No. 24-5757

Damian Cortez v. United States

Lower Court: First Circuit
Docketed: 2024-10-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split fourth-amendment franks-hearing offer-of-proof probable-cause search-warrant
Latest Conference: 2024-11-15
Question Presented (from Petition)

1. Whether this Petition Should Be Granted to Resolve a Conflict Between the Decision Below and Decisions of the Eighth, Ninth, and Tenth Circuits that Have Accepted Affidavits Submitted by Defense Counsel as an Appropriate Vehicle by Which to Present the Offer of Proof Required by Franks v. Delaware, 438 U.S. 154 (1978).

2. Whether the Decision Below Violated the Fourth Amendment and Created a Conflict with the Seventh Circuit and Franks by Requiring Petitioner to Disprove Factual Assertions Made by the Government in Opposition to the Franks Hearing Request.

3. Whether the Offer of Proof Provided by the Defendant Satisfied the Preliminary Showing Required by Franks.

Question Presented (AI Summary)

Whether a circuit split exists regarding the standard for presenting an offer of proof under Franks v. Delaware and the Fourth Amendment requirements for challenging a search warrant

Docket Entries

2024-11-18
Petition DENIED.
2024-10-31
DISTRIBUTED for Conference of 11/15/2024.
2024-10-25
Waiver of right of respondent United States to respond filed.
2024-10-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2024)

Attorneys

Damian Cortez
Sara E. SilvaSilva Kettlewell + Pignatelli LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent