No. 24-353

Elelake James Jefferson, Jr. v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2024-09-30
Status: Denied
Type: Paid
Tags: consent-doctrine fourth-amendment schneckloth-standard subjective-intent totality-of-circumstances warrantless-search
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2024-12-06
Question Presented (from Petition)

When an individual believes he is not consenting to a warrantless search and waiving his rights under the Fourth Amendment, and does not intend to consent to the search, how much significance and weight are courts to give to his subjective belief or intent in their assessment of the totality of the circumstances —which under Schneckloth v. Bustamonte, 412 U.S. 218 (1973), includes "the characteristics of the accused" —when his subjective belief or intent is consistent with and not contradicted by the objective indications around it?

Question Presented (AI Summary)

Whether a court should consider a defendant's subjective intent when assessing consent to a warrantless search under the totality of the circumstances test

Docket Entries

2024-12-09
Petition DENIED.
2024-11-13
DISTRIBUTED for Conference of 12/6/2024.
2024-09-26

Attorneys

Elelake James Jefferson, Jr.
Steve RiceSteve Rice Law, Petitioner