No. 20-5493

Tobias O. Reed v. Virginia

Lower Court: Virginia
Docketed: 2020-08-25
Status: Denied
Type: IFP
IFP
Tags: constitutional-evidence criminal-investigation ex-parte-order exclusionary-rule good-faith-defense good-faith-exemption illinois-v-krull prosecutorial-conduct prosecutorial-misconduct
Latest Conference: 2020-10-30
Question Presented (from Petition)

I. Are prosecuting attorneys who engage with a court in the course of conducting a criminal investigation, such as obtaining an ex parte order, entitled to the same good faith exemption from the exclusionary rule that this Court allowed for a police officer acting in the moment in Illinois v. Krull, 480 U.S. 340 (1987), under the same standard and analysis as police, or are lawyers different, requiring a different standard and analysis?

II. When a prosecutor who has used an unconstitutional method to obtain evidence in a criminal investigation raises the affirmative defense of good faith, like that raised by the police officer in Illinois v. Krull, supra, to exempt their action from the exclusionary rule, should the court deciding their claim have a factual record about what the prosecution knew or was chargeable with knowing and what they did or did not do for its decision?

Question Presented (AI Summary)

Are prosecuting attorneys entitled to the same good faith exemption from the exclusionary rule as police officers?

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-08
DISTRIBUTED for Conference of 10/30/2020.
2020-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2020)

Attorneys

Tobias Reed
Marvin David MillerThe Law Offices of Marvin D. Miller, Petitioner