No. 23-5624

Charles M. Porter v. United States District Court for the Middle District of Florida

Lower Court: Eleventh Circuit
Docketed: 2023-09-21
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 4th-amendment civil-rights criminal-procedure due-process extraordinary-circumstances judicial-discretion law-enforcement probable-cause trial-court-error warrantless-arrest
Key Terms:
SocialSecurity Immigration
Latest Conference: 2024-03-01 (distributed 2 times)
Question Presented (from Petition)

The sole point of this petition is the fact that Petitioner was arrested without probable cause. Hence, therefore, the warrantless arrest was unlawful.

Point One
Whether the warrantless arrest is unlawful because the facts stated in the arrest affidavit was insufficient to establish probable cause?

Point Two
Whether the Trial Court abused its discretion by its departure from the essential requirements of the law in allowing additional time to find evidence of probable cause absent a showing of "Extraordinary Circumstances " by the State pursuant to Fla. R. Crim. P. Rule 3.133?

Point Three
Whether Trial Court erred in denying Defense Counsel 's request for Petitioner to be released on his own recognizance for lack of probable cause?

Question Presented (AI Summary)

Whether the warrantless arrest is unlawful due to insufficient probable cause

Docket Entries

2024-03-04
Rehearing DENIED.
2024-02-14
DISTRIBUTED for Conference of 3/1/2024.
2023-11-28
Petition for Rehearing filed.
2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-23
Waiver of right of respondent USDC MD Florida to respond filed.
2023-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2023)

Attorneys

Charles M. Porter
Charles M. Porter — Petitioner
USDC MD Florida
Douglas T. SquireOffice of the Attorney General, Respondent