No. 20-1628

Daniel Tekle v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2021-05-20
Status: Denied
Type: Paid
Tags: 4th-amendment constitutional-rights due-process equal-protection fourth-amendment probable-cause search-and-seizure void-judgment warrantless-search
Key Terms:
FourthAmendment DueProcess
Latest Conference: 2021-09-27
Question Presented (from Petition)

Whether "The right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizers, shall not be violated, and warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. "4th Amendment. The constitution placed a formidable barriers to an officer to access my property without a court warrant. How then I become an offender while an officer violated my constitutional right by pulling me out of my own vehicle without warrant and be able to charge me? United States v. Di Re, 332 U.S. 581 (1948). " A search is not made legal by what it turns up; in law, it is good or bad when it starts, and does not change character from its success. P. 332 U. S. 595 " "No federal statute controls the validity of an arrest without warrant in a case such as this. Pp. 332 U. S. 590-591 ". A police officer does not have authority to knock on my closed vehicle without warrant no matter whether the crime committed or not?

whether any attempted exercise of a police power which resulting in denial of equal protection is invalid "? "AD persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of United States and of the State wherein reside. No State shall make or enforce any law which shaU abridge the privileges or immunities of citizens of United States. ' nor shaD any State deprive any person of life, bberty or property; without due process of law, nor deny to any person within its jurisdiction the equal protection of laws. " 14th amendment. Am I not discriminated when the law enforcement officer denied to disclose his identity tome would be able to implement the state law without discrimination? When I asked detective multiple times whether the person I am communicating a police officer, he denied to disclose his Identity. The officer violated equal protection of the law? "...the least deserving as well as the most virtuous. " When I am asking his identity I begging the detective to give me the same kind of protection as he pretended to protect. Here is what I asked "I wanted you to reassure me not about beer but are you 100% sure there is no setup me in this sting? I mean I have seen ABC video before and it leave me nervous? " Oct.30, 2016 at 8-57PM. Here and in the subsequent interaction, I am begging for equal protection of law which he failed. Thus the court lacks the subject matter jurisdiction.

whether the 4th amendment protect my life, liberty and property, if I was in my own property? Can a person be convicted without being in a crime scene? The simple answer is, "no." One cannot be convicted of a crime without being in crime scene or evidence. Without evidence and not being in crime scene one cannot be neither convicted of a state nor a federal crime. Being in my own vehicle is a crime? Was not my constitutional right protected in my own vehicle? If there is no evidence against you, under the law, it simply is not possible for the prosecutor 's office to obtain a conviction at trial. Any evidence gained in violation of 4th amendment is in admissible. The Government lacks power to constitutionally to prosecute me because the claim, challenged the government 's power to criminalize petitioner 's (admitted) conduct. " Any evidence gathered with unlawful access to me and my property is in admissible. In this case in violation of my constitutional rights of 4th amendment. The claim is called into question the government 's power to constitutionally prosecute him

Question Presented (AI Summary)

Question not identified

Docket Entries

2021-10-04
Petition DENIED.
2021-07-07
DISTRIBUTED for Conference of 9/27/2021.
2021-05-17
Petition for a writ of certiorari filed. (Response due June 21, 2021)

Attorneys

Daniel Tekle
Daniel Tekle — Petitioner