Ismael Bimbow v. United States
FourthAmendment DueProcess CriminalProcedure Privacy JusticiabilityDoctri
1. Did the District Court err in refusing to conduct an evidentiary hearing to determine the legality of the warrantless entry into Petitioner's apartment and then failing to rule on the legality of the warrantless entry.
2. Did the Second Circuit err in concluding that the Independent Source Doctrine applied to sustain the issuance of a search warrant when the Court below neither conducted an evidentiary hearing nor made any findings to establish its application.
Did the District Court err in refusing to conduct an evidentiary hearing to determine the legality of the warrantless entry into Petitioner's apartment, and did the Second Circuit err in applying the Independent Source Doctrine without an evidentiary hearing or specific findings?