No. 19-541

Michael Lambert v. Estate of Kevin Brown, by its Successor in Interest Rebecca Brown, et al.

Lower Court: Ninth Circuit
Docketed: 2019-10-24
Status: Denied
Type: Paid
Tags: cold-case criminal-investigation criminal-procedure dna-evidence exigent-circumstances false-statements fourth-amendment fourth-amendment-violations murder-case probable-cause search-and-seizure search-warrant third-party
Latest Conference: 2020-02-21
Question Presented (from Petition)

1. Did the Ninth Circuit err by failing to address whether a reasonable officer in Detective Lambert's position would have objectively believed his conduct, in deciding what information to include or not to include in the affidavit, was lawful in light of clearly established law?

2. Did the Ninth Circuit err by failing to address whether Plaintiffs made a substantial showing of deliberate falsehood or reckless disregard for the truth by Detective Lambert?

Question Presented (AI Summary)

Whether the Fourth Amendment requires a warrant to search a home based on probable cause and exigent circumstances when the home is owned by a third party who is not suspected of any wrongdoing

Docket Entries

2020-02-24
Petition DENIED.
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2020-01-09
Reply of petitioner Michael Lambert filed.
2019-12-26
Brief of respondents Estate of Kevin Brown, et al. in opposition filed.
2019-10-29
Motion to extend the time to file a response is granted and the time is extended to and including December 26, 2019.
2019-10-25
Motion to extend the time to file a response from November 25, 2019 to December 26, 2019, submitted to The Clerk.
2019-10-21
Petition for a writ of certiorari filed. (Response due November 25, 2019)

Attorneys

Estate of Kevin Brown, et al.
Eugene G. IredaleIredale and Yoo, APC, Respondent
Michael Lambert
Catherine Ann RichardsonSAN DIEGO CITY ATTORNEY'S OFFICE, Petitioner