No. 19-5339

James Kenneth Ganzer, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2019-07-25
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: authority exclusionary-rule fourth-amendment good-faith-exception magistrate-authority magistrate-judge search-warrant void-ab-initio
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2019-10-01
Question Presented (from Petition)

Can the good faith exception to the Fourth Amendment's exclusionary rule apply to a search warrant that was void ab initio, and therefore without legal effect, because the magistrate judge who issued it lacked authority to do so?

Question Presented (AI Summary)

Can the good faith exception to the Fourth Amendment's exclusionary rule apply to a search warrant that was void ab initio, and therefore without legal effect, because the magistrate judge who issued it lacked authority to do so?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-07
Waiver of right of respondent United States of America to respond filed.
2019-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2019)

Attorneys

James Kenneth Ganzer
Bradford Wayne BoganFederal Public Defender for the Western District o, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent