No. 24-6637

Roger Moss v. United States

Lower Court: Tenth Circuit
Docketed: 2025-02-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure drug-trafficking fourth-amendment law-enforcement probable-cause search-warrant
Latest Conference: 2025-03-21
Question Presented (from Petition)

Courts generally recognize that probable cause to believe a person committed a crime does not alone establish probable cause to search their home. However, the courts are divided on how this principle applies when the suspected offense involves drug trafficking. For example, the Tenth Circuit has held that probable cause of drug trafficking necessarily establishes probable cause to search the suspect's home; the Eleventh Circuit has held that the affiant's opinion that drug-traffickers often have evidence in their home suffices; while the First Circuit has required specific facts in addition to the affiant's opinion to establish the requisite nexus.

Thus, the questions presented are:

1. Does probable cause to believe a person is engaged in a drug-trafficking offense per se establish probable cause to search their home?

2. If not, is the affiant's opinion that drug dealers often have evidence in their homes sufficient to establish probable cause?

Question Presented (AI Summary)

Does probable cause to believe a person is engaged in drug trafficking per se establish probable cause to search their home? If not, is the affiant's opinion that drug dealers often have evidence in their homes sufficient to establish probable cause?

Docket Entries

2025-03-24
Petition DENIED.
2025-03-06
DISTRIBUTED for Conference of 3/21/2025.
2025-03-03
Waiver of United States of right to respond submitted.
2025-03-03
Waiver of right of respondent United States to respond filed.
2025-02-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2025)

Attorneys

Roger Moss
Jacob Rasch-ChabotOffice of the Federal Public Defender, Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent