No. 24-851

Paul S. Osterman v. United States

Lower Court: Seventh Circuit
Docketed: 2025-02-11
Status: Denied
Type: Paid
Response Waived
Tags: affidavit-challenge franks-challenge law-enforcement-procedure omissions probable-cause search-warrant
Latest Conference: 2025-03-21
Question Presented (from Petition)

1. In the context of a Franks challenge, when evaluating whether an alleged omission was necessary to a finding of probable cause, may a court supplement the "hypothetical affidavit" or "corrected affidavit" with evidence beyond the alleged exculpatory omissions?

2. Does an officer show a reckless disregard for the truth by swearing to facts in the warrant affidavit that are contradicted by records within the officer's possession at the time the affidavit is sworn out?

Question Presented (AI Summary)

In the context of a Franks challenge, when evaluating whether an alleged omission was necessary to a finding of probable cause, may a court supplement the 'hypothetical affidavit' or 'corrected affidavit' with evidence beyond the alleged exculpatory omissions?

Docket Entries

2025-03-24
Petition DENIED.
2025-02-26
DISTRIBUTED for Conference of 3/21/2025.
2025-02-18
Waiver of United States of right to respond submitted.
2025-02-18
Waiver of right of respondent United States to respond filed.
2025-01-21
Petition for a writ of certiorari filed. (Response due March 13, 2025)

Attorneys

Paul S. Osterman
Bradley William NovreskeNovreske Law Office, LLC, Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent