No. 23-7751

Montel Westley v. United States

Lower Court: Sixth Circuit
Docketed: 2024-06-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: affidavit civil-procedure-4th-amendment-search-warrant-affid due-process perjury protective-sweep search-warrant warrant-execution
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. GIVEN THE AFFIDAVIT FOR THE ORIGINAL SEARCH WARRANT FILED HEREIN ADMITTEDLY CONTAINED OUTRIGHT LIES REGARDING THE SOLE EVIDENCE THAT NEXUSED MONTEL WESTLEY TO THE RESIDENCE SEARCHED ( I.E., CERTAIN HOSPITAL DOCUMENTS THAT SUPPOSEDLY HAD BEEN MAILED TO HIM AT THAT ADDRESS), SO POSTURED COULD THE COURTS (BELOW WITH IMPUNITY), REFUSE TO RECKON WITH THE FACT OF THE ADMITTED PERJURY (INVOLVED AND SO) DESPITE THE FACT IT ALONE NEXUSED THE ACCUSED TO THE HOME AND DO THIS WITH IMPUNITY.

2. GIVEN THE FACT THAT OUR PETITIONER HERE WAS ARRESTED IN THE HALLWAY OF HIS HOTEL, INDEED AFTER HE HAD EXITED THE ROOM (TO SURRENDER), WHICH OCCURRED AFTER HIS BEING TOLD THEY HAD A WARRANT FOR HIS ARREST: CAN THE OFFICERS NONETHELESS THEN CONDUCT A PROTECT IVE SWEEP WITH IMPUNITY UNDER THESE CIRCUMSTANCES.

3. GIVEN THE AFFIDAVIT FOR THE SEARCH WARRANT (FOR THE RESIDENCE SEARCHED), WHICH CENTRALIZES CERTAIN DOCUMENTS SUPPOSEDLY MAILED TO OUR PETITIONER AT THAT, WHICH DOCUMENTS ALONE NEXUSED, OR CONNECTED, THE ACCUSED TO THE PREMISES AND DO THIS WITH IMPUNITY.

4. GIVEN THE FURTHER FACT THAT THE ACCUSED HAD ONCE -UPON -A-TIME ONLY BEEN SEEN IN THE VICINITY OF A PARTICULAR HOME AND, AFTERWARDS BE SEEN ENGAGING IN A SINGLE (INDEED ONE AND ONLY) SALE OF A VERY MINOR DRUG SALE: CAN THAT ACCUSED'S CHALLENGE TO BOTH THE ENT RY AND THE SEARCH (AS HAVING BEEN CONDUCTED IN AN UNCONNECTED MATTER), BE SUMMARILY REJECTED, AS IT WAS HERE, DESPITE THE AFFIANT'S ADMISSION HE LIED IN THE AFFIDAVIT?

5. WHERE, THE COURT, IN REVIEWING THE ISSUANCE OF A SEARCH WARRANT, PROPERLY EXCISES THE SINGLE MOST CRITICAL AVERMENT THEREIN, WHICH WAS ADMITTEDLY A FALSE (IN FACT, AN OUTRIGHT LIE): CAN THE COURT DO THIS WITH IMPUNITY - - AS WAS DONE HERE?

6. IF, AS WAS DONE HERE, A DIFFERENT AFFIANT, INDEED ON THE ARREST WARRANT, WHICH INCLUDED IN ITS AFFIDAVIT STATEMENTS THAT WERE OUTRIGHT LIES: CAN THE REVIEWING COURT SIMPLY EXCISE THE OFFENDING ALLEGATIONS AND PRESUME THE ISSUING COURT WOULD HAVE NONETHELES S ISSUED THE SEARCH WARRANT ANYWAY AS WAS EXPRESSLY DONE BY THIS COURT?

7. WHERE, IN DEFENDING A FEDERAL ARREST WARRANT AND A FEDERAL SEARCH WARRANT, THE GOVERNMENT WAS COMPELLED TO ADMIT THE CENTRAL AVERMENTS IN THOSE WARRANTS WERE OUTRIGHT LIES TOLD TO THE AFFIANT BY A LOCAL DUTY SHERIFF: VAN THE DISTRICT COURT IGNORE THOSE LIE S WITH IMPUNITY - -AS WAS DONE HERE?

8. GIVEN THE VARIOUS RESPONSES RENDERED BY

Question Presented (AI Summary)

Question not identified

Docket Entries

2024-10-07
Petition DENIED.
2024-06-27
DISTRIBUTED for Conference of 9/30/2024.
2024-06-25
Waiver of United States of right to respond submitted.
2024-06-25
Waiver of right of respondent United States to respond filed.
2024-05-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2024)
2024-01-26
Application (23A692) granted by Justice Kavanaugh extending the time to file until April 6, 2024.
2024-01-24
Application (23A692) to extend the time to file a petition for a writ of certiorari from February 6, 2024 to April 6, 2024, submitted to Justice Kavanaugh.

Attorneys

Montel Westley
James R WillisPrivate Practice, Petitioner
United States
Elizabeth B. Prelogar — Respondent