No. 18-8518

John Moses Burton v. United States

Lower Court: Fourth Circuit
Docketed: 2019-03-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-procedure civil-rights constitutional-protections due-process fourth-amendment good-faith good-faith-exception judicial-interpretation legal-precedent magistrate-qualifications search-and-seizure search-warrant standing
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2019-04-26
Question Presented (from Petition)

QUESTION (1): When and how should the courts be bound to the presedent set by the high Court's opinion?

QUESTION (2): Is it time to re-evaluate the loopholes that are permitted by the government to excuse illegal searches?

QUESTION (3): When a Search Warrant stipulates the exact same language from the Search Affidavit presented by the requesting law enforcement officer, how is the a law enforcement officer able to interpret a Search Warrant as being defective when it is precisely what they requested?

QUESTION (4): How is a Judge and/or a Magistrate held to the same legal standards of responsibility in interpreting a Search Warrant as Law Enforcement?

QUESTION (5): If ignorance of the law not an excuse when an individual breaks the law, why is the Government allowed to utilize ignorance as an excuse when ignoring the Constitution?

QUESTION (6): Why are the State Constitutional Protections also available to defendants against Unconstitutional General Warants (especially from State and Local Law Enforcement Agents)?

QUESTION (7): How may a person protect themselves from a Magistrate acting as a 'Rubber Stamp' for law enforcement when there is limited to no records when a Magistrate has denied any previous applications?

QUESTION (8): May we please articulate what constitutes 'Exigent Circumstances' now in the Digital Age of computers and cell phones?

QUESTION (9): What qualifications should a Magistrate hold in being able to interpret what is Constitutional when evaluating a Search Affidavit befoie granting a Search Warrant?

QUESTION (10): Is it time to re-evaluate and overrule the 1984 split decision of. [Leon]?

QUESTION (11): Why has the Government been giving the ability to utilize the excuse of ignorance when it conducts itself illegally/unconstitutionally?

QUESTION (12): What are the consequences for the Government that ignore and/or break the Supreme Law of the land, the Constitution?

Question Presented (AI Summary)

When and how should the courts be bound to the precedent set by the high Court's opinion?

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-02
Waiver of right of respondent United States to respond filed.
2019-02-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2019)

Attorneys

John Moses Burton
John Moses Burton IV — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent