No. 22-167

Daniel J. Van Linn v. Wisconsin

Lower Court: Wisconsin
Docketed: 2022-08-23
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: circuit-split evidence-admissibility exclusionary-rule fourth-amendment independent-source objective-inquiry reasonable-officer subjective-inquiry
Key Terms:
FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2022-10-07
Question Presented (from Petition)

Whether a court seeking to determine if a source of evidence is "genuinely independent" for purposes of the "independent source" exception to the exclusionary rule must ask whether the actual officers involved would have sought the relevant evidence had the unlawful search never taken place or instead may ask only whether a hypothetical reasonable officer would have sought the relevant evidence had the unlawful search never taken place.

Question Presented (AI Summary)

Whether a court seeking to determine if a source of evidence is 'genuinely independent' for purposes of the 'independent source' exception to the exclusionary rule must ask whether the actual officers involved would have sought the relevant evidence had the unlawful search never taken place or instead may ask only whether a hypothetical reasonable officer would have sought the relevant evidence had the unlawful search never taken place

Docket Entries

2022-10-11
Petition DENIED.
2022-09-22
Brief amici curiae of Fourth Amendment Legal Scholars filed. (Distributed)
2022-09-14
DISTRIBUTED for Conference of 10/7/2022.
2022-08-25
Waiver of right of respondent Wisconsin to respond filed.
2022-08-19
Petition for a writ of certiorari filed. (Response due September 22, 2022)
2022-05-17
Application (21A728) granted by Justice Barrett extending the time to file until August 19, 2022.
2022-05-13
Application (21A728) to extend the time to file a petition for a writ of certiorari from June 22, 2022 to August 19, 2022, submitted to Justice Barrett.

Attorneys

Daniel J. Van Linn
Andrew Timothy TuttArnold & Porter Kaye Scholer, Petitioner
Fourth Amendment Legal Scholars
Max Michel Carter-OberstoneOrrick, Herrington & Sutcliffe LLP, Amicus
State of Wisconsin
John W. KellisWisconsin Department of Justice, Respondent