No. 19-513

Aivaras Mardosas v. Florida

Lower Court: Florida
Docketed: 2019-10-21
Status: Denied
Type: Paid
Response Waived
Tags: bare-bones-affidavit collective-knowledge-doctrine fellow-officer-rule fourth-amendment probable-cause search-warrant suppression-of-evidence
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2019-11-22
Question Presented (from Petition)

Whether under the Fourth Amendment, the "fellow officer rule" (or the collective knowledge doctrine) can be utilized in justifying a search warrant where the probable cause relied on at time of issuance was flawed, i.e. bare bones, and did not contain facts or circumstances to support the affiant officer's reliance on facts known by an unknown fellow officer.

Whether under the Fourth Amendment, suppression of evidence would be proper when the basis, probable cause, for the search warrant relies on facts or circumstances known by fellow law enforcement but those facts or circumstances of knowledge are not provided to the magistrate by the affiant officer when applying for a search warrant for a private dwelling, and without the application of the "fellow officer rule" the probable cause is based on essentially a 'bare bones' affidavit.

Question Presented (AI Summary)

Whether the 'fellow officer rule' can justify a search warrant with flawed probable cause

Docket Entries

2019-11-25
Petition DENIED.
2019-11-06
DISTRIBUTED for Conference of 11/22/2019.
2019-10-29
Waiver of right of respondent State of Florida to respond filed.
2019-06-24
Petition for a writ of certiorari filed. (Response due November 20, 2019)

Attorneys

Aivaras Mardosas
Miguel Antonio CoderCoder Mardosas PLLC, Petitioner
State of Florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent