No. 18-8665

Michael Benanti v. United States

Lower Court: Sixth Circuit
Docketed: 2019-04-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: affidavit criminal-activity fed-evid-r-403 fed-evid-rule-403 fourth-amendment harmless-error nexus nexus-requirement place-to-be-searched search-warrant substantial-rights
Latest Conference: 2019-04-26
Question Presented (from Petition)

1. Whether the Fourth Amendment requires the affidavit supporting a search warrant to show a nexus between the criminal activity at issue and the place to be searched.

2. Whether a violation of a defendant's substantial rights due to unfair prejudice caused by the admission of evidence in violation of Fed. Evid. R. 403 can be deemed to be harmless in light of other evidence of guilt.

Question Presented (AI Summary)

Whether the Fourth Amendment requires the affidavit supporting a search warrant to show a nexus between the criminal activity at issue and the place to be searched

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-09
Waiver of right of respondent United States of America to respond filed.
2019-03-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 2, 2019)

Attorneys

Michael Benanti
Dennis G. TerezLaw Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent