No. 18-8928

Alberto Julio Guillen v. United States

Lower Court: Ninth Circuit
Docketed: 2019-04-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights due-process evidence evidence-suppression exigent-circumstances search-and-seizure standing
Latest Conference: 2019-05-23
Question Presented (from Petition)

1o- Whether a warrantless entry and seavch, where the totality
of the circumstances;including facts undermining any obsectively
veasonable beliet that anactive emersency hud occurred. or was
Of the Fourt Amendment ? If so, should statements and evidence that
were obtained as a resolt of such an unlawful entry be suppress?
This is an issue of first of first impression, of national importance,
Which Reavives this Courts attention.

2--Whether the Due Process clause of the Fifth Amerdment veavired
the Ninth Circvit to grant an evidentary hearins nder

Franks v. Delawere P ifso, should this court remand this case
for the Ninth Circwit to review the Petitioneris overlooked issves?

Question Presented (AI Summary)

Whether a warrantless entry and search, where the totality of the circumstances indicates that exigent circumstances had occurred, or was recovering evidence inside a home violate the Constitution's Guarantees of the Fourth Amendment?

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-01
Waiver of right of respondent United States to respond filed.
2019-04-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2019)

Attorneys

Alberto Julio Guillen
Alberto Julio Guillen — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent