No. 23-7121

Basilio Hernandez v. United States

Lower Court: Second Circuit
Docketed: 2024-04-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: docket-procedure docket-sheet exclusionary-rule fourth-amendment good-faith-exception probable-cause search-and-seizure warrant warrant-requirement
Key Terms:
CriminalProcedure
Latest Conference: 2024-04-26
Question Presented (from Petition)

Did the court err in finding that the good faith exception to the exclusionary rule applied?

Should the docket sheet reflect all pleadings filed in a case, to alert the defense to the fact that the government has filed documents under seal, and to give the defense a sense of the nature of those documents, so that the defense can make a reasoned argument why it should have access to those sealed documents?

Question Presented (AI Summary)

Did the court err in finding that the good-faith-exception to the exclusionary-rule applied?

Docket Entries

2024-04-29
Petition DENIED.
2024-04-11
DISTRIBUTED for Conference of 4/26/2024.
2024-04-05
Waiver of right of respondent United States to respond filed.
2024-03-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 2, 2024)

Attorneys

Basilio Hernandez
Tina Schneider — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent