No. 23-5475

Elmer Wayne Zahn v. United States

Lower Court: Eighth Circuit
Docketed: 2023-08-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: color-of-authority exclusionary-rule fourth-amendment gross-negligence police-misconduct probable-cause reckless-disregard warrant-database warrant-system
Key Terms:
CriminalProcedure Privacy
Latest Conference: 2023-10-06
Question Presented (from Petition)

When police threaten individual liberty of the
citizens whom they serve, lack responsibility to maintain
simply . the integrity of their warrant system database
because "We don't have the money or the time to be
reviewing the system, along with no safeguards in place
to prevent errors," and should this cause a Fourth
Amendment violation;

1. Does this police misconduct become a reckless
disregard of the -constitutional requirements
: of the citizens whom they serve?

2. Is this reckless, deliberate ,^intentional ,
or flagrant police misconduct towards
maintaining their own warrant system database
in which they totally depend upon for accuracy?

3. Does this become gross negligent police
misconduct considering the testimony given
"We don't have the money or the time to be
reviewing the system for errors."?

To what degree is the police misconduct if
police intentionally never informed the
defense that;

4. A. No active warrant ever existed for his
2019 arrest?

B. The police remained in the hotel room for
hours waiting on the search warrant in
2020 arrest?

5. To what degree is the police misconduct if
the police violated the State Law Statute
to make the 2019 arrest and is the officer
"under color of authority" to make an arrest?

6. To what degree is the misconduct if the
prosecutor failed to provide defense with
exculpatory evidence from Officer Chris
Gross which would show false or misleading
testimony made by Drug Investigator Wes
Graff in 2020 arrest?

7. Does the "Fruits of the Poisonous Tree"
doctrine protect an individual from arrest
in 2020, when the evidence of probable cause
originates from a suppressed unconstitutional
arrest in 2019?

What if police "Sit on the stash of drugs" alone
in a protected area awaiting the search warrant for
that area while handling possible evidence then questioning
a possible suspect about such evidence?

8. When exactly did the search begin, did the
search begin when police attempted to obtain
information?

9. If an officer is left alone in the protected
area to be searched how can one assume that
the evidence was not handled?

Question Presented (AI Summary)

Does police misconduct in maintaining an inaccurate warrant database violate the Fourth Amendment?

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-08
Waiver of right of respondent United States to respond filed.
2023-08-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2023)
2023-06-22
Application (22A1101) granted by Justice Kavanaugh extending the time to file until August 20, 2023.
2023-06-07
Application (22A1101) to extend the time to file a petition for a writ of certiorari from June 21, 2023 to August 20, 2023, submitted to Justice Kavanaugh.

Attorneys

Elmer Wayne Zahn
Elmer Wayne Zahn — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent