No. 23-7713

Calvin K. Wilson v. Florida

Lower Court: Florida
Docketed: 2024-06-13
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: exclusionary-rule false-statements fourth-amendment franks-v-delaware judicial-integrity law-enforcement probable-cause search-warrant
Latest Conference: 2024-12-13 (distributed 2 times)
Question Presented (from Petition)

The Fourth Amendment exclusionary Rule serves another vital function- the imperative of judicial integrity. In Franks u. Delaware , 438 U.S. at 186, 57 L.Ed 667, 98 S.Ct. 2674 (1978) the rules prime purpose is to deter future unlawful police conduct and thereby effectuate the guarantee of the Fourth Amendment against unreasonable search and seizure. United States v. Calandra, 414 U.S. at 347-348, 38 L.Ed. 2d 561, 94 S.Ct. 613 (1974).

Law enforcement officials violate the constitution if, in order to obtain a warrant, he perjures himself or testifies in reckless disregard of the truth, as the Franks court explained, when the 4th Amendment demands a factual showing sufficient to compromise "probable cause ", the obvious assumption is that there will be a truthful showing. See . Kelly v. Curtis, 21 F.3d 1544, 1555 (11th Cir. 1994), quoting Franks , 438 U.S. at 165-66, 98 S.Ct. 2674, 2681 57 L.Ed. 2d 667 (1978), U.S.C.A. 4 and 14,

\NOfiCQi evidence obtained by unlawful police conduct in violation of the Fourth and Fourteenth Amendment pursuant to an illegal warrant is by hypothesis relevant and admissible on the issue of guilt, the only purpose served as between the parties any judgment or order procured from any court by the practice of fraud //or deception may, in appropriate proceedings, be set aside at any time. Franks, at 186, 57 L.Ed. 2d 667, 98 S.Ct. 2674 (1978) quoting Calandra at 347 -348, 38 L.Ed. 2d. 561, 94 S.Ct. 613 (1974) U.S.C.A. 4 and 14.

Thus, U.S. Constitution prohibits law enforcement officials from making perjurous or reckless false statements in support of a warrant. Kelly v. Curtis, 21 F. 3d. 1544, 1555 (11th cir. 1994) quoting Franks v. Delaware, 438 U.S. at 156, 57 L.Ed. 2d 667, 98 S.Ct. 2674 (1978).

Information obtained in violation of the Fourth Amendment would invalidate search warrant if it proved critical to establishing probable cause. United States v. Karo, 468 U.S. 705, 719, 104 S.Ct. 3296, 82 L.Ed. 2d 530 (1984).

Information illegally obtained must be excised from warrant affidavit. United States v. Gillenwaters, 890 F.2d 679, 681-82 (4th Cir. 1989).

Question Presented (AI Summary)

Whether the Fourth Amendment exclusionary rule requires suppression of evidence obtained through a search warrant that was based in part on false statements made by law enforcement in reckless disregard of the truth

Docket Entries

2024-12-16
Rehearing DENIED.
2024-11-26
DISTRIBUTED for Conference of 12/13/2024.
2024-10-25
Petition for Rehearing filed.
2024-10-07
Petition DENIED.
2024-07-29
Waiver of Florida of right to respond submitted.
2024-07-29
Waiver of right of respondent Florida to respond filed.
2024-07-25
DISTRIBUTED for Conference of 9/30/2024.
2024-05-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2024)

Attorneys

Calvin K. Wilson
Calvin K. Wilson — Petitioner
Florida
Marilyn Frances MuirOffice of the Attorney General, State of Florida, Respondent