No. 21-7182

Ernest Judge Smith, III v. Florida

Lower Court: Florida
Docketed: 2022-02-24
Status: Denied
Type: IFP
IFP
Tags: due-process exigent-circumstances fourteenth-amendment fourth-amendment knock-and-announce law-enforcement-tactics probable-cause search-and-seizure unreasonable-search warrantless-arrest
Key Terms:
DueProcess FourthAmendment FifthAmendment
Latest Conference: 2022-04-22
Question Presented (from Petition)

1. Isn 't the Fourth and Fourteenth Amendments violated when exigent circumstances are created through police officers use of unreasonable law enforcement tactics ?

2. Isn 't the Fourth and Fourteenth Amendments violated when exigent circumstances cease, and police officers continue to search ?

3. Isn 't The Knock and Announce rule a clearly establish right?

4. Isn 't the Fourth and Fourteenth Amendments violated when police officers enter a premises they know is occupied without performing a Knock and Announce procedure?

5. Isn 't the Fourth and Fourteenth Amendments violated when police officers search and seize a person inside their home without warrants issued ?

6. Isn 't the Fourth and Fourteenth Amendments violated when police officers arrest a person without conducting a reasonable investigation ?

7. Isn 't the Fourth and Fourteenth Amendments violated when police officers arrest a person and involuntarily without probable cause or warrants issued, escorts or transport that person from one place to another ?

8. Isn 't the Fourth and Fourteenth Amendments are violated when police officers arrest a person first and then search for incriminating evidence ?

9. Isn 't the Fourth and Fourteenth Amendments violated by the government when they use evidence that derived from an unlawful search and seizure ?

10. Isn 't it a Fourteenth Amendment violation for prosecutors to knowingly make false , material statements pertaining to a criminal case ?

11. Isn 't the Fifth and Fourteenth Amendments violated when a person is to stand trial and defend their self against charges that is knowingly based on perjured material evidence ?

12. When prosecutors intentionally alters evidence, violating the Fourteenth Amendment doesn 't that warrant a dismissal of criminal charges ?

13. Isn 't it a Fifth and Fourteenth Amendment violation when a Judge sets a Hearing for a motion, but does not give the defendant an opportunity to present or rebuttal arguments ?

Question Presented (AI Summary)

Isn't the Fourth and Fourteenth Amendments violated when exigent circumstances are created through police officers use of unreasonable law enforcement tactics?

Docket Entries

2022-04-25
Petition DENIED.
2022-04-07
DISTRIBUTED for Conference of 4/22/2022.
2022-02-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 28, 2022)

Attorneys

Ernest Judge Smith
Ernest Judge Smith III — Petitioner