No. 20-7416

James Lee Herman, Jr. v. United States

Lower Court: Fourth Circuit
Docketed: 2021-03-10
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 4th-amendment driving-under-the-influence exclusionary-rule fourth-amendment inevitable-discovery inevitable-discovery-doctrine probable-cause search-and-seizure traffic-stop
Latest Conference: 2021-04-01
Question Presented (from Petition)

Whether police officers who violated a driver's Fourth Amendment rights when they searched him during a traffic stop had probable cause to arrest the driver for driving under the influence and would have inevitably searched him pursuant to that arrest, discovering the firearm they recovered from him.

Question Presented (AI Summary)

Whether police officers who violated a driver's Fourth Amendment rights had probable cause to arrest the driver for driving under the influence and would have inevitably searched him pursuant to that arrest

Docket Entries

2021-04-05
Petition DENIED.
2021-03-17
DISTRIBUTED for Conference of 4/1/2021.
2021-03-15
Waiver of right of respondent United States of America to respond filed.
2021-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 9, 2021)

Attorneys

James Herman
Jonathan David ByrneFederal Pub Defender S. Dist., Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent