No. 23-7636

Russell Davis v. United States

Lower Court: Sixth Circuit
Docketed: 2024-06-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment exclusionary-rule fourth-amendment good-faith-exception law-enforcement probable-cause search-and-seizure sworn-testimony warrant-affidavit
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. Does the Leon good-faith exception apply to salvage a barebones
affidavit where at an evidentiary hearing conducted to establish a
record of sworn unrecorded facts provided to the magistrate to
establish probable cause, the magistrate testified that he cannot recall
any sworn unrecorded facts relayed, and the officer who applied for
the warrant testifies that he "thinks " he summarized "the entire case "
but cannot testify under oath to any specific fact relayed?

2. Does the Leon good-faith exception apply to salvage a barebones
affidavit where the magistrate who issued the warrant testifies under
oath that based on his longstanding perception of the credibility of
the officer who applied for the warrant, he accepts the accusations of
the officer to establish probable cause without independently
evaluating the credibility of the source of information provided by
the officer?

Question Presented (AI Summary)

Does the Leon good-faith exception apply to salvage a barebones affidavit?

Docket Entries

2024-10-07
Petition DENIED.
2024-06-20
DISTRIBUTED for Conference of 9/30/2024.
2024-06-14
Waiver of right of respondent United States to respond filed.
2024-05-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2024)
2024-04-09
Application (23A898) granted by Justice Kavanaugh extending the time to file until June 2, 2024.
2024-03-04
Application (23A898) to extend the time to file a petition for a writ of certiorari from April 3, 2024 to June 2, 2024, submitted to Justice Kavanaugh.

Attorneys

Russell Davis
Russell Davis — Petitioner
United States
Elizabeth B. Prelogar — Respondent