No. 20-5571

Angel C. Pacheco v. Maine

Lower Court: Maine
Docketed: 2020-09-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: any-persons-present collective-searches criminal-procedure drug-trafficking fourth-amendment probable-cause search-warrant warrant-standard
Latest Conference: 2020-10-09
Question Presented (from Petition)

(1) Whether, to obtain a search warrant authorizing the search of "any," "all" or "unknown" persons likely to be found at a residence believed to be used by drug traffickers, an affiant must demonstrate probable cause that each such person possesses evidence of a crime that will be discovered by a search, or only probable cause that all of the searches of such persons, collectively, will yield some evidence of a crime.

Question Presented (AI Summary)

Whether the Fourth Amendment requires probable cause that each person present will possess evidence of a crime, or only that the collective searches of 'any persons present' will yield evidence

Docket Entries

2020-10-13
Petition DENIED.
2020-09-17
DISTRIBUTED for Conference of 10/9/2020.
2020-09-08
Waiver of right of respondent Maine to respond filed.
2020-08-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 2, 2020)

Attorneys

Angel C. Pacheco
Rory Abbott McNamaraDrake Law, LLC, Petitioner
Maine
Donald William MacomberMaine Department of Atty. Gen., Respondent