No. 18-8166

Bruce Dwayne Winston v. United States

Lower Court: Fourth Circuit
Docketed: 2019-02-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment carpenter-v-united-states cell-site-data evidence-admissibility pretextual-stop reasonable-expectation-of-privacy search-and-seizure terry-stop unlawful-search-and-seizure
Latest Conference: 2019-03-29
Question Presented (from Petition)

Did the District Court error in allowing evidence attained in an illegal Terry/Pretextural stop to be admitted into evidence in violation of the Petitioners 4th amendment rights.

Did the District Court error in allowing data gained from a cell phone site record as to the Petitioners whereabouts, placing him at various crime scenes, (drug transactions) admitted into evidence without a proper warrant in violation of the Petitioners 4th Amendment protection against unlawful search and seizure and his reasonable expectation of privacy.

In light of the courts ruling in Carpenter No. 16-402, did the Appeals court error in not applying the ruling concerning cell site data being obtained without a warrant, in violation of the Petitioners 4th Amendment rights in the instant case and remand it for further consideration in light of Carpenter in essence over ruling the District Courts admission of the cell site data into evidence.

Did the District Court error in allowing evidence of other acts leading to a Character conclusion under Rule 404 into evidence when those acts were unrelated

In light of the decision handed down by the 7th Circuit Court of Appeals in United States v. Fausto Lopez, No 17-2517 on October 18, 2018, did the Court of Appeals for the Fourth Circuit error in not applying the same reasoning to the instant case, remanding it for further proceedings, consistent with Lopez.

Question Presented (AI Summary)

Did the District Court err in admitting evidence obtained from an illegal Terry/pretextual stop in violation of the 4th Amendment?

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-06
Waiver of right of respondent United States to respond filed.
2018-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2019)

Attorneys

Bruce Dwayne Winston
Bruce Dwayne Winston — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent