No. 24-6698

Joseph Smith v. United States

Lower Court: District of Columbia
Docketed: 2025-03-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-challenge cross-section-challenge duren-test fourth-amendment jury-selection systemic-exclusion
Latest Conference: 2025-04-17
Question Presented (from Petition)

1.) What is the proper test to determine a cross-section challenge under the Duren 1s second prong. And, how to resolve if intertwined within the 'systemic exclusion' of the third prong?external factors ' are

2.) Whether or not, allowing the executing law-enforcement officers to enlarge the probable cause, search and seize, based on :
(a) What they are armed with the knowledge of ;
(b) that are net presented to the issuing authority ; and
(c) their interpretation of the Statutes, and not of the issuing authority
over-breadth' or 'particularity' concerns of the Fourth;
implicates the
Amendment?

3.) Whether or not a district court retain discretion to sequester a witness, irrespective of a party's attempt to designate, once an appropriate record is developed by the parties?

Question Presented (AI Summary)

What is the proper test to determine a cross-section challenge under the Duren second prong, and how to resolve if intertwined within the 'systemic exclusion' of the third prong?

Docket Entries

2025-04-21
Petition DENIED.
2025-03-27
DISTRIBUTED for Conference of 4/17/2025.
2025-03-20
Waiver of right of respondent United States to respond filed.
2025-01-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2025)

Attorneys

Joseph Smith
Joseph Smith — Petitioner
United States
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent