No. 22-5286

Jesse James Palato v. Dwayne Hamilton, et al.

Lower Court: Ninth Circuit
Docketed: 2022-08-05
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 4th-amendment anonymous-messages anonymous-messaging certificate-of-appealability fourth-amendment probable-cause search-and-seizure social-media
Latest Conference: 2023-01-06 (distributed 2 times)
Question Presented (from Petition)

1. WHAT IS THE PROBABLE CAUSE TO ARREST SOMEONE FOR ALLEGEDLY SENDING TWO ANONYMOUS
MESSAGES FROM TWO DIFFERENT SOCIAL MEDIA PLATFORMS WHICH WAS NEITHER CONNECTED TO
ME OR FOUND ON ANY OF MY DEVICES UPON SEARCH WHICH UPON READING THEM NO ONE COULD
ASCERTAIN WHO THE SENDER MIGHT BE?

2. DID THE ARREST AND SUBSEQUENT SEARCH OF MY DEVICES FOR COUNT 1 BY THE MONROVIA POLICE
DEPARTMENT FOR ALLEGEDLY SENDING MESSAGES FROM 2 DIFFERENT SOCIAL MEDIA PLATFORMS,
THAT NEITHER WAS FOUND ON ANY OF MY DEVICES OR CONNECTED TO ME WHATSOEVER AND NOT
BASED ON FACTS VIOLATE THE FOURTH AMENDMENT?

3. WAS A CERTIFICATE OF APPEALABILITY WRONGLY DENIED, EFFECTIVE HOLDING THAT THE DISTRICT'S
COURT JUDGMENT WAS " NOT EVEN DEBATABLE"? BUCK V. DAVIS, 137 S. CT. 759-774 (2017)

4. DID THE 9th CIRCUIT'S UNREASONEDDENIAL SO CLEARLY MISAPPLY BUCK'S MODEST STANDARD AS TO
CALL FOR SUMMARY REVERSAL?

Question Presented (AI Summary)

probable-cause,anonymous-messages,social-media,4th-amendment,search-and-seizure,certificate-of-appealability

Docket Entries

2023-01-09
Rehearing DENIED.
2022-12-07
DISTRIBUTED for Conference of 1/6/2023.
2022-10-28
Petition for Rehearing filed.
2022-10-03
Petition DENIED.
2022-09-08
DISTRIBUTED for Conference of 9/28/2022.
2022-08-31
Waiver of right of respondent Dwayne Hamilton to respond filed.
2022-07-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2022)
2022-04-20
Application (21A629) granted by Justice Kagan extending the time to file until July 30, 2022.
2022-04-07
Application (21A629) to extend the time to file a petition for a writ of certiorari from May 31, 2022 to July 30, 2022, submitted to Justice Kagan.

Attorneys

Dwayne Hamilton
Julie Ann HarrisOffice of the Attorney General, Respondent
Jesse J. Palato
Jesse James Palato — Petitioner