No. 18-7711
Christopher Fitzgerald v. United States
Response WaivedIFP
Tags: 4th-amendment civil-rights due-process exclusionary-rule fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant united-states-v-leon warrant-affidavit
Key Terms:
FourthAmendment CriminalProcedure Privacy
FourthAmendment CriminalProcedure Privacy
Latest Conference:
2019-03-01
Question Presented (from Petition)
Does the "good faith" exception to the ex clusionary rule apply to uphold a search
of a residence, where there is no nexus between the residence and any alleged drug
trafficking, but the affidavit contains ev idence that the targeted individuals are
involved in trafficking, thus negating the third Leon factor which supports exclusion
of evidence obtained in a search where an officer drafts an affidavit "so lacking inindicia of probable cause as to render official belief in its existence entirelyunreasonable?"
United States v. Leon , 468 U.S. 897, 923 (1984).
Question Presented (AI Summary)
Does the 'good faith' exception to the exclusionary rule apply to uphold a search
Docket Entries
2019-03-04
Petition DENIED.
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2019-02-07
Waiver of right of respondent United States of America to respond filed.
2019-01-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2019)
Attorneys
Christopher Fitzgerald
Vanessa Malone — Office of the Federal Public Defender, Petitioner
United States of America
Noel J. Francisco — Solicitor General, Respondent