No. 21-7685

Carlos Delgado, aka Los v. United States

Lower Court: Second Circuit
Docketed: 2022-04-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confidential-informant fourth-amendment franks-hearing law-enforcement probable-cause reckless-disregard roviaro-v-united-states search-and-seizure warrant-affidavit
Latest Conference: 2022-06-02
Question Presented (from Petition)

Did the DEA task force agent act with reckless disregard for the truth when omitting material information that militated against a finding of probable cause from his affidavit or were the omissions permissible, under this Court's precedent - Roviaro v. United States, 353 U.S. 53 (1957) - and its progeny, as a means to mitigate the risk of revealing the confidential informant's identity?

Question Presented (AI Summary)

Did the DEA task force agent act with reckless disregard for the truth when omitting material information that militated against a finding of probable cause from his affidavit or were the omissions permissible, under this Court's precedent Roviaro v. United States, 353 U.S. 53 (1957) and its progeny, as a means to mitigate the risk of revealing the confidential informant's identity?

Docket Entries

2022-06-06
Petition DENIED.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-09
Waiver of right of respondent United States to respond filed.
2022-04-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2022)

Attorneys

Carlos Delgado
Carlos Delgado — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent