No. 18-7965

Daniel Stewart v. United States

Lower Court: Seventh Circuit
Docketed: 2019-02-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 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
Latest Conference: 2019-03-22
Question Presented (from Petition)

WHETHER THE WARRANTLESS SEARCHES OF PETITIONER'S
PERSON, AND HIS MOTOR VEHICLE, WERE IN CLEAR VIOLATION
OF HIS FOURTH AMENDMENT RIGHTS, AS ENUNCIATED IN ROD-.
RIGUEZ v. UNITED STATES, 135 S.Ct. 1609 (2015)?

WHETHER THE APPEALS COURT'S REFUSAL TO ADDRESS THE
MERITS OF PETITIONER'S FOURTH AMENDMENT CLAIM CONSTITUTED
AN ABUSE OF DISCRETION WHEN THE DISTRICT COURT HAD RULED
ON THE CLAIM?

WHETHER THE LOWER COURTS ERRED IN FINDING THAT THE
PETITIONER WAIVED HIS MIRANDA RIGHTS AFTER HAVING INVOKED
THE RIGHT TO REMAIN SILENT, AND TO THE ASSISTANCE OF COUNSEL, WHEN THE ALLEGED WAIVER WAS THE DIRECT RESULT OF
CONTINUED. POLICE QUESTIONING AND MISREPRESENTATIONS?

WHETHER THE SUSPICIONLESS SURVEILLANCE OF A PRIVATE
CITIZEN, AND HIS PHYSICAL MOVEMENTS, WAS. IN VIOLATION OF
THE PRIVACY RIGHTS BESTOWED BY THE FOURTH AMENDMENT?

WHETHER THE PETITIONER WAS DENIED HIS CHOICE OF
COUNSEL WHEN LAW ENFORCEMENT AUTHORITIES SEIZED MONIES
IN FINANCIAL AND SAVINGS ACCOUNTS, WITHOUT PROBABLE
CAUSE TO BELIEVE THEY WERE RELATED TO ILLEGAL CONDUCT,
THEREBY DEPRIVING HIM OF THE MEANS TO EMPLOY COUNSEL OF
CHOICE, AS SET-FORTH IN LUIS' v. UNITED STATES, 136 S.Ct.
1083 (20160?

Question Presented (AI Summary)

Whether the warrantless searches of petitioner's person and his motor vehicle were in clear violation of his Fourth Amendment rights

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-27
Waiver of right of respondent United States to respond filed.
2019-01-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2019)

Attorneys

Daniel Stewart
Daniel Stewart — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent