No. 19-8181

Arkeem Hakim Jordan v. North Carolina

Lower Court: Fourth Circuit
Docketed: 2020-04-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence-disclosure particularity probable-cause prosecutorial-misconduct search-and-seizure speedy-trial
Latest Conference: 2020-05-21
Question Presented (from Petition)

scrition As to whnat property to seize.
Any Emerbency
our homes Doors . wrtnout thcre being
constrtutION
Issue Fouk.wus the sturch warrant ane Affiduvst For tne sccond seareh cons.
i+utrtrovully particulinr, an2 wns the seareh under the Second warriant Allowe
AnDER tUC UUrTOD STATES (OUStr+UtrON.
IsSue Frve. Do tue constifutIoN Allow tne STuTe TO Seize property NoT Irsted in t
SCArch WArrANt An2 AFFidArTt
ne poor?
ISTED iN THE INVENtORY.
court mao= Cenr tuat aill chements must be charged in tne
sues , the supreme
oubt. Id.526.u.5. 4+ Z32.
ASiS oF FAcTS PreJEnte dO A Grnnd Jury.
arl s to Set Forth An esseytine ekemeni oF a crrme. the court : has No Jurisdictio
:ssue Tuelve. Is i+ A Logul FucT that to Alow A prosecutor or dudge to make 4
sub seg uevt Guess As to what wns in tne mine or tne Grand jury a.ttne time +
ary was desrgned to Secure.
speeky -trinl. when he motrons the court fo or For a speeey -trral. then motinon
and Cienrly Alowed io
Do the Laci o:= FacTunL pArtrcularity in North carolinas
SSUE FIFHtECN.
NDrCTueNts ( ShorT Fokm) Fai to in Sure +uut tue deFendunt will be Prosccit
the cvan jury.
ineCiarTsdsrixHeJ

daloon
ISSUE STXtEEN.
IS i+ the Law under N.C.G.S. 8 i5- 1442 (a). iN the indictment For SEx
offelse itrs not necessiary toullege every mutter requirel to be proved ou the
trial. But ro the Body of the INditumeNt, AFTER naning the persoN Accusel,
the date of offense . the couNty in which the sex of fense was alleselly
committe, and the Averment "with Force an2 arms.
Issue Seventeen.
IS the rudictmeNt File No.(5) : 06 CRS 64 112-115 Defective uNder Apprendi v.
New Jersey, 530.4.5. 466 5 ct. (2coo), 1nd do :it Fully put tue defendant ON
Notice , As tue lappreudi
COURT STUATED it ShOULE.
ISSue Ers Ltteen.
STaTE iNdicT The defendunt Torce ane make him
ISSuE NivteEN. Did fhe STaTE counT violate the defenduans Federal nd
STATE CONSTiTUTIONAL RSUTS 4NER N.C-G

Question Presented (AI Summary)

Whether the search warrant and the resulting constitutionally and sufficiently particularized, and whether the officers were allowed to use their discretion as to what property to seize

Docket Entries

2020-05-26
Petition DENIED.
2020-05-06
DISTRIBUTED for Conference of 5/21/2020.
2020-04-30
Waiver of right of respondent North Carolina to respond filed.
2019-10-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 4, 2020)

Attorneys

Arkeem Jordan
Arkeem Hakim Jordan — Petitioner
State of North Carolina
Kimberly Nicole CallahanNorth Carolina Department of Justice, Respondent