No. 19-6766

Miles Barton Nichols v. United States

Lower Court: Ninth Circuit
Docketed: 2019-11-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: fourth-amendment fourth-amendment-search-and-seizure franks-hearing franks-v-delaware informant-credibility law-enforcement-procedure material-omissions probable-cause recklessness search-warrant
Latest Conference: 2020-01-10
Question Presented (from Petition)

1. Whether a finding of recklessness, entitling a defendant to a hearing pursuant to Franks v. Delaware, should be inferred where the omissions are clearly critical to probable cause.

2. Whether an informant's conviction for lying to the police is not material to probable cause where her statements were the sole basis linking the defendant to drug trafficking.

Question Presented (AI Summary)

Whether a finding of recklessness should be inferred where omissions are critical to probable cause

Docket Entries

2020-01-13
Petition DENIED.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-12-05
Waiver of right of respondent United States to respond filed.
2019-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2019)

Attorneys

Miles Barton Nichols
Jeremy B. SpornFederal Defenders of Eastern Washington & Idaho, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent