No. 19-7592

John D. McAllister v. Timothy Malfitano, et al.

Lower Court: Fourth Circuit
Docketed: 2020-02-07
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 4th-amendment civil-rights due-process fourth-amendment judicial-integrity jurisdiction jurisdictional-overreach law-enforcement-misconduct probable-cause search-and-seizure warrant-falsification
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2020-09-29 (distributed 2 times)
Question Presented (from Petition)

1). Is it legal for the Jacksonville Police Department to falsify warrants and forge a magistrate name to illegally arrest a man for 25 year old warrants with absolutely no evidence or written statements to show probable cause.

2). If a crime was committed in Jones county, after a run of the serial number the gun comes back reported stolen from Jones county N.C., How does Onslow County have jurisdiction to issue arrest warrants and hold for prosecution in Onslow County.

3). Isn't it a violation of the forth Amendment to search seize a person, no warrants shall issue but upon pabable cause support by Oath or Affirmation.

Question Presented (AI Summary)

Whether the Fourth Amendment was violated by the illegal arrest and search of the petitioner without probable cause

Docket Entries

2020-10-05
Rehearing DENIED.
2020-09-02
DISTRIBUTED for Conference of 9/29/2020.
2020-05-08
Petition for Rehearing filed.
2020-04-20
Petition DENIED.
2020-03-26
DISTRIBUTED for Conference of 4/17/2020.
2020-02-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 9, 2020)

Attorneys

John D. McCallister
John D. McAllister — Petitioner