No. 20-6753

Andre Martel Winn v. United States

Lower Court: Ninth Circuit
Docketed: 2021-01-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split civil-rights due-process electronic-device-search electronic-devices fourth-amendment inevitable-discovery search-and-seizure supervisory-powers warrant warrant-validity
Latest Conference: 2021-02-19
Question Presented (from Petition)

1. Whether the Ninth Circuit's application of the inevitable discovery exception—without requiring any factual basis to support it—is contrary to this Court's precedents and so far departs from the accepted and usual course of judicial proceedings as to call for the exercise of this Court's supervisory powers.

2. Whether the Ninth Circuit's validation of a warrant authorizing the search for and seizure of all electronic devices within a residence, without requiring that they be connected to any suspect or criminal activity, based only the observed presence of a suspect at that residence, is contrary to this Court's precedents and the decision of the Court of Appeals for the D.C. Circuit in United States v. Griffith, 867 F.3d 1265 (D.C. Cir. 2017).

Question Presented (AI Summary)

Whether the Ninth Circuit's application of the inevitable-discovery-exception

Docket Entries

2021-02-22
Petition DENIED.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2021-01-11
Waiver of right of respondent United States of America to respond filed.
2020-12-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2021)

Attorneys

Andre Winn
John Paul ReichmuthFederal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent