No. 21-6936

Charles Roland Cheatham, aka Chi-Chi v. United States

Lower Court: Ninth Circuit
Docketed: 2022-01-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conspiracy conspiracy-investigation criminal-investigation evidence-derivation law-enforcement-procedure material-misstatement necessity probable-cause transfer wiretap wiretap-authorization
Latest Conference: 2022-02-18
Question Presented (from Petition)

1. May the government obtain a wiretap to investigate whether an individual is a member of an alleged conspiracy, by relying in part upon evidence from the conspiracy and not pertaining to the individual in question, when the government otherwise would fail to establish necessity and probable cause to wiretap that individual?

2. Was the government's confusing organization of its wiretap affidavit, which obscured the lack of necessity and probable cause for a wiretap of Petitioner, a "material misstatement or omission" in the affidavit, and/or did it effect an impermissible "transfer" of a showing of necessity from one telephone to another?

Question Presented (AI Summary)

May the government obtain a wiretap to investigate whether an individual is a member of an alleged conspiracy, by relying in part upon evidence from the conspiracy and not pertaining to the individual in question, when the government otherwise would fail to establish necessity and probable cause to wiretap that individual?

Docket Entries

2022-02-22
Petition DENIED.
2022-02-03
DISTRIBUTED for Conference of 2/18/2022.
2022-01-26
Waiver of right of respondent United States to respond filed.
2022-01-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2022)

Attorneys

Charles Cheatham
Darwin P RobertsGoldfarb & Huck Roth Riojas, PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent