless search of a probationer's home.
19-7762 Galen LeMar Amerson, et al. v. Atlas Law Firm, P.C., et al. Colorado 2020-02-25 Denied Response WaivedIFP 14th-amendment 6th-amendment civil-contempt civil-liberties constitutional-rights due-process hearing hearing-requirements judicial-procedure judicial-sanctions kidnapping liberty property warrantless-search If the right to a hearing, is assured under due process, according to the 6th and 14th amendments, before a person can be deprived of life, liberty or…
19-7657 Marion L. Sherrod v. Sidney D. Harkelroad, et al. Fourth Circuit 2020-02-12 Denied Response WaivedIFP 8th-amendment civil-procedure civil-rights due-process exclusionary-rule fourth-amendment probable-cause qualified-immunity seizure seizure-disorder standing warrantless-search Whether the s. Corto Appes appction f the discretona waiver doctrine prejidiced M. Sherod a pro e petitionn Whether under Artice of the Constittion o…
19-996 Lindsay Waters v. Georgia Georgia 2020-02-10 Denied Amici (1)Response Waived civil-rights coercion due-process dui dui-testing fourth-amendment implied-consent search-and-seizure warrantless-search Whether the Fourth Amendment permits police to coerce submission to a warrantless blood test by telling motorists arrested for driving under the influ…
19-7610 Luciano Camberos-Villapuda v. United States Eighth Circuit 2020-02-07 Denied Response WaivedIFP automobile-exception collins-v-virginia curtilage Due-Process exigent-circumstances Expectation-of-Privacy fourth-amendment payton-v-new-york probable-cause Warrantless-Entry warrantless-search Does "exigent circumstances" needs justification when officers conducted a warrantless entry onto the curtilage unlawfully? And whether a warrantless …
19-7445 Maechel Shawn Patterson v. United States District Court for the Eastern District of North Carolina Fourth Circuit 2020-01-28 Denied IFP civil-rights constitutional-law constitutional-rights criminal-procedure deportation due-process habeas-corpus law-enforcement pro-se probable-cause search-and-seizure standing warrantless-search ARE All StAtE PRiSONERS bEINg UN/Awfolly Held, If the eVideNCe UsED TO CONVICT THEM INVOlUED SheRiff DepaRrtment offciAls from ONE CoontyI SEARCHiNg S…
19-7460 David Wright v. United States First Circuit 2020-01-28 Denied Response WaivedIFP attorney-general-discretion civil-rights constitutional-review constitutional-rights-4th-amendment due-process fisa-surveillance foreign-intelligence-surveillance-act national-security standing surveillance terrorism terrorism-conspiracy warrantless-search warrantless-surveillance I. Whether FISA's emergency provision, 50 U.S.C. §1805(e), which allows warrantless surveillance of American citizens on America soil for up to seven …
19-7438 Javion Scott v. United States Fourth Circuit 2020-01-27 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment griffin-v-wisconsin law-enforcement-action parole post-release-supervision probation probation-supervision search-and-seizure special-needs-search united-states-v-knights warrantless-search In March 2017, a United States Marshal Service search of probationers and supervisees known as "Operation Spring Sweep" involved nearly 200 local, sta…
19-7439 Saddam Samaan Daoud Samaan v. United States Eighth Circuit 2020-01-27 Denied Response WaivedIFP carpenter-v-united-states expectation-of-privacy fourth-amendment hotel-guest-registration law-enforcement reasonable-search search-and-seizure third-party-doctrine warrantless-search 1. Did Petitioner have a sufficient expectation of privacy in hotel guest registration information that a warrantless demand to the innkeeper for prod…
19-7020 Nahach Garay v. United States Ninth Circuit 2019-12-19 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure fourth-amendment inventory-search law-enforcement probable-cause search-and-seizure training-and-experience warrant warrantless-search 1. Whether, a purported inventory search that produces no inventory, can justify the warrantless search of automobile after its occupants have been re…
19-6887 In Re Brad K. Edmonds 2019-12-09 Denied Relisted (2)IFP 4th-amendment 4th-circuit carpenter-v-united-states civil-rights criminal-procedure due-process fourth-amendment gps-tracking probable-cause retroactivity search search-and-seizure suppression warrantless-search 1. Did the government installation of a GPS device on a vehicle and its use of that device to monitor the car constitute a search? 2. Did trial couns…
19-694 Heather Baker, as Personal Representative of the Estate of Kyle Baker, Deceased v. City of Trenton, Michigan, et al. Sixth Circuit 2019-12-02 Denied Response Waived civil-rights due-process excessive-force fourth-amendment home-invasion police-conduct police-procedure search-and-seizure second-amendment self-defense standing warrantless-search I. 1. Whether, consistent with the Second Amendment right to bear arms, police can conduct a warrantless search of a private home based on the residen…
19-6676 Christopher G. Waguespack v. United States Fifth Circuit 2019-11-19 Denied Response WaivedIFP child-pornography computer-evidence computer-forensics confrontation-clause criminal-procedure cross-examination evidence law-enforcement sixth-amendment software-reliability I. Whether failing to call the law enforcement agent responsible for generating a computer report in the Government's case-in-chief implicates the Six…
19-622 Thomas S. Bell v. Pennsylvania Pennsylvania 2019-11-15 Denied Response Waived blood-test criminal-procedure driving-under-influence driving-under-the-influence due-process evidence evidence-of-guilt fourth-amendment implied-consent search-and-seizure warrantless-search Whether a motorist's assertion of his Fourth Amendment right to refuse consent to a warrantless blood test may be used as evidence of guilt for the of…
19-6595 Raymond Tavelle Holmes v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-11-13 Denied IFP cell-phone civil-procedure civil-procedure-28-usc-636 due-process fair-trial florida-statute-934.23 fourteenth-amendment fourth-amendment ineffective-counsel inevitable-discovery magistrate-judge objection procedural-error report-and-recommendation search-and-seizure severance similar-fact-evidence sixth-amendment standing third-party warrantless-search Whether the failure to sever counts deprived the P Whether the warrantless search and seizure of text williams-rule (1). Whether this Court should exercise its discretionary certiorari jurisdiction and grant certiorari, vacate the judgment below, and remand the case…
19-6522 William Smith v. Texas Texas 2019-11-07 Denied IFP blood-draw constitutional-challenge criminal-procedure fourth-amendment fourth-amendment-interpretation mandatory-blood-draw missouri-v-mcneely probable-cause public-safety search-and-seizure texas-transportation-code warrantless-search 1.Is Texas Transportation Code Sect. 724.012 (b.) (3.)(B). (Texas'mandatory blood draw statute) Constitutional as applied, under the Fourth Amendment …
19-6533 Kaleb L. Basey v. United States Ninth Circuit 2019-11-06 Denied Response WaivedIFP 18-usc-2703(f) digital-evidence digital-privacy email-privacy fourth-amendment government-request internet-service-provider search seizure warrantless-search Whether the warrantless preservation of private emails by an Internet Service Provider pursuant to a government request under 18 U.S.C. §2703(f) amoun…
19-6473 Gelu Topa v. Teofilo Melendez, et al. Eleventh Circuit 2019-11-01 Denied Response WaivedIFP civil-rights conciseness criminal-procedure due-process exigent-circumstances facts fourth-amendment police-report relevance scotus-petition warrantless-search writ-of-certiorari Question not identified.
19-551 Ronald Calzone v. Eric Olson, Superintendent, Missouri State Highway Patrol Eighth Circuit 2019-10-28 Denied Response RequestedResponse WaivedRelisted (2) administrative-discretion civil-rights closely-regulated-industry constitutional-rights fourth-amendment search-and-seizure seizure warrantless-search 1) Does the "closely regulated industry" exception to the Fourth Amendment apply to persons who have not chosen to involve themselves in any business …
19-6343 Antoine Richmond v. United States Seventh Circuit 2019-10-23 Denied IFP 4th-amendment criminal-procedure felon-in-possession fourth-amendment home-entry home-privacy probable-cause reasonable-suspicion search-and-seizure warrantless-search Police officers were patrolling a residential neighborhood when they saw Petitioner walking on the sidewalk. They saw that he had something in his fro…
19-6356 Gary E. Larock, Jr. v. United States Fifth Circuit 2019-10-23 Denied Response WaivedIFP constitutional-rights fourth-amendment fourth-amendment,due-process,civil-rights,liberty, home-search liberty-deprivation liberty-interest overbreadth probation probation-supervision statutory-reasonableness vagueness warrantless-search Whether this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to visit …
19-6319 Antonio Bogan v. Jeffrey German, et al. Seventh Circuit 2019-10-21 Denied IFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement owner-knowledge probable-cause stare-decisis vehicle-seizure warrantless-search Whether probable Cause to effect a laarrantless Seizure, of a vehicle is equivalent to officers Wnaoledge of an arrestee, being its Oujner ?Respondent…
19-6060 Vincent Scott Mathews v. United States Tenth Circuit 2019-09-25 Denied Response WaivedIFP criminal-procedure fourth-amendment gps-monitoring parole parole-conditions reasonable-expectation-of-privacy reasonable-expectation-privacy search-and-seizure warrant warrant-requirement warrantless-search (1) Does U.S. v. Knights, 534 u.s.1 12,122 s. ct.587,151 L. ed. 2d. 497 (2001) and Griffin v. Wisconsin, 483 u.s. 868,873,107 s. ct. 3164, 971, ed. 2d…
19-5909 Blake Clinton Talman v. Florida Florida 2019-09-11 Denied Response WaivedIFP blood-draw criminal-procedure due-process evidence fourth-amendment fourth-amendment-violation good-faith-exception ineffective-assistance warrantless-search Whether the "good faith" exception applies to a warrantless blood draw obtained in violation of the Fourth Amendment.
19-5915 Steven J. Varnauskas v. Illinois Illinois 2019-09-11 Denied IFP 4th-amendment civil-rights constitutional-rights due-process fourth-amendment license-plate probable-cause search-and-seizure traffic-violation vehicle-impoundment vehicle-search warrantless-search WHERTHER ABICYCLE RACK THATIS ATTACHED TO THE REAR OFA VEHICLE WITR STRAPS ACCORDENLY AND CORRECTLY TOTHE MANIFACTORS INSTRUCTIONS AND NONETHELESS OBS…
19-5837 Terri McGuire Mollica v. United States Eleventh Circuit 2019-09-05 Denied Response WaivedIFP detention-cell Evidentiary-Hearing Exclusionary-Rule Fourth-Amendment Fruit-of-the-Poisonous-Tree Fruits-of-Poisonous-Tree ineffective-assistance Ineffective-Assistance-of-Counsel Reasonable-Expectation-of-Privacy section-2255 unreasonable-search Unreasonable-Search-and-Seizure Warrantless-Search 1. Was Petitioners guilty plea sustained in violation of the Fourth Amendment, Unreasonable Search and Seizure, where law enforcement conducted a wa…
19-5790 Ronald Frank Lee v. United States Fifth Circuit 2019-09-03 Dismissed Response RequestedIFP constitutional-rights fourth-amendment home-search liberty-deprivation liberty-interest overbreadth probation-supervision statutory-reasonableness supervised-release vagueness warrantless-search I. Whether this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to vis…
19-272 Willie Lee Cooks v. United States Eleventh Circuit 2019-08-30 Denied Response Waived emergency-aid-exception exigent-circumstances fourth-amendment home-entry home-privacy home-search probable-cause reasonable-belief warrant-requirement warrantless-search The "physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed." Payton v. New York, 445 U.S. 573, 58…
19-5751 Charles Massengill v. United States Sixth Circuit 2019-08-29 Denied Response WaivedIFP 4th-amendment criminal-procedure due-process fourth-amendment interstate-compact parole parole-supervision parolee-rights reasonable-suspicion search-and-seizure state-statute warrantless-search Whether reasonable suspicion is required for a law enforcement officer to conduct a warrantless search of a parolee or his residence in the absence of…
19-202 Solomon McLemore v. City of Shoreline, Washington Washington 2019-08-16 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights community-caretaking due-process fourth-amendment free-speech obstruction obstruction-of-justice probable-cause search-and-seizure warrant-requirement warrantless-entry warrantless-search In the middle of the night, police officers came to McLemore's home and banged on the door, demanding entry without a warrant to investigate a loud ar…
19-5582 Tuan Duc Lam v. United States Ninth Circuit 2019-08-13 Denied IFP circuit-split custodial-detention fourth-amendment knowles-v-iowa ninth-circuit probable-cause search-incident-to-arrest terry-stop terry-v-ohio warrantless-search Once a police officer makes a formal custodial arrest, the Fourth Amendment permits a warrantless search incident to that arrest. See, e.g., Riley v. …
19-5555 Reginald Lacey v. David Gomez, Warden Seventh Circuit 2019-08-12 Denied IFP 4th-amendment civil-rights constitutional-rights due-process fourth-amendment law-enforcement search-and-seizure statutory-authority unreasonable-search void-order warrant-validity warrantless-search Specifically, Chicago Police Department Badge No. JAA4 1A0eS, which was used to arrest the Petitioner was created and issued without any Statutory aut…
19-5543 Arnold Maurice Mathis v. United States Eleventh Circuit 2019-08-09 Denied Response WaivedIFP certificate-of-appealability fourth-amendment independent-source-doctrine ineffective-assistance sixth-amendment warrantless-search Whether trial counsel was ineffective in violation of the Sixth Amendment by failing to investigate and litigate a warrantless search of petitioner's …
19-5458 Samantha Winter v. United States Fourth Circuit 2019-08-05 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment 5th-amendment criminal-procedure custodial-interrogation evidence evidence-admission harmless-error miranda-warnings motion-to-suppress rule-404b search-and-seizure warrantless-search whether-miranda-rights-were-violated
19-5409 Brady Daniel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-31 Denied Relisted (2)IFP civil-rights due-process fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment texas-code-of-criminal-procedure texas-constitution warrantless-search Whether the actions of Nawis County Sheriff's Department violate the constitutional and statutory rights of petitioner Brady A. Daniel under the Fourt…
19-5326 Sean Frederik Franke v. Florida Florida 2019-07-25 Denied Response WaivedIFP 4th-amendment blood-draw blood-extraction civil-rights drunk-driving due-process exigent-circumstances fourth-amendment missouri-v-mcneely probable-cause warrant-requirement warrantless-search Whether the Court should resolve the question of whether law enforcement officers can rely on the exigent circumstance exception to the Fourth Amendme…
19-5343 Amoire Dupree v. United States Second Circuit 2019-07-25 Denied IFP 4th-amendment constitutional-law exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree incident-to-arrest law-enforcement probable-cause search-and-seizure search-incident-to-arrest warrantless-search Can the warrantless search of a person be justified as incident to arrest where, at the time of the search, no arrest has been made and none would hav…
19-5181 Lamar Johnson v. United States Ninth Circuit 2019-07-16 GVR IFP arrest-procedure circuit-split custodial-arrest felon-in-possession fourth-amendment probable-cause rehaif-v-united-states search-incident-exception search-incident-to-arrest warrantless-search Whether a warrantless search may be upheld under the search-incident-to-arrest exception when the search precedes the arrest
19-5173 Johnny Kirkland v. Huntington Ingalls, Incorporated Fifth Circuit 2019-07-15 Denied Relisted (2)IFP civil-procedure civil-rights digital-privacy due-process electronic-device fourth-amendment patent probable-cause standing takings unreasonable-search warrantless-search Whether Hunks nian 'EM As Kncocpyehion Was Ned h\\igence Under Nesse\\ Quoner +
19-5081 David Morel, Jr. v. United States First Circuit 2019-07-05 Denied Response WaivedIFP 4th-amendment computer-location computer-search digital-privacy expectation-of-privacy fourth-amendment internet-activity-tracking ip-address law-enforcement reasonable-expectation-of-privacy search-and-seizure warrantless-search Whether the warrantless search for personal IP address information related to images that Morel privately uploaded to Imgur, an image-hosting website,…
19-5045 Donald Lee Hathorn v. United States Fifth Circuit 2019-07-03 Denied Response WaivedIFP 4th-amendment 5th-amendment 5th-circuit appellate-review criminal-procedure due-process electronic-devices fourth-amendment search-and-seizure supervised-release warrantless-search Whether the United States Court of Appeals for the Fifth Circuit erred by affirming the district court's requirement for Mr. Hathorn to submit his com…
19-5002 Jared Len Cruse v. Texas Texas 2019-06-28 Denied IFP 14th-amendment 4th-amendment cell-phone-evidence conflict-of-interest constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel life-sentence search-and-seizure warrantless-search Whether the cell phone evidence was the product of a warrantless search and seizure and/or an illegal detention; and thus, whether this evidence can b…
19-5008 Jamie B. Johnson v. Massachusetts Massachusetts 2019-06-28 Denied Response WaivedIFP digital-age digital-data fourth-amendment gps gps-tracking location-data privacy privacy-rights probation probation-conditions search warrantless-search Whether the warrantless search, unsupported by any individualized suspicion of criminal wrongdoing, of a former probationer's historical GPS location …
18-9785 Wayne A. Hussar, II v. James C. Reynolds, et al. Ninth Circuit 2019-06-25 Denied IFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection fourth-amendment probable-cause prosecutorial-misconduct search-and-seizure self-defense sentencing standing warrantless-search Whether the petitioner's due process and equal protection rights were violated when the state court dismissed his criminal case despite evidence of se…
18-9788 Sarah Denise Cardwell v. South Carolina South Carolina 2019-06-25 Denied Response WaivedIFP computer-search evidence-seizure fourth-amendment inevitable-discovery plain-view-doctrine probable-cause search-and-seizure warrant warrant-requirement warrantless-search Whether the Supreme Court of South Carolina erred in applying a standard of 'more likely than not' in concluding under the Fourth Amendment's plain vi…
18A1347 John M. Wasson v. United States, et al. Ninth Circuit 2019-06-21 Presumed Complete bivens-action due-process fourth-amendment property-rights reasonable-expectation-of-privacy warrantless-search Whether the Fourth Amendment protects an individual's reasonable expectation of privacy when law enforcement photographs a property through an unobstr…
18-9736 Darius Kinney v. Ohio Ohio 2019-06-20 Denied Response RequestedRelisted (3)IFP 4th-amendment 6th-amendment constitutional-law criminal-procedure fourth-amendment ineffective-assistance-of-counsel motion-to-suppress search-and-seizure sixth-amendment warrant warrantless-search Were Petitioner's Sixth Amendment rights violated?
18-1519 Jason Correa v. United States Seventh Circuit 2019-06-06 Denied Response RequestedResponse WaivedRelisted (2) electronic-devices fourth-amendment fourth-amendment-protections law-enforcement multi-unit-buildings privacy privacy-rights search-incident-to-arrest secured-common-areas warrantless-search Whether the Fourth Amendment permits law enforcement to conduct a warrantless search of an individual's garage door remote, key fob, and seized key to…
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
18-9520 Alan Bartlett v. Susanna Pineda, Judge, Superior Court of Arizona, Maricopa County, et al. Arizona 2019-06-03 Dismissed IFP constitutional-rights criminal-procedure electronic-surveillance fourteenth-amendment-due-process fourth-amendment fourth-amendment-search-and-seizure legislative-authority search-and-seizure state-constitution statutory-interpretation unlawful-search warrantless-search Whether in light of Bollinger v. New Hampshire, 390 U.S. 1020, the Arizona based conviction of petitioner violates his Fourth Amendment rights where t…
18-9481 Jerry Eugene Shrubb v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-05-30 Denied IFP actual-innocence appeal cerebellar-degeneration constitutional-rights due-process ineffective-counsel miranda-violation petition-for-allowance-of-appeal sixth-amendment warrantless-search Has the Appellant been denied Due Process of Law in that no Court has reasonably observed the actual claims raised by the Appellant?
18-9485 Dante Taylor v. New York New York 2019-05-30 Denied Response RequestedResponse WaivedRelisted (2)IFP cell-site-location cell-site-location-information exigent-circumstances fourth-amendment privacy-interest reasonable-expectation-of-privacy secure-communications-act statutory-violation suppression-remedy warrantless-search Whether the warrantless acquisition of cell site location information from a cell phone provider violates the Fourth Amendment
18-9434 Juan Carlos Rodriguez v. United States Eleventh Circuit 2019-05-29 Denied Response WaivedIFP 404(b) 4th-amendment co-defendant-consent consent-search consent-to-search fourth-amendment jury-instructions prior-bad-acts prior-bad-acts-404(b) rule-404b search-and-seizure sentencing sentencing-variance standing-4th-amendment-search-and-seizure standing-to-suppress variance warrantless-search Whether the trial and appellate court erred in adjudging that Petitioner had no standing to request suppression of evidence obtained from a warrantles…
18-9393 Tarell McIlwain v. United States Second Circuit 2019-05-23 Denied IFP 2nd-circuit 4th-amendment circuit-split custodial-arrest fourth-amendment new-york-court-of-appeals officer-safety probable-cause search-incident-to-arrest warrantless-search Can the warrantless search of a person be justified as incident to arrest where, at the time of the search, no arrest has been made and none would hav…
18-9397 Miguel Angel Barron v. Raymond Madden, Warden Ninth Circuit 2019-05-23 Denied Response WaivedIFP burden-of-proof constitutional-law criminal-procedure due-process evidence evidence-suppression fair-trial fourth-amendment jury-instructions probable-cause relevance search-and-seizure self-defense warrantless-search Whether a state trial court's jury instruction that reduces the burden of proof or violates a principle of fairness contained in the due process claus…
18-9402 David Lester Jackson v. California California 2019-05-23 Denied IFP 4th-amendment civil-rights constitutional-rights criminal-procedure fourth-amendment fourth-amendment-rights ineffective-assistance-of-counsel probation probation-search search-and-seizure standing warrant-requirement warrantless-search Were-appellates Fourth Amend. rights violated
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
18-9058 Juan L. Garcia v. United States Fifth Circuit 2019-05-01 Denied Response WaivedIFP 4th-amendment cell-phone-data civil-rights consent fourth-amendment home-search lawful-arrest probable-cause search-and-seizure seizure unreasonable-search warrantless-search Whether the Fourth Amendment's prohibition on unreasonable searches and seizures applies to the search of a person's home and belongings when the pers…
18-1366 Estate of Adriano Roman, Jr. v. City of Newark, New Jersey, et al. Third Circuit 2019-04-30 Denied 42-usc-1983 civil-procedure civil-rights fourth-amendment joint-and-several-liability joint-several-liability pleading qualified-immunity section-1983 standing tort-law warrantless-search Whether joint and several liability applies under 42 U.S.C. § 1983, where a plaintiff alleges unconstitutional search by multiple officers
18-8971 William T. Liepe v. New Jersey New Jersey 2019-04-23 Denied Response WaivedIFP 4th-amendment blood-alcohol blood-alcohol-test case-review constitutional-law constitutional-provisions criminal-procedure due-process evidence-suppression judicial-interpretation legal-standard search-and-seizure statutory-provisions suppression warrantless-search Did the warrantless search of defendant's blood for the purpose of determining his blood alcohol level violate the established constitutional principl…
18-8849 Keith Andre Robinson v. H. White, et al. Fourth Circuit 2019-04-16 Denied IFP 4th-amendment civil-rights due-process exigent-circumstances fourth-amendment probable-cause qualified-immunity search-and-seizure standing warrantless-search Did the District Court err in finding that no exigent circumstances were present to justify the warrantless search and seizure of Petitioner's home an…
18-8541 In Re Randy A. Jones 2019-03-25 Denied Response WaivedRelisted (2)IFP cell-site-simulator civil-rights criminal-procedure due-process fourth-amendment honeycutt-v-united-states legal-representation lis-pendens luis-v-united-states right-to-counsel takings warrantless-search Did the government violate this petitioner's rights, creating a flaw so grave that it rendered the proceedings unreliable?
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
18-8411 Lecephrus Pierce v. United States Fourth Circuit 2019-03-14 Denied Response WaivedIFP conviction criminal-procedure fourth-amendment law-enforcement search-and-seizure supreme-court-precedent traffic-stop vehicle-search warrantless-search Whether the Fourth Circuit Court of Appeals abandoned established Supreme Court precedent in affirming the petitioner's conviction despite finding no …
18-8388 Brian Wright v. United States Ninth Circuit 2019-03-12 Denied Response WaivedIFP cell-phone-tracking due-process fourth-amendment overbreadth search-and-seizure sentencing supervised-release tapia-error vagueness warrantless-search Did the Ninth Circuit err by finding that there was no 'egregious violation' of Mr. Wright's Fourth Amendment rights when Mr. Wright's cellular phone …
18-8202 Walter Ronaldo Martinez Escobar v. United States Eighth Circuit 2019-02-28 Denied IFP circuit-split eighth-circuit exclusionary-rule fourth-amendment good-faith-exception leon-standard search-and-seizure supreme-court-precedent warrant-execution warrant-requirement warrantless-search Does the Eighth Circuit caselaw the Panel applied in Escobar's case holding that the United States v. Leon good-faith exception applies even when the …
18-8109 Robert Blake Adams v. Texas Texas 2019-02-22 Denied IFP 4th-amendment blood-draw criminal-procedure due-process exigent-circumstances fourth-amendment retroactive-application retroactivity texas-transportation-code warrant-requirement warrantless-search Should this court's holding in Missouri v. McNeely, 133 S. Ct. 1552 (2013), be applied retroactively to state cases?
18-7965 Daniel Stewart v. United States Seventh Circuit 2019-02-14 Denied Response WaivedIFP civil-rights counsel-of-choice due-process fourth-amendment Fourth-Amendment-Claim Miranda-Rights probable-cause Right-to-Counsel rodriguez-v-united-states search-and-seizure standing Suspicionless-Surveillance warrantless-search Warrantless-Searches Whether the warrantless searches of petitioner's person and his motor vehicle were in clear violation of his Fourth Amendment rights
18-7981 Santos Peter Murillo, aka Peter Santos Murillo v. United States Ninth Circuit 2019-02-14 Denied Response WaivedIFP batson batson-hearing civil-rights discrimination first-amendment fourth-amendment jury-selection public-trial sixth-amendment standing triviality-exception warrantless-search Is there a 'triviality' exception to the First Amendment's and Sixth Amendment's public trial requirement, and, if so, was a hearing regarding Governm…
18-7875 Lionel Cannon, aka Cannon v. United States Third Circuit 2019-02-08 Denied Response WaivedIFP carpenter-precedent carpenter-v-united-states criminal-procedure fourth-amendment franks-hearing law-enforcement search-and-seizure vehicle-search warrant-requirement warrantless-search wiretaps Was Cannon denied his Fourth Amendment rights?
18-1035 Keithrick Thomas v. Texas Texas 2019-02-07 Denied curtilage driveway plain-view-exception probable-cause search-and-seizure warrantless-search curtilage fourth-amendment plain-view-doctrine police-encounter probable-cause search-and-seizure standing vehicle-search warrantless-search Warrantless search of passenger's pockets in driveway violates Fourth Amendment
18-7465 Marshaun Boykin v. Illinois Illinois 2019-01-16 Denied IFP civil-procedure civil-rights due-process excessive-force police-misconduct qualified-immunity civil-rights due-process fourth-amendment property-rights search-and-seizure warrantless-search Whether the police violated the petitioner's Fourth Amendment rights by conducting a warrantless search and seizure of the petitioner's property
18-915 Gregory T. Christian v. K. A. Payne, et al. Fourth Circuit 2019-01-16 Denied Response Waived 4th-amendment audio-evidence coercion consent evidence-suppression fourth-amendment procedural-irregularities qualified-immunity search-and-seizure section-1983 suppression-of-evidence warrantless-search Whether producing identification without being requested justifies search for weapons several minutes later
18-7294 Sergio Antonio Zambrano v. United States Eleventh Circuit 2019-01-08 Denied Response WaivedIFP 4th-amendment fourth-amendment pat-down probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio warrantless-search warrantless-searches Whether a police officer may reach into an individual's pockets and remove objects during a Terry stop if the officer cannot determine through a pat-d…
18-7309 Kevin Balfour v. United States Sixth Circuit 2019-01-08 Denied Response WaivedIFP civil-rights constitutional-rights exclusionary-rule fourth-amendment home-invasion inevitable-discovery police-procedure protective-sweep search-and-seizure warrant-requirement warrantless-search Does the inevitable-discovery doctrine unlawfully and/or improperly expand the limits of the protective-sweep exception to the Fourth-Amendment right …
18-870 Ilyas V. Ibragimov v. Wisconsin Wisconsin 2019-01-08 Denied Response Waived fourth-amendment fourth-amendment-violation law-enforcement search-and-seizure seizure seizures unreasonable-search unreasonable-searches vehicle-stop warrantless-search Whether Petitioner's Fourth Amendment right to be free from unreasonable searches and seizures was violated when his vehicle was stopped by law enforc…
18-7248 Vertis Anthony v. Louis Boyd, Warden, et al. Eleventh Circuit 2019-01-07 Denied Response WaivedIFP appeals appellate-jurisdiction civil-procedure constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment judicial-bias jurisdiction probable-cause rules-of-civil-procedure standing subject-matter-jurisdiction warrantless-search Whether the U.S. Court of Appeals for the Eleventh Circuit erred in its rulings on the jurisdictional issues raised in the petition
18-7214 Waymon Scott McLaughlin v. United States Fifth Circuit 2019-01-03 Denied Response WaivedIFP arrestee-access arrestee-rights fourth-amendment law-enforcement-procedure probable-cause search-incident-to-arrest unreasonable-search vehicle-search warrant-requirement warrantless-search Whether the Fourth Amendment permits officers to search objects carried by an arrestee without a warrant even after they have eliminated any realistic…
18-7219 Jose Amador and Diana Mekaeil v. United States Tenth Circuit 2019-01-02 Denied IFP appellate-review burden-of-proof circuit-split criminal-procedure due-process exclusionary-rule invited-error judicial-procedure legal-burden standard-of-review warrantless-search Whether a finding of invited error requires a finding of deliberateness
18-7184 Antione Chambers, aka Sealed Defendant 1, aka Twizzie v. United States Second Circuit 2018-12-27 Denied Response WaivedIFP 4th-amendment carpenter-v-united-states cell-site-data civil-rights exclusionary-rule fourth-amendment good-faith-exception search-and-seizure stored-communications-act warrantless-search Whether the good faith exception to the Fourth Amendment exclusionary rule applies
18-7187 Willis Wheeler v. United States Third Circuit 2018-12-27 GVR Relisted (4)IFP circuit-split curtilage exigent-circumstances fourth-amendment key-insertion privacy reasonable-expectation-of-privacy search warrantless-search Whether a law enforcement officer's warrantless insertion of keys into a locked apartment door, within a secured multi-unit dwelling, to gain informat…
18-7163 Kent Mayfield, et ux. v. Harvey County Sheriff's Department, et al. Tenth Circuit 2018-12-21 Denied Response WaivedIFP 2nd-amendment 4th-amendment civil-rights dog-seizure due-process fourth-amendment law-enforcement personal-property pet-dog property-rights qualified-immunity search-and-seizure warrantless-search Did the defendants violate the plaintiffs' Fourth Amendment rights?
18-7043 Coleman Tuton v. United States Eighth Circuit 2018-12-14 Denied Response WaivedIFP 4th-amendment attenuation-doctrine commercial-passenger-bus drug-detection-canine fourth-amendment independent-source-doctrine luggage probable-cause search-and-seizure warrantless-search Does the general alert of a drug-detection canine to the luggage compartment of a commercial passenger bus—but not to any particular piece of luggage …
18-746 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…
18-6918 Samantha Christine Velazquez v. United States Ninth Circuit 2018-12-04 Denied Response WaivedIFP 4th-amendment border-search cell-phone-privacy cell-phone-search civil-rights due-process fourth-amendment probable-cause riley-precedent riley-v-california search-and-seizure warrantless-search Whether a warrantless, post-arrest cell-phone-search is permissible under the Fourth-Amendment at the United-States-border
18-6866 Thomas Edward Sperber v. Pennsylvania Pennsylvania 2018-11-28 Denied IFP 4th-amendment cellular-phone civil-rights digital-privacy fourth-amendment privacy probable-cause search-and-seizure warrant-requirement warrantless-search Does the act of accessing any information from a cellular phone without a warrant contravene the Supreme Court's decision in Riley v. California and U…
18-6775 Edward Joseph Kehoe v. United States Fourth Circuit 2018-11-21 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment harmless-error impartial-judge judicial-error racial-bias racial-discrimination reasonable-suspicion search-and-seizure structural-error warrantless-search Whether the clearly improper use of a person's race by a judge to support a finding of reasonable suspicion justifying a warrantless search and seizur…
18-6512 Jabril Jones v. United States Sixth Circuit 2018-11-01 Denied Response WaivedIFP 4th-amendment appeals cell-phone-privacy civil-procedure civil-rights due-process exclusionary-rule false-imprisonment Fourth-Amendment jurisdiction jury-trial probable-cause search-incident-to-arrest sentencing standing warrantless-search Whether petitioners were arrested without probable cause
18-6496 John Thomas v. United States Seventh Circuit 2018-10-30 Denied Response WaivedIFP appellate-argument appellate-procedure appellate-review carpenter-v-united-states cell-phone-location cell-phone-location-data cell-phone-tracking constitutional-rights conviction-affirmance conviction-affirmation fourth-amendment search-and-seizure warrantless-search Whether the opinion of the Seventh Circuit Court of Appeals, which failed to address Thomas's appellate argument that his Fourth Amendment rights were…
18-6499 Dominique Johnson v. United States Third Circuit 2018-10-30 Denied Response WaivedIFP 10th-amendment 4th-amendment civil-rights double-jeopardy due-process federal-agents federal-government fourth-amendment home-arrest standing tenth-amendment warrantless-search Whether an individual can challenge a warrantless arrest inside a home by federal government agents under the 4th Amendment
18-6318 Jeffrey Allen Ware v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-10-15 Denied IFP 4th-amendment constitutional-violation exclusionary-rule fourth-amendment police-misconduct search-and-seizure warrant-requirement warrantless-search Is the exclusionary rule properly limited solely to the purpose of deterring police misconduct or can/should it be used to enforce a clear constitutio…
18-6210 Gerald P. Mitchell v. Wisconsin Wisconsin 2018-10-04 Judgment Issued Amici (11)Relisted (2)IFP blood-draw exigent-circumstances fourth-amendment implied-consent motorist-rights search-and-seizure unconscious-motorist warrant-requirement warrantless-search Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement
18-6162 Lyanne Lemeunier-Fitzgerald v. Maine Maine 2018-10-02 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment 5th-amendment blood-test civil-rights consent-coercion criminal-penalties due-process implied-consent mandatory-minimum sentencing-enhancement warrantless-search Does a motorist voluntarily consent to a warrantless blood draw if she has been warned that refusal to submit will result in a mandatory minimum perio…
18-407 Matthew John Stickle v. Virginia Virginia 2018-10-01 Denied Response Waived constitutional-rights criminal-procedure curtilage due-process fourteenth-amendment fourth-amendment fourth-amendment,fourteenth-amendment,search-and-s ip-address search-and-seizure threshold warrantless-search Was the evidence in this case unlawfully obtained as a result of an unlawful search and seizure in violation of the Fourth and Fourteenth Amendments?
18-392 Aaron M. Richardson v. United States Eleventh Circuit 2018-09-27 Denied carpenter-precedent carpenter-v-united-states cell-site-location-information eleventh-circuit fourth-amendment search-and-seizure standing stored-communications-act warrant-requirement warrantless-search whether-cell-site-location-information-obtained-without-a-warrant-violates-the-fourth-amendment
18-5987 Ajohntae Hammond v. United States Tenth Circuit 2018-09-14 Denied Response WaivedIFP 4th-amendment circuit-split fourth-amendment officer-safety police-discretion pretext probable-cause qualified-immunity reasonable-suspicion search-and-seizure totality-of-circumstances totality-of-the-circumstances warrantless-search Whether a police officer's fear for safety justified a warrantless search
18-5690 Darren Taylor v. Thomas Schweitzer, Warden Sixth Circuit 2018-08-22 Denied IFP 14th-amendment 4th-amendment 5th-amendment cell-phone-privacy constitutional-rights due-process evidence-suppression fourth-amendment gps-data search-and-seizure warrantless-search Whether Petitioner was denied his constitutional right to a full and fair opportunity to litigate his claim of being denied his constitutional right t…
18-5296 Todd Rasberry v. United States First Circuit 2018-07-20 Denied Response RequestedResponse WaivedRelisted (2)IFP consent fourth-amendment home-privacy home-search probable-cause search-and-seizure terry-stop terry-v-ohio warrant-requirement warrantless-search Whether the government can circumvent a home occupant's consent by invoking Terry v. Ohio to search the home and person without a warrant
18-5151 James G. Yahnke v. North Dakota North Dakota 2018-07-06 Denied IFP 4th-amendment blood-test civil-rights consent constitutional-rights drunk-driving due-process fourth-amendment implied-consent probable-cause search-and-seizure warrantless-search Whether the Fourth Amendment prohibits warrantless blood tests for drunk driving, where a motorist has not consented to the blood test
18-5085 Teon Jamell Williams v. North Carolina North Carolina 2018-07-02 Denied Response WaivedIFP 4th-amendment cell-phone-privacy collateral-estoppel constitutional-rights criminal-procedure direct-appeal double-jeopardy effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel search-and-seizure sixth-amendment state-law warrantless-search Whether the petitioner's right to effective assistance of counsel in his first direct appeal of right was violated when counsel refused to brief his F…
18-5004 Tremayne Antwane Mitchell v. United States Fourth Circuit 2018-06-28 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment curtilage evidence-suppression exclusionary-rule fourth-amendment franks-hearing franks-v-delaware good-faith-exception police-search probable-cause reasonable-expectation-of-privacy search-and-seizure standing warrantless-search Whether the police officers unlawfully searched the petitioner's apartment by trespassing on the curtilage and sniffing the window and doorframe