No. 18-6905

Thomas Thadeus Szczerba v. United States

Lower Court: Eighth Circuit
Docketed: 2018-12-03
Status: Denied
Type: IFP
IFP
Tags: affidavit-incorporation criminal-procedure exclusionary-rule fourth-amendment good-faith-exception incorporation-of-affidavit search-and-seizure warrant-incorporation warrant-particularity warrant-particularization
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2019-04-12
Question Presented (from Petition)

I. Does the Leon "good -faith exception" to the exclusionary rule apply when a warrant fails to particularize the "things to be seized" and fails to contain appropriate words of incorporation of an affidavit in support of the warrant?

II. If the Leon "good -faith exception" to the exclusionary rule does not apply when a warrant fails to particularize the "things to be seized" and fails to contain appropriate words of incorporation of an affidavit in support of the warrant , may evidence obtained pursuant to the invalid warrant nevertheless be admitted if the executing officers' conduct is not deliberate, reckless, or grossly negligent?

Question Presented (AI Summary)

Does the Leon 'good-faith exception' to the exclusionary rule apply when a warrant fails to particularize the 'things to be seized' and fails to contain appropriate words of incorporation of an affidavit in support of the warrant?

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-15
Reply of petitioner Thomas Thadeus Szczerba filed.
Main DocumentProof of Service
2019-03-01
Brief of respondent United States in opposition filed.
Certificate of Word CountMain Document
2019-01-25
Motion to extend the time to file a response is granted and the time is further extended to and including March 1, 2019.
2019-01-24
Motion to extend the time to file a response from February 1, 2019 to March 1, 2019, submitted to The Clerk.
Main Document
2018-12-27
Motion to extend the time to file a response from January 2, 2019 to February 2, 2019, submitted to The Clerk.
Main Document
2018-12-27
Motion to extend the time to file a response is granted and the time is extended to and including February 1, 2019.
2018-11-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2019)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Thomas Thadeus Szczerba
Justin Keith Gelfand — Margulis Gelfand LLC, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent