Probable-Cause

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-981 Kyler Newby v. Gabriel J. Bassford Ninth Circuit 2026-02-19 Pending false-arrest first-amendment fourth-amendment probable-cause qualified-immunity retaliatory-arrest The question presented is whether a police officer is entitled to qualified immunity from a retaliatory arrest claim when the officer could have reaso…
25-6820 Troy LaFrost Decker v. Oklahoma Oklahoma 2026-02-13 Pending IFP due-process-clause fourth-amendment ineffective-assistance-of-counsel probable-cause sixth-amendment warrant-issuance Whether a state court's failure to address a pro se pre-trial motion raising violations of mandatory warrant issuance and probable cause determination…
25-6799 Salena Nicole Glenn v. Erin Maldonado, Warden Sixth Circuit 2026-02-12 Pending Response WaivedIFP constitutional-rights due-process fourth-amendment probable-cause unreasonable-seizure warrantless-search 1. Does the warrantless seizure, arrest, and no search warrant of a legally parked vehicle occupant-without probable cause or reasonable suspicion! vi…
25-6766 Eric Joshua Mapes v. United States District Court for the Western District of Texas Fifth Circuit 2026-02-10 Pending IFP arrest-warrant due-process fourteenth-amendment fourth-amendment judicial-oversight probable-cause 1. Police Complaint as Arrest Warrant Whether a notarized police-authored criminal complaint, executed without judicial oversight and misrepresented a…
25A895 Charles Kakembo Sessanga v. City of DeSoto Police Department, et al. Fifth Circuit 2026-02-06 Application civil-rights criminal-prosecution malicious-prosecution pro-se-plaintiff probable-cause section-1983 Question not identified. The provided text is an Application for Extension of Time to File Petition for a Writ of Certiorari and includes the Fifth C…
25-6753 Michael Sharpe v. Connecticut Connecticut 2026-02-06 Pending Response WaivedIFP biological-material dna-analysis fourth-amendment identification-profiling probable-cause warrantless-search Whether the Fourth Amendment allows the government, without a warrant or probable cause, to (1) extract and (2) analyze DNA from biological material i…
25-6752 Jerome Moore v. Texas Texas 2026-02-06 Pending IFP criminal-procedure digital-privacy electronic-device fourth-amendment probable-cause search-warrant Does a search warrant need to allege specific facts about a defendant's electronic device and his use of that device--and not merely allege facts abou…
25-6721 Palma Jefferson, Jr. v. United States Fifth Circuit 2026-02-04 Pending Response WaivedIFP constitutional-challenge fourth-amendment judicial-review probable-cause search-and-seizure warrant-defect I. Fourth Amendment: Warrant and Entry Defects 1. Whether the Fourth Amendment's probable cause requirement is satisfied when a search warrant issues…
25-6694 Donny Ray Moreno v. United States Ninth Circuit 2026-02-03 Pending Response WaivedIFP confidential-informant law-enforcement materiality probable-cause reckless-omission search-warrant 1. Whether the "materiality " prong of Franks v. Delaware, 438 U.S. 154 (1978), is satisfied when a search warrant affidavit recklessly omits a confid…
25-6686 Ricardo Nellons v. Thomas Gee, Superintendent, Cayuga Correctional Facility Second Circuit 2026-02-02 Pending Response WaivedIFP darden-hearing due-process fourth-amendment ineffective-counsel probable-cause warrant-requirements The New York Courts ' requirements for establishing probable cause are not adhered to in the case at bar. When probable cause is totally reliant on …
25-894 Abiel Brathwaite v. Anthony Georgiades, Police Officer, Maryland Transportation Authority, et al. Fourth Circuit 2026-01-29 Pending civil-rights fourth-amendment pleading-standards pro-se-litigation probable-cause section-1983 In §1983 claims for unconstitutional false arrest (a Fourth Amendment violation), the existence of probable cause is often treated as an absolute defe…
25-6665 Tra'ven Boyer-Letlow v. United States Sixth Circuit 2026-01-29 Pending Response WaivedIFP arrest-seizure constitutional-violations criminal-procedure due-process miranda-rights probable-cause 1. Given the absence of probable cause to arrest here, and/or the right to seize, and/or the right to shackle here (and detain and the like, as was do…
25-6635 Jose Amaury Sanchez-Jimenez v. United States, et al. First Circuit 2026-01-21 Pending Response WaivedIFP criminal-procedure federal-tort-claims-act fourth-amendment malicious-prosecution probable-cause superseding-indictment A. Chiaverini v. City of Napoleon, 602 U.S. 556 (2024) held that the presence of probable cause for one charge in a criminal proceeding does not categ…
25-6564 Ambreia Washington v. Tennessee Tennessee 2026-01-13 Pending Response WaivedIFP fifth-amendment fourth-amendment plain-view-exception probable-cause self-incrimination warrantless-seizure Whether information obtained in violation of the Fifth Amendment's Self-Incrimination Clause can establish the probable cause necessary to authorize a…
25-6565 Jaison L. Coleman v. United States Seventh Circuit 2026-01-13 Pending Response WaivedIFP consent-search fourth-amendment police-entry probable-cause scope-of-consent warrant-exception 1 Having already expressly denied consent for police to enter the residence, does the occupant's "okay" in response to the officer's statement that po…
25-6548 Nathan Cooper v. Rhode Island Rhode Island 2026-01-12 Pending Response WaivedIFP emergency-aid-exception fourth-amendment home-entry law-enforcement probable-cause search-warrant This case presents an issue identical to that in Case v. Montana, No. 24-624, currently before this Court, i.e., whether law enforcement may enter a h…
25-6535 James Eric Larremore v. United States Fifth Circuit 2026-01-09 Pending IFP fourth-amendment law-enforcement-interaction probable-cause reasonable-person-standard seizure traffic-stop Whether the deputy's instruction to "hang on a sec," particularly in context, communicated to a reasonable person in Larremore's position that he was …
25-797 Steven J. Hecke v. United States Seventh Circuit 2026-01-07 Pending Response Waived affidavit-omissions criminal-procedure fourth-amendment franks-hearing probable-cause search-warrant 1. Whether, and how, Franks applies to material information that is omitted from a search warrant affidavit. 2. Whether omissions from a search warra…
25-774 Eric Tyrell Johnson v. United States Fourth Circuit 2026-01-02 Pending Amici (7) drug-detection fourth-amendment home-privacy law-enforcement probable-cause warrantless-search "[W]hen it comes to the Fourth Amendment, the home is first among equals." Florida v. Jardines, 569 U.S. 1, 6 (2013). As this Court has repeatedly str…
25-773 Joseph John Slack v. Robert McHugh, et al. Third Circuit 2025-12-31 Pending Response Waived criminal-procedure felony-charges grand-jury pennsylvania-law probable-cause statewide-investigation Whether the presentment of a statewide investigating grand jury in the Commonwealth of Pennsylvania constitutes prima facie evidence of probable cause…
25A745 Abiel Brathwaite v. Anthony Georgiades, Police Officer, Maryland Transportation Authority, et al. Fourth Circuit 2025-12-23 Application circuit-split false-arrest fourth-amendment pro-se probable-cause section-1983 Question not identified.
25-6366 Jarrett Howard v. United States Sixth Circuit 2025-12-15 Denied Response WaivedIFP confidential-informant criminal-procedure fentanyl heroin probable-cause search-warrant I. Did probable cause exist to issue a search warrant when the affidavit for the warrant did not say when the confidential informant saw heroin and fe…
25-6348 Mounir Mrabet v. United States Second Circuit 2025-12-12 Denied Response WaivedIFP consent fourth-amendment government-action probable-cause search-and-seizure warrantless-search Can 4L. G&vermen4 <^o iw+o mu ZCclo^J Accent om4 m j consent -4han ase -iKd' cxaatnst m v^^rr^n
25-687 Richard Eugene Bryant, aka Ritshard Anu Bey v. Mark S. Braunlich, Judge, 38th Circuit Court of Michigan, Monroe County, et al. Sixth Circuit 2025-12-12 Pending Response Waived color-of-law constitutional-rights due-process fourth-amendment jurisdiction probable-cause 1. What is the nature and the cause of action for Mark Braunlich to issue a warrant on June 11, 2019, and to issue a license suspension on February 13…
25-688 Veronica W. Ogunsula v. Michael Warrenfeltz Fourth Circuit 2025-12-12 Pending law-enforcement pro-se-litigation probable-cause qualified-immunity reasonable-suspicion traffic-violation 1. Does a police officer observing an undisputed legal act(s) or something that is not illegal, without more, provide probable cause or a reasonable i…
25-6326 Eric Lebron Burney v. United States Sixth Circuit 2025-12-09 Denied Response WaivedIFP controlled-substance fourth-amendment law-enforcement marijuana probable-cause search-and-seizure By April of 2019 both the state of Tennessee and the federal government excluded low-THC (delta-9 tetrahydrocannabinol) marijuana from the definition …
25-6312 Fred Baskin v. Massachusetts Massachusetts 2025-12-08 Denied Response WaivedIFP arrest evidence-suppression fourth-amendment probable-cause search-and-seizure warrantless-search I. Whether the Fourt h Amendment is violated and requires suppression of evidence, when the police conduct a warrantless search of the arrestee's ba…
25-6310 Miguel Rafael Rayos, Jr. v. United States Fifth Circuit 2025-12-08 Denied Response WaivedIFP bare-bones-affidavit circuit-split exclusionary-rule good-faith-exception probable-cause search-warrant I. In United States v. Leon, this Court announced a good-faith exception to the exclusionary rule. 468 U.S. 897, 922-23 (1984). "[T]he marginal or non…
25-6265 Rodney Hamilton Higgins, Jr. v. United States Sixth Circuit 2025-12-02 Denied Response WaivedIFP criminal-procedure drug-trafficking evidence-preservation fourth-amendment probable-cause search-warrant 1. Whether the Fourth Amendment requires more than a defendant's status as a drug dealer and residential address to establish probable cause for a sea…
25-6242 Willie Frank Gordon v. United States Eleventh Circuit 2025-11-25 Denied Response WaivedIFP fourth-amendment inventory-search investigative-search law-enforcement-procedure probable-cause vehicle-seizure 1. Sheriff's deputies suspected a driver had drugs, stopped him, and wanted to search his car to find them. Only when their attempt to establish proba…
25-583 Rodney Towe v. Georgia Georgia 2025-11-17 Denied criminal-procedure fourth-amendment law-enforcement probable-cause reasonable-suspicion terry-stop Whether lawful, commonplace conduct that law abiding citizens routinely engage in can establish reasonable suspicion because it occurs near an expecte…
25-5984 Richard Vandale Clowney v. Walker Miller, et al. Fourth Circuit 2025-10-29 Denied IFP constitutional-rights fourth-amendment law-enforcement probable-cause search-and-seizure warrant-requirement Whether A Magistrate Issuing Search Warrants And Arrest Warrants At A Law Enforcement Center In Violation Of The Fourth Amendment Neutral And Detached…
25A463 David Quarles v. United States Eleventh Circuit 2025-10-23 Presumed Complete border-search cellphone-search electronic-device fourth-amendment law-enforcement probable-cause Question not identified.
25-5939 Michael Georgie Carson v. Michigan Michigan 2025-10-22 Denied IFP criminal-procedure fourth-amendment ineffective-assistance probable-cause search-warrant sixth-amendment DOES THE MICHIGAN SUPREME COURT'S DECISION CONFLICT WITH THE U.S. SUPREME COURT'S CASELAW, WHEN THEY OVERTURNED THE MICHIGAN COURT OF APPEALS FINDING …
25-5883 Leonard James Tate v. United States Eighth Circuit 2025-10-15 Denied Response WaivedIFP fourth-amendment hotel-search law-enforcement marijuana-search probable-cause scent-tracking Whether a law enforcement officer's untrained and uncorroborated tracking of marijuana odor through a multiunit hotel, without canine assistance or in…
25-454 Ismael Bimbow v. United States Second Circuit 2025-10-15 Denied Response Waived fourth-amendment independent-source-doctrine probable-cause search-warrant suppression-hearing warrantless-entry 1. Did the District Court err in refusing to conduct an evidentiary hearing to determine the legality of the warrantless entry into Petitioner's apart…
25-5782 In Re Ramsey E. Clayter 2025-10-02 Denied IFP due-process ineffective-assistance involuntary-servitude probable-cause sixth-amendment subject-matter-jurisdiction 1. Whether court-appointed, counsel rendered ineffective assistance under the Sixth Amendment where counsel (a) sought to secure a guilty plea agains…
25A370 Eric Lebron Burney v. United States Sixth Circuit 2025-09-30 Presumed Complete cannabis fourth-amendment plain-smell-doctrine probable-cause reasonable-suspicion search-and-seizure Whether the "plain smell doctrine" remains valid when applied to cannabis today, because the odor of cannabis no longer plainly identifies an illegal …
25-5727 Aaron Smith v. Illinois Illinois 2025-09-25 Denied IFP arrest-warrant constitutional-violation due-process investigative-alert law-enforcement-procedure probable-cause Does the city of Chicago, Illinois violate the Constitution by using an investigative alert opposed to a proper warrant when there is no exigent circu…
25-5673 Daquon Rollo Corrothers v. North Carolina North Carolina 2025-09-18 Denied Response WaivedIFP curtilage fourth-amendment ineffective-assistance probable-cause search-and-seizure warrant The first Question Presented is whether the Fourth Amendment protects a citizen from a search of the curtilage surrounding his home, when that search …
25A293 Martin Renteria v. United States Fifth Circuit 2025-09-15 Presumed Complete arrest-warrant criminal-procedure ineffective-assistance probable-cause search-warrant sixth-amendment Question not identified.
25A291 Brycen Dennis Scofield v. Oregon Oregon 2025-09-12 Presumed Complete emergency-aid-exception exigent-circumstances fourth-amendment probable-cause search-and-seizure warrantless-search Question not identified.
25A242 Aaron Rayshan Wells v. Texas Texas 2025-08-29 Presumed Complete digital-privacy fourth-amendment geofence-warrant location-tracking probable-cause search-and-seizure Question not identified.
25A221 Wesley Mark Sudbury v. United States Ninth Circuit 2025-08-26 Presumed Complete confidential-informant criminal-discovery electronic-surveillance fourth-amendment probable-cause warrantless-surveillance Question not identified.
25-5431 Jason Cornell Matlock v. Indiana Indiana 2025-08-22 Denied Response WaivedIFP drug-investigation fourth-amendment probable-cause reasonable-inference search-warrant surveillance Under the Fourth Amendment, is there a sufficient nexus to support probable cause to search a citizen's house when a drug dealer briefly parks near th…
25-5413 Raymond Ronald Jennings v. United States Fourth Circuit 2025-08-20 Denied Response WaivedIFP fourth-amendment good-faith-exception informant-credibility probable-cause reckless-disregard search-warrant Did the officer omit from his probable cause affidavit information concerning the two informant's credibility that could infer reckless disregard for …
25-5406 Malgum Whiteside, Jr. v. United States Sixth Circuit 2025-08-19 Denied Response WaivedIFP criminal-procedure evidence-suppression fourth-amendment law-enforcement probable-cause search-warrant I. Mr. Whiteside moved to suppress the evidence related to the firearms because the affidavit did not establish a nexus. Did the district court improp…
25-194 Dianna E. Webb v. City of Westminster, California, et al. California 2025-08-18 Denied Response Waived fourth-amendment health-and-safety-code probable-cause search-and-seizure standing warrant-requirement 1. Whether or not forcible and unauthorized entry pursuant to Cal. Health & Safety Code § 17980.7, and obtaining evidence to use is in pseudocriminal …
25A184 Ronald Smith v. Bexar County, Texas, et al. Fifth Circuit 2025-08-14 Presumed Complete fourth-amendment mental-health-detention probable-cause seizure traffic-stop warrantless-search Question not identified.
25-5330 Raymond Dugan v. United States Fourth Circuit 2025-08-12 Denied Response WaivedRelisted (2)IFP constitutional-protections fourth-circuit joint-venture law-enforcement probable-cause search-warrant 1. Did the Fourth Circuit Court of Appeals construe the "Joint-Venture " doctrine too narrowly to comply with constitutional protections? 2. Should t…
25-5309 Tedor Davido v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2025-08-08 Pending IFP criminal-procedure due-process false-testimony probable-cause self-representation warrant-exception 1. In light of this Court's recent grant of certiorari in Case v. Montana to resolve the question of whether the emergency aid exception to the warran…
25-5300 In Re Onofre Serrano 2025-08-07 Denied IFP brady-violation constitutional-rights due-process evidence-suppression ninth-circuit probable-cause 1. Whether the Ninth Circuit arbitrarily concluded that Petitioner has not made a substantial showing of the denial of a Constitutional right? 2. Whe…
25-5273 Jordan Padilla v. New Mexico New Mexico 2025-08-05 Denied Response WaivedIFP due-process fourth-amendment law-enforcement probable-cause search-and-seizure warrant-requirement Whether law enforcement officials violated Petitioner's Right to Due Process when they seized his personal tablet device and held it for 19 days due t…
25A148 Harry Barnett v. City of Chicago, Illinois, et al. Seventh Circuit 2025-08-05 Presumed Complete fourth-amendment malicious-prosecution probable-cause property-seizure section-1983 warrantless-arrest Question not identified.
25-124 Theresa Maria Laws v. Borough of Lansdale, Pennsylvania, et al. Third Circuit 2025-07-31 Denied Response Waived fourteenth-amendment incorporation-doctrine malicious-prosecution monell-claim probable-cause section-1983 1. Whether lack of probable cause as an element of malicious prosecution under 42 U.S.C. § 1983 is a factual question for the jury? 2. Whether dism…
25-112 Okello T. Chatrie v. United States Fourth Circuit 2025-07-30 Granted Amici (2)Relisted (2) cell-phone-privacy exclusionary-rule fourth-amendment geofence-warrant law-enforcement-search probable-cause 1. Whether the execution of the geofence warrant violated the Fourth Amendment. 2. Whether the exclusionary rule should apply to the evidence derived…
25A63 District of Columbia v. R.W. District of Columbia 2025-07-16 Presumed Complete fourth-amendment investigative-stop probable-cause reasonable-suspicion terry-stop totality-of-circumstances 1. This case involves an important question regarding the constitutional standard for a police officer to conduct an investigative stop. It is well es…
25A55 Dawn Eagle Feather Floyd v. United States Eighth Circuit 2025-07-14 Presumed Complete drug-offenses fourth-amendment probable-cause search-warrant standing suppression-motion Question not identified.
25-5077 In Re Deryl Nelson 2025-07-10 Dismissed Relisted (3)IFP arrest-warrant complaint-validity fourth-amendment ineffective-assistance judicial-hearing probable-cause The magistrate issued an arrest warrant without probable cause based on a complaint that was not sworn to but instead signed by an unknown person func…
25-5047 Michael Francis v. United States First Circuit 2025-07-08 Denied Response WaivedIFP fourth-amendment informant-reliability judicial-integrity law-enforcement-misconduct probable-cause search-warrant Were Petitioner's Fourth Amendment rights violated when an FBI Agent, acting on information from an informant, obtained a search warrant for Petitione…
25-5020 Dan L. Bozeman v. James R. Schiebner, Warden Sixth Circuit 2025-07-02 Denied Response WaivedIFP due-process fourth-amendment ineffective-assistance probable-cause stone-v-powell warrantless-arrest Is A Defendant Considered To Be Given A Full And Fair Consideration Of A 4th Amendment Claim At Both "Trial" And "Direct Appeal" As Required By Stone …
24-7466 Patrick Joseph Duncan, Jr. v. United States Ninth Circuit 2025-06-18 Denied Response WaivedIFP criminal-procedure fourth-amendment law-enforcement probable-cause search-and-seizure state-law When determining whether law enforcement's stop of a suspect was lawful under the Fourth Amendment, may federal courts use state law – in this case, C…
24-7465 Nikky Nicole Lujan v. United States Fifth Circuit 2025-06-18 Denied Response WaivedIFP fourth-amendment investigative-detention law-enforcement-questioning probable-cause reasonable-suspicion traffic-stop In Rodrig uez v. United S tates, 575 U.S. 348, 354 (2015) , this Court held that an officer needs reasonable suspicion to prolong a traffic stop beyon…
24-1244 David A. McMaster, Jr. v. Pennsylvania Pennsylvania 2025-06-05 Denied Response RequestedResponse WaivedRelisted (2) emergency-aid-exception fourth-amendment law-enforcement-search probable-cause protective-sweep-doctrine warrantless-entry Whether it is an improper expansion of the "emergency aid exception" and/or "protective sweep doctrine" to authorize a warrantless entry into a home w…
24-7277 Derek Michael Mims v. United States Eighth Circuit 2025-05-22 Denied Response WaivedIFP evidence-suppression judicial-review motion-to-suppress probable-cause warrant-validity wiretap-application Whether a district court judge who makes probable cause and necessity findings in connection with a wiretap application may later review its own findi…
24A1119 Curtis Levar Wells, Jr. v. Javier Fuentes, et al. Fourth Circuit 2025-05-20 Presumed Complete consent fourth-amendment inventory-search probable-cause qualified-immunity search-and-seizure Question not identified.
24-7247 Tamika Seay v. Department of Justice, et al. Eleventh Circuit 2025-05-20 Denied Response WaivedIFP due-process fifth-amendment fourteenth-amendment plain-error probable-cause substantive-rights 1. What do the litigant and accused do when the state court and the appellant court says two different things? 2. Whether procedures the United State…
24-7229 DeAndre Jackson v. United States Third Circuit 2025-05-16 Denied Response WaivedIFP criminal-procedure fourth-amendment law-enforcement probable-cause reasonable-suspicion traffic-stop WHETHER the Third Circuit's ruling that an officer's mere suspicion of a suspects dangerousness absent any additional facts supports an arrest rather …
24-7219 Martin Devalois v. United States Seventh Circuit 2025-05-15 Denied Response WaivedIFP drug-dog fourth-amendment law-enforcement probable-cause search-and-seizure traffic-stop 1.Does a law enforcement officer violate the Fourth Amendment to the Constitution when he has every thing he needs to complete a traffic stop and fini…
24-7213 Edward Magruder v. United States District of Columbia 2025-05-15 Denied Response WaivedIFP constitutional-law criminal-procedure fourth-amendment probable-cause search-incident-to-arrest warrantless-search Federal agents found heroin during a warrantless search of a backpack that they seized from Petitioner as he exited a bus. Agents then arrested Petiti…
24-7073 I. M. v. Illinois Illinois 2025-04-24 Denied Relisted (2)IFP confinement constitutional-rights due-process habeas-corpus mental-health-code probable-cause The Illinois mental health and developmental disability code should be held unconstitutional as to violate habeas corpus doctrine and individual Const…
24-1093 Ashlee Marie Mumford v. Iowa Iowa 2025-04-21 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) dog-sniff fourth-amendment law-enforcement probable-cause search-and-seizure vehicle-search Whether a dog sniff of the interior of a lawfully stopped vehicle violates the Fourth Amendment absent consent to the sniff or probable cause to belie…
24-7028 Jeffrey Bowers v. Illinois Illinois 2025-04-17 Denied IFP constitutional-rights fourth-amendment identification-procedure lineup-suppression probable-cause sixth-amendment 1. Whether the suppression of identification was warranted on the grounds that the defendant did not recieve a timely post arrest determination for p…
24-7005 Alsham M. Laster v. Indiana Indiana 2025-04-16 Denied Response WaivedIFP criminal-procedure evidence-seizure fourth-amendment law-enforcement probable-cause warrantless-search Whether the warrantless seizure of Alsham Laster's phone, during a murder investigation, violated the Fourth Amendment when: (i) police did not have p…
24-6998 Eric Ellis v. City of White Settlement, Texas, et al. Fifth Circuit 2025-04-15 Denied Response WaivedIFP fourth-amendment passenger-arrest probable-cause traffic-stop unreasonable-seizure warrantless-seizure 1. Whether the warrantless seizure of a suspect 's children without probable cause during a traffic stop violates the Fourth Amendment. 2. Whether a…
24-6987 Cornelius Mayberry v. United States Fourth Circuit 2025-04-14 Denied Response WaivedIFP arrest-procedure fourth-amendment informant-testimony probable-cause search-and-seizure warrantless-search 1. Does a warrantless search and seizure of a closed container belonging to Petitioner violate the Fourth Amendment where there is not clear and unequ…
24-6978 Adam Douglas Sherwood v. United States Tenth Circuit 2025-04-14 Denied Response WaivedIFP fourth-amendment investigative-detention probable-cause terry-stop vehicle-search warrantless-search Under Terry and its progeny, the police may stop and briefly detain a person driving in a motor vehicle for investigative purposes if the officer has …
24-6929 Michael James Carson v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-04-04 Denied IFP custodial-interrogation due-process fourteenth-amendment fourth-amendment illegal-seizure probable-cause 1. ) Did the lower courts erroneously failed to acknowledge and apply the correct laws and facts surrounding Petitioners circumstances during his cus…
24-6790 Saul Douglas Briggs v. United States Sixth Circuit 2025-03-18 Denied Response WaivedIFP criminal-procedure fourth-amendment good-faith-exception probable-cause search-warrant sixth-circuit 1. Whether this Honorable Court should grant certiorari to review whether the Sixth Circuit's determination that the good faith exception applies to t…
24-988 Jorge Vasquez v. Superior Court of California, Tulare County, et al. California 2025-03-17 Denied Response Waived exclusionary-rule fourth-amendment good-faith-exception law-enforcement probable-cause search-warrant Can law enforcement's failure to state any facts whatsoever to establish probable cause to believe that there was evidence of a crime or contraband at…
24-6715 Robert Keshaun Turner v. United States Fourth Circuit 2025-03-06 Denied Response WaivedIFP fourth-amendment probable-cause reasonable-belief search-incident-to-arrest vehicle-search warrant-exception Whether the Fourth Circuit's application of the vehicle search incident-to-arrest exception to the warrant requirement resolved the meaning of "reason…
24-6637 Roger Moss v. United States Tenth Circuit 2025-02-25 Denied Response WaivedIFP criminal-procedure drug-trafficking fourth-amendment law-enforcement probable-cause search-warrant Courts generally recognize that probable cause to believe a person committed a crime does not alone establish probable cause to search their home. How…
24-6597 Steven Matthew Boas v. Jason Graves, et al. Fourth Circuit 2025-02-20 Denied IFP civil-liberties constitutional-rights emergency-powers fourth-amendment law-enforcement probable-cause 1. Whether probable cause exists during a stay at home order, when an officer sees someone exiting a grocery store and instead of walking directly hom…
24-863 Wanda L. Edwards v. South Dakota South Dakota 2025-02-12 Denied fourth-amendment passenger-rights probable-cause search-warrant traffic-stop vehicle-search When police officers have probable cause to believe that a stopped car contains contraband, they may search containers in the car, including a purse s…
24-851 Paul S. Osterman v. United States Seventh Circuit 2025-02-11 Denied Response Waived affidavit-challenge franks-challenge law-enforcement-procedure omissions probable-cause search-warrant 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 supplem…
24-6537 Shaborn Washington v. United States Eleventh Circuit 2025-02-11 Denied Response WaivedIFP exclusionary-rule fourth-amendment motion-to-suppress probable-cause search-and-seizure warrantless-search 1. Whether it was error for the Eleventh Circuit to uphold the district court's order denying Petitioner's Motion to Suppress items obtained through a…
24-846 Marc M. Susselman v. Washtenaw County Sheriff's Office, et al. Sixth Circuit 2025-02-07 Denied Response Waived civil-rights due-process first-amendment probable-cause rule-12b6 substantive-due-process 1. Whether the Sixth Circuit Court of Appeals violated Petitioner's right to due process under the Fourteenth Amendment by failing to adhere to the st…
24-6499 Michael J. Baniel v. United States Fifth Circuit 2025-02-07 Denied Response WaivedIFP fourth-amendment narcotics-investigation probable-cause reasonable-suspicion traffic-stop warrantless-search Whether Trooper Colton Derrick unreasonably extended Mr. Michael J. Baniel's traffic stop, that was preceded by and subjugated to a narcotics investig…
24-6492 Rufus Young v. Florida Eleventh Circuit 2025-02-06 Denied Response WaivedIFP de-novo-review evidentiary-hearing habeas-corpus ineffective-assistance mandamus-petition probable-cause Does a district court abuse its discretion when it denies a habeas petitioner an evidentiary hearing where the state record remains undeveloped, where…
24-6458 David C. Lettieri v. Federal Bureau of Investigation Second Circuit 2025-02-03 Denied IFP abuse-of-process constitutional-rights due-process false-arrest grand-jury probable-cause 1. When a grand jury claims no probable cause is it an undisputed fact on a false arrest? 2. Can Due Process of law be affected by flase arrest" 3. …
24-6424 Terrance L. Clopton v. Illinois Illinois 2025-01-30 Denied Response WaivedIFP constitutional-rights criminal-procedure evidence-tampering false-affidavit probable-cause warrantless-search irikA??e.A\ aFW :TnIFoRfvA(STU£_ k??A\k\€L C®oMe\ To RknS>B XdFFF^l'/e_ CxdTv^TriAl CooAs^i Fd£ FA vW^T d xVU\WlOo Twe_\/eR{\<iiW ofTw£_ \AlAReAd\ A…
24-6423 Davonte Laron Chaney v. United States Tenth Circuit 2025-01-30 Denied Response WaivedIFP affidavit false-statements fourth-amendment materiality probable-cause search-warrant 1. DID THE SEARCH WARRANT AFFIDAVIT ESTABLISH PROBABLE CAUSE WHEN THE AFFIANT MADE MATERIALLY FALSE STATEMENTS IN THE AFFIDAVIT?
24-6273 Darren R. Reiner v. Wisconsin Wisconsin 2025-01-13 Denied Response WaivedRelisted (2)IFP brady-violation criminal-procedure due-process evidence-withholding judicial-discretion probable-cause 1. Not since Brady v. Maryland, 373 U.S. 83 (1963) has a case been so compelling and brought before the U.S. Supreme Court needing a federal court rul…
24-6254 Ryan Galal VanDyck v. United States Ninth Circuit 2025-01-08 Denied Response WaivedIFP constitutional-rights email-privacy fourth-amendment ineffective-assistance probable-cause warrantless-search The Sixth Amendment is paramount to defendants in a criminal proceeding to ensure effective assistance of counsel. When this doesn't happen, there is …
24A668 Juventino L. Plancarte v. United States Seventh Circuit 2025-01-08 Presumed Complete drug-sniffing-k9 fourth-amendment investigative-devices probable-cause search-and-seizure traffic-stop Question not identified.
24A648 Richard L. Lewis v. Brian Emig, Warden, et al. Third Circuit 2024-12-31 Presumed Complete constitutional-challenge extraterritorial-surveillance fourth-amendment gps-tracking probable-cause search-warrant Question not identified.
24-6208 Luciano Molina Rios v. Washington Washington 2024-12-27 Denied IFP cell-phone-tracking fourth-amendment privacy-rights probable-cause search-and-seizure warrant-requirement Does the 4 Amendment to the U.S. Constitution prohibit the use of a cellphone to track a representative of the House without a warrant? Does the 1 an…
24-681 Konstadin Bitzas v. New Jersey New Jersey 2024-12-26 Denied Response Waived due-process emergency-caretaker fourth-amendment pro-se-representation probable-cause search-warrant 1. Under Franks v. Delaware , 438 U.S. 154 (1978), do defects in the search warrant application process, including failure to satisfy the oath require…
24A566 Ladonies P. Strong v. United States Armed Forces 2024-12-11 Presumed Complete court-martial digital-search electronic-devices fourth-amendment military-justice probable-cause Question not identified.
24-624 William Trevor Case v. Montana Montana 2024-12-06 Judgment Issued Amici (18)Response RequestedResponse WaivedRelisted (5) emergency-aid-exception exigent-circumstances home-search law-enforcement-entry probable-cause search-warrant Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the eme…
24-6068 Marlon Maurice Winborn v. United States Eighth Circuit 2024-12-03 Denied Response WaivedIFP criminal-activity fourth-amendment informant-tip law-enforcement probable-cause reasonable-inference Does the Fourth Amendment require that even a reliable informant provide police with sufficient information to allow an officer to reasonably infer th…
24-6067 Jerrelle Quintrez Gladden v. United States Eleventh Circuit 2024-12-03 Denied Response WaivedIFP criminal-defense fifth-amendment probable-cause search-warrant sixth-amendment-right witness-exclusion May a district court exclude a defense witness when he will invoke the Fifth Amendment in response to certain questions but undisputedly will answer a…
24-6039 Charles Derryberry v. United States Fifth Circuit 2024-11-26 Denied Response WaivedIFP criminal-prosecution informant-tip law-enforcement probable-cause search-and-seizure weapon-possession Illinois v. Gates, 462 U.S. 218 (1983) established the "totality of the circumstances analysis" for determining if an informant's tip provided suffici…
24-6024 Rudolph Daniel Miffin, Jr. and Jermaine Darnell Johnson v. United States Fourth Circuit 2024-11-25 Denied Response WaivedIFP automobile-exception fourth-amendment marijuana-decriminalization probable-cause vehicle-search warrantless-search 1) Where a state has decriminalized simple possession of marijuana, can state and local police, not acting in coordination with federal authorities bu…
24A480 Randal M. Hall v. Travis Trochessett, et al. Fifth Circuit 2024-11-13 Presumed Complete arrest-warrant fifth-circuit first-amendment interference-with-public-duties probable-cause speech-exception Question not identified.
24-5960 Christopher Patrick McGowan v. Pennsylvania Pennsylvania 2024-11-13 Denied Relisted (2)IFP fifth-amendment fourteenth-amendment fourth-amendment grand-jury preliminary-hearing probable-cause 1. DID THE FRANKLIN COUNTY COURT OF COMMON PLEAS VIOLATE THE PETITIONER'S FOURTH AMENDMENT RIGHTS BY FAILING TO ESTABLISH PROBABLE CAUSE BY REFUSING T…
24-5955 John C. Coleman v. Ohio Ohio 2024-11-12 Denied IFP constitutional-rights dna-collection due-process fourth-amendment probable-cause warrant A VlWWtsf VDQ.S Yrie<A , ConuicVed } Qr\d SenWed W^Wy UCZSlUzC/Q^, WrtnA untonSAAuWl (Z\)\Ae,'0C£ J \ r\ Xj'ioWtoD dr ^ and IV^ 1 AmenAm^rrV 4o \Ju5- …
24-484 Michigan v. David Allan Lucynski Michigan 2024-10-31 Denied Response RequestedResponse WaivedRelisted (2) evidence-suppression fourth-amendment legal-mistake police-conduct probable-cause reasonable-standard Do all unreasonable mistakes of law by the police constitute deliberate, reckless, or grossly negligent conduct requiring suppression of probative evi…
24-492 Marino Scafidi v. Las Vegas Metropolitan Police Department, et al. Ninth Circuit 2024-10-31 Denied Response Waived civil-rights material-fact nonmovant-evidence probable-cause summary-judgment supreme-court-precedent 1. Whether the Ninth Circuit's decision, clearly ignoring the nonmovant's (petitioner-plaintiff's) theories of prosecution and factual evidence set fo…
24-5864 Antwone Miguel Sanders v. United States Sixth Circuit 2024-10-30 Denied Response WaivedIFP due-process fourth-amendment leon-exception nexus probable-cause search-warrant I. Whether the search warrant affidavit in this case failed to establish the requisite nexus to permit a search of a private residence? II. Whether t…
24-5830 Derek Tyler Horton v. Alabama Alabama 2024-10-25 Denied Response WaivedIFP constitutional-rights fourth-amendment law-enforcement pretextual-arrest probable-cause warrant-execution 1.) Whether a police officer's reason for acting, in at least some circumstances, should factor into the Fourth Amendment inquiry? 2.) Whether the St…
24-5771 Kyle Christopher Zoellner v. City of Arcata, California, et al. Ninth Circuit 2024-10-17 Denied IFP criminal-procedure due-process evidence-tampering fourth-amendment probable-cause sixth-amendment 1. Fourth Amendment Violation - Lack of Probable Cause at Arrest ° Whether the Ninth Circuit erred in affirming the district court 's judgment that th…
24A361 William Trevor Case v. Montana Montana 2024-10-16 Presumed Complete community-caretaking emergency-aid exigent-circumstances fourth-amendment probable-cause warrantless-search Question not identified.
24-424 Raymond N. Bailey, Jr. v. Arkansas Arkansas 2024-10-16 Denied Amici (3) criminal-supervision fourth-amendment probable-cause residency-verification search-and-seizure warrantless-search More than 3.5 million people in the United States are subject to warrantless, suspicionless searches of their residences as a result of their probatio…
24-5755 Wesley Perkins v. United States Fifth Circuit 2024-10-15 Denied Response WaivedIFP methamphetamine-evidence motion-to-suppress park-ranger probable-cause vehicle-search warrantless-search Whether the District Court erred by denying Perkins' motion to suppress evidence, methamphetamine, discovered during a Park Ranger's warrantless searc…
24-5757 Damian Cortez v. United States First Circuit 2024-10-15 Denied Response WaivedIFP circuit-split fourth-amendment franks-hearing offer-of-proof probable-cause search-warrant 1. Whether this Petition Should Be Granted to Resolve a Conflict Between the Decision Below and Decisions of the Eighth, Ninth, and Tenth Circuits tha…
24-5745 Brian Broussard v. United States Fifth Circuit 2024-10-11 Denied Response WaivedIFP collective-knowledge constitutional-challenge due-process probable-cause seizure warrantless-search 1) Whether 18 U.S.C. 922(g)(1) is unconstitutional and, as such, fails to provide probable cause for detaining an American Citizen. 2) To what extent…
24-5738 Corloyd Anderson v. United States Fourth Circuit 2024-10-10 Denied Response WaivedIFP affiant-misconduct bad-faith criminal-procedure fourth-amendment probable-cause warrant-clause Nearly half a century ago, this Court held that the Fourth Amendment's Warrant Clause "surely takes the affiant's good faith as its premise." Franks v…
24-372 William Robert Taft v. Colorado Colorado 2024-10-02 Denied Response Waived criminal-procedure fourth-amendment probable-cause protective-sweep unreasonable-search warrant-requirement Thirty-four years ago, in Maryland v. Buie , 494 U.S. 325 (1990), this Court ruled that the protective sweep exception to the warrant requirement allo…
24-5607 Brandon Williams v. North Carolina, et al. North Carolina 2024-09-23 Denied Response WaivedIFP constitutional-violation due-process false-arrest probable-cause speedy-trial subject-matter-jurisdiction 1. Did the Supreme Court of North Carolina err in not addressing the issues surrounding Petitioner's false arrest under pretenses of failure to appear…
24-310 Sean Michael McGuire v. Texas Texas 2024-09-19 Denied Response Waived exigent-circumstances felony-arrest fourth-amendment misdemeanor probable-cause warrantless-arrest A police officer may arrest without a warrant for a misdemeanor or felony committed in his presence and for a felony not committed in his presence if …
24A268 Marino Scafidi v. Las Vegas Metropolitan Police Department, et al. Ninth Circuit 2024-09-17 Presumed Complete exculpatory-evidence fourth-amendment malicious-prosecution probable-cause summary-judgment warrantless-search Question not identified.
24-5513 Jacob D. Lickers v. United States Seventh Circuit 2024-09-11 Denied Response WaivedIFP bad-faith franks-hearing good-faith-exception ineffective-assistance probable-cause search-warrant 1. May a search warrant affiant take advantage of the Good Faith Exception under Leon when he or she lacks subjective good faith when submitting an af…
24-5505 David Brian Larche, Jr. v. United States Eleventh Circuit 2024-09-10 Denied Response WaivedIFP fourth-amendment probable-cause reasonable-suspicion terry-stop traffic-stop warrantless-detention After a traffic stop for a misdemeanor traffic violation is complete, and a citation has been issued, does possession of cash alone satisfy this Court…
24-5473 James Williams v. United States Second Circuit 2024-09-05 Denied Response WaivedIFP criminal-procedure due-process fourth-amendment probable-cause search-and-seizure warrant-requirement (1) Did the previous alleged criminal Joe at the Counts Aiden & oo rts LOVNDIOAT OCIA \ ancl when Shere were ext Ce. ae 4 J ine USe ok on Qirearm An R…
24A238 Gregory Rogers v. United States Sixth Circuit 2024-09-04 Presumed Complete criminal-procedure expectation-of-privacy fourth-amendment probable-cause vehicle-search warrantless-search Question not identified.
24-5397 Bruce Sanford v. United States Eighth Circuit 2024-08-27 Denied Response WaivedIFP constitutional-rights fourth-amendment freedom-of-movement law-enforcement probable-cause seizure Whether a citizen is seized within the meaning of the Fourth Amendment when law enforcement impedes the citizen's freedom of movement?
24-5396 Pedro Pablo Fuentes v. Steven Harpe Tenth Circuit 2024-08-27 Denied IFP collective-knowledge-doctrine detention fourth-amendment probable-cause search-and-seizure traffic-stop On a traffic-stop after the Officer, gave the citation to Petitioner, and Petitioner, did not give him consent to search his vehicle. 1.Why does the P…
24-5381 Nathan Cooper v. United States Eleventh Circuit 2024-08-23 Denied Amici (4)Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights fourth-amendment police-search probable-cause stop-and-frisk terry-stop Whether the Court should overrule the frisk holding of Terry v. Ohio, 392 U.S. 1 (1968), which allows police officers to search people absent probable…
24-5321 Terry M. Peterson, Jr. v. Wisconsin Wisconsin 2024-08-15 Denied Response WaivedRelisted (2)IFP bodily-integrity fourth-amendment medical-procedure probable-cause search-and-seizure warrantless-search wl A Search hJavsast'l b/ n1/0 ^ri^ovc^uv\<M cppk 7^c Ck// beiuh*'*^ -M< offu^r G*d ~bh< ^ud<yc u/kv iSSUf ^ 4-k-e wi uv/ b-t Vtcovdid- LUiy.Skrt. f 9…
24-5300 Shakeen Davis, Jamal Lockley, and Dante D. Bailey v. United States Fourth Circuit 2024-08-12 Denied Response WaivedIFP bad-faith fourth-amendment probable-cause search-warrants warrant-clause wiretap-orders Nearly half a century ago, this Court held that the Fourth Amendment's Warrant Clause "surely takes the affiant's good faith as its premise." Franks v…
24-5278 Mark Manuel Angeles Marino v. United States Eleventh Circuit 2024-08-08 Denied Response WaivedIFP fifth-amendment fourth-amendment probable-cause search-warrant self-incrimination sentencing-hearing I. Whether a defendant's Fifth Amendment privilege against self-incrimination was violated where a sentencing court draws an adverse inference regardi…
24-5251 Keith Vernon Davis v. David Close, Superintendent, State Correctional Institution at Houtzdale Third Circuit 2024-08-07 Denied Relisted (2)IFP counsel-conflict due-process judicial-determination probable-cause property-seizure sixth-amendment 1. WHETHER AN INDEPENDENT JUDICIAL DETERMINATION WAS MADE OF PROBABLE CAUSE OR A WARRANT ISSUED 1/22/2017 AT INCIDENT No. 20170122M1328 PRIOR TO ENTRY…
24-5226 Terry Dwayne Jones v. United States Fourth Circuit 2024-08-05 Denied Response WaivedIFP burden-of-proof fourth-amendment law-enforcement pacing probable-cause search-and-seizure speed-estimation traffic-stop warrantless-search "The government bears the burden of proof in justifying a warrantless search or seizure." United States v. McGee, 736 F.3d 263, 269 (4th Cir. 2013), c…
24-5220 Christopher L. Smith v. Ohio Ohio 2024-08-05 Denied IFP civil-procedure-joinder confidential-informant constitutional-rights criminal-procedure due-process fair-trial prejudicial-joinder probable-cause rules-of-evidence search-warrant sufficiency-of-evidence 1. Isa prejudicial joinder concerning unrelated counts a fundamental violation of One's constitutional right to a fair trial, if the facts of one inci…
24-116 Daniel A. Madero v. Owen McGuinness Seventh Circuit 2024-08-01 Denied Response Waived appellate-review civil-rights due-process fourth-amendment material-fact probable-cause summary-judgment tolan I. Whether the denial of Mr. Madero's appeal to Respondent's motion for summary judgment was in error, under this Court's ruling in Tolan , as there…
24-5197 Curtis Mitchell Paul v. United States Sixth Circuit 2024-07-31 Denied Response WaivedIFP criminal-investigation empirical-evidence fourth-amendment officer-mistake probable-cause reasonable-suspicion seizure terry-stop terry-v-ohio totality-of-the-circumstances Whether a police officer violates the Fourth Amendment when he seizes for criminal investigation a pedestrian walking in the vicinity of a recent robb…
24-5174 Michael D. Carver v. City of Kalamazoo, Michigan, et al. Sixth Circuit 2024-07-30 Denied IFP absolute-immunity fabricated-evidence false-arrest fourth-amendment franks-doctrine investigative-conduct malicious-prosecution probable-cause qualified-immunity Whether Franks applies to material omissions, and assuming that the customary practice of lower courts that apply that rule is correct: a. Whether pro…
24-89 Cory Johnson v. United States Second Circuit 2024-07-29 Denied Response Waived 4th-amendment-search-and-seizure digital-evidence digital-privacy fourth-amendment gps metadata metadata-search probable-cause riley-precedent riley-v-california warrant-requirements warrant-scope QUESTION 1: Does Riley v. California , 573 U.S. 373 (2014) prohibit the Government from searching privacy protected GPS information in the metadata …
24-5150 Toyrieon Sessions v. United States Ninth Circuit 2024-07-26 Denied Response WaivedIFP Due-Process fourth-amendment law-enforcement mobile-device Mobile-Devices Probable-Cause Riley-v-California search-and-seizure Seizure warrant-requirement Warrantless-Search Following Riley v. California, 573 U.S. 373 (2014), may law enforcement seize a person's mobile telephone—without probable cause and without a warrant…
24-5136 John Michael Murphy v. United States Fifth Circuit 2024-07-25 Denied Response WaivedIFP 4th-amendment constitutional-violation contraband fourth-amendment pat-down plain-touch-doctrine probable-cause search-and-seizure warrantless-search Whether, under the plain-touch doctrine established by Minnesota v. Dickerson, 508 U.S. 366, 375, 113 S. Ct. 2130, 124 L. Ed. 2d 334 (1993), deputies …
24A72 Raymond N. Bailey, Jr. v. Arkansas Arkansas 2024-07-22 Presumed Complete fourth-amendment probable-cause probation-condition reasonable-suspicion search-waiver warrantless-search The question presented in this case is whether a warrantless search violates the Fourth Amendment where, although a person has consented to warrantles…
24-5115 Jima Brown v. New York New York 2024-07-19 Denied IFP constitutional-rights criminal-procedure due-process fourth-amendment investigative-suspicion law-enforcement privacy probable-cause search-and-seizure warrantless-search WJ FourFi/\ AyvAead iM.e/rF permd-S Afi' v^l S>FxVeS rVvuFe a warrarv+less CocFs OocUbaSe "5Wrck ^ ^ro/vA a |jFre£] person wko AaS Ac4 bee a. £oc t c\…
24-5092 Moises Orlando Zelaya-Veliz, Jose Eliezar Molina-Veliz, Luis Alberto Gonzales, Gilberto Morales, and Jonathan Rafael Zelaya-Veliz v. United States Fourth Circuit 2024-07-16 Denied IFP digital-privacy facebook-data fourth-amendment government-scrutiny probable-cause search-and-seizure search-warrant social-media temporal-limitation warrant 1. Does the Fourth Amendment prohibit the issuance of apparent "all-data" warrants for Facebook accounts without any temporal limitation whatsoever, w…
24-5074 Charles Brian O'Neill v. United States Sixth Circuit 2024-07-15 Denied Response WaivedIFP 4th-amendment exclusionary-rule fourth-amendment good-faith good-faith-exception law-enforcement probable-cause search-warrant suppression Do the deficiencies in the search warrants and their supporting affidavits merit good faith protection from the exclusionary rule?
24-5001 Tito Lemont Knox v. Jeffrey Krueger, Warden Fourth Circuit 2024-07-03 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-claim criminal-procedure due-process evidence federal-law habeas-corpus ineffective-assistance privacy probable-cause search-and-seizure state-court-review Question not identified.
23-7834 Willie Medina v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-06-28 Denied IFP 4th-amendment 6th-amendment civil-rights constitutional-rights due-process excessive-force judicial-review law-enforcement probable-cause search-warrant unlawful-detention 1) Of Ficers Had Wo Probable Cavsé far Zhe Stop. 775 hecessérg Or hot 7 2) There Was Mo Searth Wwatrant Fir the Car. The Reasonas/é? 32) Fheré Was i…
23-7827 Gianni Montay Minners v. United States Tenth Circuit 2024-06-28 Denied Response WaivedIFP 4th-amendment fourth-amendment gang-affiliation high-crime-area investigative-detention law-enforcement prior-gun-possession probable-cause reasonable-suspicion search-and-seizure Is it reasonable for an officer to conduct an investigative detention where there are insufficient facts in the record to conclude that an individual …
23-7824 Kwuan Montrell Baker v. United States Eleventh Circuit 2024-06-28 Denied Response WaivedIFP fourth-amendment fourth-amendment-balancing law-enforcement pretextual-stop probable-cause reasonable-suspicion traffic-stop whren-v-united-states The question presented is whether an admittedly pretextual traffic stop by law enforcement violates the Fourth Amendment when it is based not on proba…
23-7795 Marc Pierre Hall, aka Marc Valeriano, aka Fella v. United States Fourth Circuit 2024-06-25 Denied Response WaivedIFP appellate-review constitutional-law criminal-procedure due-process fourth-amendment law-enforcement probable-cause search-and-seizure sentencing statutory-interpretation sVsAtrVe^S Cor^Vrfefes er er-rontcus U3e cA Sl\ J\ko\\er- -_Aor\ L^orxAS^^ cjT- Cor>s'VrWi\i o^C)\ Errors ga.~a Connc~V\r>ej— error cn Aer~lV\<e ^T^k…
23-7748 Jacob W. Barron v. United States Fifth Circuit 2024-06-18 Denied Response WaivedIFP compliance-check criminal-procedure fourth-amendment fourth-amendment-expectation-of-privacy law-enforcement privacy-expectation probable-cause probation probation-search warrantless-search Mr. Jacob W. Barron's probation officers conducted a compliance check of Mr. Barron's home after they were contacted by Rapides Parish Sheriff's Offic…
23-7734 Reshod Jamar Everett v. United States Fourth Circuit 2024-06-17 Denied Response WaivedIFP criminal-procedure fourth-amendment fourth-amendment-rights law-enforcement maryland-v-buie probable-cause protective-sweep reasonable-belief warrantless-search Whether the Fourth Amendment precludes the police from conducting a warrantless search of a home when the police decided to conduct a protective sweep…
23-1311 Charles W. Washington v. Louisiana Louisiana 2024-06-14 Denied affidavit drug-activity fourth-amendment oral-testimony probable-cause search-warrant sgro-precedent time-delay warrant-application 1. Whether the mandates announced in Sgro v. United States, 287 U.S. 206, (1932) were violated when the trial judge granted a search warrant despite t…
23-7713 Calvin K. Wilson v. Florida Florida 2024-06-13 Denied Response WaivedRelisted (2)IFP exclusionary-rule false-statements fourth-amendment franks-v-delaware judicial-integrity law-enforcement probable-cause search-warrant The Fourth Amendment exclusionary Rule serves another vital function- the imperative of judicial integrity. In Franks u. Delaware , 438 U.S. at 186, 5…
23A1094 Daniel A. Madero v. Owen McGuinness Seventh Circuit 2024-06-07 Presumed Complete circuit-split due-process exculpatory-evidence law-enforcement probable-cause summary-judgment Question not identified.
23-1285 Shawn T. Swindell v. Kenneth Bailey Eleventh Circuit 2024-06-07 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights exigent-circumstances fourth-amendment law-enforcement-entry misdemeanor misdemeanor-arrest payton-rule payton-v-new-york probable-cause qualified-immunity 1. Was it clearly established in 2014 that a law enforcement officer violates the Fourth Amendment when he witnesses a person commit a misdemeanor off…
23-7636 Russell Davis v. United States Sixth Circuit 2024-06-04 Denied Response WaivedIFP 4th-amendment exclusionary-rule fourth-amendment good-faith-exception law-enforcement probable-cause search-and-seizure sworn-testimony warrant-affidavit 1. Does the Leon good-faith exception apply to salvage a barebones affidavit where at an evidentiary hearing conducted to establish a record of sworn …
23-1255 Dephne Nguyen Wright v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2024-05-30 Denied certificate-of-appealability federal-habeas fourth-amendment habeas-corpus harmless-error ineffective-assistance-of-counsel probable-cause search-warrant L Whether the U.S. Court of Appeals for the Fifth Circuit and district court applied too demanding of a standard governing issuance of a certificate o…
23-7580 Joseph Moraga v. Texas Texas 2024-05-29 Denied IFP 4th-amendment advisory-opinion contemporaneous-to-arrest custodial-arrest fourth-amendment possession probable-cause reasonable-expectation-of-privacy search-incident-to-arrest warrantless-search PETITIONER AT TRIAL FILED A MOTION TO SUPPRESS EVIDENCE THAT THE STATE ADMITS WAS FOUND DURING A WARRANTLESS SEARCH. Petitioner's MOTION WAS BASED ON …
23A1042 Curtis Mitchell Paul v. United States Sixth Circuit 2024-05-22 Presumed Complete digital-device exigent-circumstances fourth-amendment motion-to-suppress probable-cause warrantless-search Question not identified.
23A1041 Charles Brian O'Neill v. United States Sixth Circuit 2024-05-22 Presumed Complete exclusionary-rule fourth-amendment good-faith-exception material-misrepresentation probable-cause search-warrant Question not identified.
23-7529 Reginald Andrew Paulk, Sr. v. L. Benson, et al. Eleventh Circuit 2024-05-22 Denied IFP appellate-procedure civil-rights counsel due-process federal-law judicial-review probable-cause qualified-immunity racial-animus sovereign-immunity standard-of-review Did the District Court and the Eleventh Circuit use the incorrect standard to review the issues and thus incorrectly apply the law under Tolau v. Cott…
23-1228 Mason Murphy v. Michael Schmitt Eighth Circuit 2024-05-21 GVR Response RequestedRelisted (2) circuit-split civil-rights first-amendment free-speech nieves-exception probable-cause retaliatory-arrest selective-enforcement selective-prosecution Under Nieves v. Bartlett, probable cause does not bar a retaliatory-arrest claim when the plaintiff shows "that he was arrested when otherwise similar…
23-7511 Rodney Johnson v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2024-05-20 Denied IFP appellate-procedure constitutional-law constitutional-rights criminal-procedure due-process evidence exclusionary-rule fourth-amendment probable-cause search-and-seizure I-l pcul-exi 4^ Coryipl^ 4~kp p ^ oF CourT" +■© Prelude ■++« Sn'gm onol StoJ °.F pfbhahk CGW2e ^^)+hlh T|W| r ^Lf'Sd'CW +* loo lei Csu7T-T><jipmc<SS>…
23-7416 Christopher J. Pratt v. United States Second Circuit 2024-05-08 Denied Response WaivedIFP 4th-amendment circuit-court-split circuit-split fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant staleness standard-of-review 1) Did the Second Court of Appeals err when they failed to apply their own standards under United States v. Raymonda, 780 F.3d 105 (2nd Cir. 2015), w…
23-7423 Glenn Francis v. Thomas Scarantino, Warden, et al. Eleventh Circuit 2024-05-08 Denied Response WaivedIFP civil-rights immunity immunity-doctrine jury-trial probable-cause punitive-damages writ-of-certiorari wrongful-incarceration Can you deny me a jury trial for civil rights violations and wrongful incarceration and punitive damages based only on immunity of defendants that I t…
23-7321 Bentley Streett v. United States Tenth Circuit 2024-04-26 Denied IFP exclusionary-rule fourth-amendment good-faith-exception inevitable-discovery probable-cause search-and-seizure search-warrant warrant-defect warrant-requirement Before government agents can search a private home, the Fourth Amendment generally requires them to obtain a warrant supported by probable cause. Here…
23-7323 Damon Todd Carey v. United States Third Circuit 2024-04-26 Denied Response WaivedIFP exclusionary-rule expert-testimony fourth-amendment good-faith good-faith-doctrine independent-source inevitable-discovery probable-cause warrant-requirement 1. The district court concluded that since illegally obtained evidence found in Petitioners vehicle, was admissible due to'lthe application of the "…
23-7295 Glen Taylor Helzer v. California California 2024-04-23 Denied IFP criminal-procedure evidence exigent-circumstances fourth-amendment plain-view-doctrine probable-cause search-and-seizure warrant-requirement warrant-scope Does the plain view doctrine apply where police enter and seize a home under a warrant to search for evidence of specified crimes, and forego getting …
23-7269 Willis Maxi v. United States Eleventh Circuit 2024-04-19 Denied Response WaivedIFP 4th-amendment criminal-procedure exclusionary-rule probable-cause qualified-immunity search-and-seizure Question not identified.
23-7251 In Re Raynada Jones 2024-04-18 Denied IFP constitutional-law constitutional-rights criminal-procedure due-process felony-murder jurisdiction magistrate probable-cause subject-matter-jurisdiction WHETHER PETITIONER IS IN CUSTODY IN VIOLATION OF THE CONSTITUTION OR LAWS OR TREATIES OF THE UNITED STATES WHERE, THE INGHAM COUNTY CIRCUIT COURT WAS …
23-1114 Charles R. Hays v. United States Seventh Circuit 2024-04-15 Denied Response Waived automobile-exception contraband criminal-procedure fourth-amendment law-enforcement passenger probable-cause search search-and-seizure Whether law enforcement has probable cause under the Fourth Amendment's automobile exception to search a driver's vehicle based on a passenger's perso…
23-1116 Daniel Creger v. Andrew Tucker, et al. Sixth Circuit 2024-04-15 Denied Response Waived 4th-amendment civil-rights fourth-amendment malicious-prosecution material-misrepresentation probable-cause section-1983 warrant-affidavit 1) Whether, in the context of evaluating a 42 U.S.C. § 1983 Fourth Amendment malicious prosecution claim, state law citations showing that a rational …
23-7215 David Hueston v. United States Seventh Circuit 2024-04-12 Denied Response WaivedIFP attorney-client-privilege evidentiary-weight fourth-amendment franks-hearing franks-v-delaware officer-affiant probable-cause prosecutorial-consultation prosecutorial-discretion search-and-seizure search-warrant In determining whether a Franks violation occurred, whether a reviewing court may place substantial evidentiary weight on an officer-affiant's consult…
23-1102 Timothy Allen Davis, Sr. v. City of Apopka, Florida Eleventh Circuit 2024-04-11 Denied Response Waived civil-rights due-process false-arrest immunity law-enforcement probable-cause qualified-immunity search-and-seizure section-1983 stand-your-ground I. Whether the federal court denied effect to the immunity provision of the state statute when it concluded that the arrest of Mr. Davis was objective…
23-1107 Joan Ghougoian, et al. v. Lamarr Monson Sixth Circuit 2024-04-11 Denied 4th-amendment civil-rights constitutional-standard devenpeck fourth-amendment malicious-prosecution manuel pre-trial-detention probable-cause section-1983 1. Whether the Fourth Amendment's objective standard applies to all claims arising thereunder, such that there is no violation so long as probable cau…
23-1082 Atticus Sliter-Matias v. United States Third Circuit 2024-04-04 Denied Response Waived compulsory-process due-process entrapment evidence-tampering fourth-amendment probable-cause search-and-seizure witness-disclosure 1. Whether the admission in evidence of 161 eBay & PayPal accounts seized and modified by them with information obtained from Postal Inspectors to fab…
23-7121 Basilio Hernandez v. United States Second Circuit 2024-04-02 Denied Response WaivedIFP docket-procedure docket-sheet exclusionary-rule fourth-amendment good-faith-exception probable-cause search-and-seizure warrant warrant-requirement Did the court err in finding that the good faith exception to the exclusionary rule applied? Should the docket sheet reflect all pleadings filed in a…
23-7102 Jeremy Lee Koons v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2024-03-28 Denied Response WaivedIFP exclusionary-rule fourth-amendment gps-tracking law-enforcement probable-cause search-and-seizure vehicle-search warrantless-search 1) When law enforcement applied for the search warrant to search petitioner's vehicle and residence, does the Warrant Clause of the Fourth Amendment r…
23-7087 Natasha Bates, aka Tasha Bates v. Tennessee Tennessee 2024-03-27 Denied IFP 4th-amendment 6th-amendment criminal-procedure evidence fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment 1. Did the trial court commit reversible error by failing to grant Petitioner's post conviction relief because of the introduction of evidence at her …
23-7013 Jason Steven Kokinda v. United States Fourth Circuit 2024-03-18 Denied Response WaivedIFP boumediene-precedent boumediene-v-bush civil-rights detention-challenge due-process habeas-corpus liberty-interests probable-cause writ-of-certiorari 1. Is the panel decision in conflict with Boumediene v. Bush, 553 U.S. 723, 779-80, 128 S. Ct. 2229 (2008), in suspending the Writ of Habeas Corpus wh…
23-6990 Kristopher Dean Putnam v. United States Fifth Circuit 2024-03-15 Denied Response WaivedIFP cell-phone cell-phone-search exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant In Riley v. California, 573 U.S. 373 (2014), the Court held that police officers must generally obtain a warrant before searching a cell phone seized …
23-6957 Marcus Kelly v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-03-11 Denied Response WaivedIFP 4th-amendment cannabis-odor exigent-circumstances fourth-amendment probable-cause scope-of-search search-and-seizure search-scope vehicle-search warrantless-search When a warrantless search of a vehicle is initiated, due to the odor of "burnt cannabis," Does dismantling the interior exceed the scope of the search…
23-6916 Rufaro Christopher Smith v. Jacob Beasley, Warden Eleventh Circuit 2024-03-07 Denied Response WaivedIFP border-search civil-procedure civil-rights due-process electronic-privacy fourth-amendment georgia-constitution probable-cause search-and-seizure standing takings warrant-exception How is the Eleveoth recut Appeal Cough able Zo Clam igsuz3 Raiseol by Pelrhoner l8S wol ConSiitulional y'bhshad! piped HE Lond eutel fhe thunted EAE C…
23-6897 Pedro Armando Nava v. United States Eighth Circuit 2024-03-06 Denied Response WaivedIFP fourth-amendment fourth-amendment-search-and-seizure industrial-hemp marijuana-odor medical-marijuana odor-of-marijuana probable-cause vehicle-search warrantless-search Whether the Fourth Amendment of the United States Constitution permits a warrantless search of a vehicle based solely upon the odor of marijuana in a …
23-6909 Arnold D. Holland v. United States Eleventh Circuit 2024-03-06 Denied Response WaivedIFP criminal-procedure fourth-amendment probable-cause reasonable-suspicion search search-and-seizure supervised-release totality-of-circumstances 1. Whether the Fourth Amendment applies to the act of searching or the initial decision to search, based on an objective standard considering the tota…
23A810 Arthur Lopez v. Court of Appeal of California, Second Appellate District, et al. California 2024-03-04 Presumed Complete border-search electronic-devices fourth-amendment privacy-rights probable-cause warrantless-search Question not identified.
23-907 Pablo Pastrana v. New York New York 2024-02-22 Denied Response Waived brown-vs-texas constitutional-law fourth-amendment law-enforcement police-roadblocks probable-cause reasonable-suspicion roadblock search-and-seizure Whether a vehicular roadblock satisfies the standard for a reasonable search and seizure under the Fourth Amendment, articulated in Brown v. Texas, 44…
23-893 Jonathan Walker v. Arkansas Arkansas 2024-02-21 Denied 4th-amendment algorithm digital-privacy fourth-amendment law-enforcement law-enforcement-search private-company probable-cause search-and-seizure technology-search warrant-requirement Does the Fourth Amendment require police to get a warrant before they open a digital file that was flagged by a private technology company's computer …
23-6796 Yanier N. Tellez, aka Yanier Tellez-Crespo v. United States Sixth Circuit 2024-02-21 Denied Response WaivedIFP 4th-amendment consent consent-search fourth-amendment probable-cause search-and-seizure seizure-of-evidence traffic-stop wallet-search warrantless-search Was the District Court's denial of Petitioner's Motion to Suppress a result of clear error in determining the facts relative to consent for search v…
23-869 Tyler Land v. Donald L. Edenfield, in His Official Capacity as Sheriff of Jackson County, Florida, et al. Eleventh Circuit 2024-02-13 Denied 4th-amendment affidavit criminal-arrest fourth-amendment intentional-misstatements law-enforcement probable-cause reckless-misstatements search-and-seizure warrant When an probable cause affidavit contains only evidence that a person was in a car with and drove an alleged drug dealer to and from a drug transactio…
23-860 Brandon Holtan, et al. v. Mark Edward Nieters Eighth Circuit 2024-02-09 Denied civil-rights due-process fourth-amendment free-speech law-enforcement probable-cause qualified-immunity unlawful-assembly warrantless-arrest In the aftermath of the 2020 killing of George Floyd, civil unrest broke out across the country, including in Des Moines, Iowa. Mark Nieters, a freela…
23-6715 Re'Shaun Lamonte Wilborne v. United States Fourth Circuit 2024-02-09 Denied Response WaivedIFP criminal-procedure evidence exclusionary-rule fourth-amendment inevitable-discovery inventory-search probable-cause search-and-seizure The police violated the Fourth Amendment when they searched Wilborne's backpack and recovered a firearm that formed the basis of the indictment filed …
23-6688 Christian Alejandro Estrella v. United States Ninth Circuit 2024-02-07 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment law-enforcement parole parole-search police-authority probable-cause search-and-seizure suspicionless-search suspicionless-seizure A police officer may seize and search a person on parole without suspicion. See Samson v. California, 547 U.S. 843, 857 (2006). But the officer must f…
23-6694 Michael T. Braxton v. Warden, Anderson County Detention Center Fourth Circuit 2024-02-07 Denied Response WaivedIFP civil-rights constitutional-rights due-process probable-cause state-corrective-process state-court-abuse subject-matter-jurisdiction younger-abstention Did the State of South Carolina deny the Petitioner a Substantial Constitutional right to a "Constitutionally Adequate " [ PROBABLE CAUSE] determinati…
23A732 Mason Murphy v. Michael Schmitt, in His Individual Capacity Eighth Circuit 2024-02-07 Presumed Complete first-amendment jaywalking nieves-exception probable-cause retaliatory-arrest selective-enforcement Whether the probable-cause exception to claims for retaliatory arrests that this Court announced in Nieves v. Bartlett can be satisfied by objective c…
23-6678 In Re Tina Wagoner 2024-02-06 Denied IFP arrest civil-rights criminal-procedure due-process evidence probable-cause Are the elements of the crimes charged justified by the facts presented in the above-stated evidence? If prosecutorial discretion constitutes the abi…
23-6649 Larry David Davis v. Barry Sims, Judge, 7th Division, Pulaski County Circuit Court, et al. Eighth Circuit 2024-02-01 Dismissed IFP 4th-amendment adverse-action civil-rights constitutional-rights due-process fingerprinting investigative-procedures law-enforcement legal-standing probable-cause search-and-seizure Question not identified.
23-6609 Kevin McCall v. United States Eleventh Circuit 2024-01-30 Denied Response WaivedIFP 4th-amendment cloud-search electronic-media exclusionary-rule fourth-amendment good-faith-exception particularity probable-cause search-warrant Whether the good faith exception to the exclusionary rule can save a cloud search warrant unsupported by probable cause and devoid of particularity.
23-6601 Quentin John Fishburne v. United States Fourth Circuit 2024-01-29 Denied Response WaivedIFP 4th-amendment criminal-conviction due-process exclusionary-rule firearm-possession fourth-amendment motion-to-suppress probable-cause search-and-seizure traffic-checkpoint traffic-stop Whether the Fourth Circuit Court of Appeals erred in failing to reverse the trial court's order denying the Petitioner's Motion to Suppress the discov…
23-802 William Bembury v. Kentucky Kentucky 2024-01-25 Denied Amici (2) backpack criminal-procedure evidence-seizure fourth-amendment luggage probable-cause purse search-incident-to-arrest warrant-requirement Does the exception to the Fourth Amendment's warrant requirement for searches incident to arrest permit a warrantless search of a backpack, purse, lug…
23-6550 Xavier Howell v. United States Fourth Circuit 2024-01-23 Denied Response WaivedIFP drug-trafficking fourth-amendment fourth-amendment-protections probable-cause terry-stop terry-v-ohio vehicle-search vehicle-stop warrantless-search warrantless-stop Whether a Warrantless Stop of a Vehicle, Based Solely on Proximity to a Motel Known for Drug Trafficking, in the Absence of any Actual Violation of th…
23-6523 Mark David Galloway v. United States Ninth Circuit 2024-01-22 Denied Response WaivedIFP circuit-split fourth-amendment law-enforcement probable-cause reasonable-suspicion seizure terry-stop Whether the Ninth Circuit has unjustifiably expanded the Terry exception to the probable cause requirement by creating a new category of exempt seizur…
23A655 Kristopher Dean Putnam v. United States Fifth Circuit 2024-01-17 Presumed Complete cell-phone-search exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant Question not identified.
23-6448 Stephen Dudley Brunson v. United States Fifth Circuit 2024-01-10 Denied Response WaivedIFP 4th-amendment arrest drug-interdiction fourth-amendment inevitable-discovery law-enforcement pretext probable-cause search-and-seizure traffic-stop Texas DPS Troopers stopped Stephen Brunson because his license plate was expired. They had planned, due to a tip they received, to ask for consent to …
23A612 Thurmond Allen v. Pennsylvania Pennsylvania 2024-01-03 Presumed Complete firearm-possession fourth-amendment hearsay-evidence probable-cause search-warrant warrantless-search Question not identified.
23-6355 Allan Leslie Sinanan, Jr. v. Pennsylvania Pennsylvania 2023-12-27 Denied IFP article-1-section-8 criminal-procedure drug-buys dunaway-v-new-york fourth-amendment probable-cause strickland-standard terry-stop terry-v-ohio warrantless-arrest WHETHER THE PENNSYLVANIA JUDICIARY'S APPLICATION OF THE Strickland/Pierce STANDARD WAS UNREASONABLE, WHERE TRIAL COUNSEL FAILED TO LITIGATE VIOLATIONS…
23-6352 LaDerrius Williams v. Illinois Illinois 2023-12-26 Denied Response WaivedIFP 4th-amendment civil-rights criminal-arrest criminal-procedure due-process owner-driver-inference probable-cause reasonable-suspicion search-and-seizure traffic-stop vehicle-ownership Whether Glover's owner-driver inference constitutes, not only reasonable suspicion to initiate a traffic stop of a motorist if the police have reason …
23-6353 Robert John Virnig v. Minnesota Minnesota 2023-12-26 Denied IFP 4th-amendment agency exclusionary-rule fourth-amendment government-informant home-office probable-cause search-and-seizure warrant-requirement warrantless-search Did the District Court err in ruling that the government informant was not acting as an agent of the government when, without a warrant or an exceptio…
23-684 Andrew Knapp, et al. v. Janice Brown Sixth Circuit 2023-12-26 Denied Response Waived adverse-effects-for-police clearly-established-law constitutional-rights detention law-enforcement probable-cause probable-cause-determination qualified-immunity sixth-circuit warrantless-arrest 1. Did the Sixth Circuit err in denying qualified immunity to four police officers involved in a warrantless arrest and detention in the absence of cl…
23-6327 Noel Garcia v. Philadelphia District Attorney's Office, et al. Third Circuit 2023-12-22 Denied IFP absolute-immunity civil-rights constitutional-restrictions due-process false-arrest freedom-of-movement judicial-proceeding probable-cause unlawful-arrest DID THE UNITED STATES DISTRICT COURT AND THE COURT OF APPEALS FOR THE THIRD CIRCUIT OF PENNSYLVANIA ERRED IN DETERMINING DEFENDANTS ARE ENTITLED TO AB…
23-6319 Lacarl Dow v. United States Ninth Circuit 2023-12-21 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights due-process evidence-suppression fourth-amendment franks-hearing probable-cause suppression-of-evidence warrant-application (1) Did the affiant officer intentionally or recklessly make false or misleading statements or omissions in support of the warrant? (2) Was the false…
23-6158 Derrick Hunt v. United States Eleventh Circuit 2023-12-06 Denied Response WaivedIFP 4th-amendment child-pornography criminal-procedure evidence fourth-amendment motion-to-suppress probable-cause search-and-seizure search-warrant Did the District Court abuse its discretion in denying Defendant's Motion to Suppress the Search of his computer when the Police searched pursuant to …
23-597 Robin Mayfield, et al. v. Butler Snow, L.L.P., et al. Fifth Circuit 2023-12-05 Denied Response Waived civil-rights comparator-evidence first-amendment fourth-amendment probable-cause retaliatory-arrest warrant-based-arrest 1. Whether, in the case of an alleged retaliatory arrest in violation of the First Amendment, Nieves v. Bartlett requires a plaintiff to identify othe…
23-6132 Chamone Ranell Russell v. Stark County Job and Family Services, et al. Sixth Circuit 2023-11-29 Denied IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure UuK-) u^fcLs vd ccofi' aWtfigscL_tflXtoL. sV<A&5 (f APf®S ■} ^, CyA <^kv4 rr^-1 ^e^fVT IjVW U5\V\ ^ (o^ ~ 6>-SL (Y>V 6°tv 1'8' \M>^.jioa^*c^v *> 't
23-541 Michael Donnellon, Deputy, et al. v. John Jordan Tenth Circuit 2023-11-20 Denied Response RequestedRelisted (2) arrest civil-rights excessive-force first-amendment fourth-amendment free-speech law-enforcement probable-cause qualified-immunity 1. Whether the Tenth Circuit's use of Hill's First Amendment analysis negated the objective Fourth Amendment standard of Maryland v. Pringle, 540 U.S.…
23-6066 Kirk Lamar Williams v. Washington Washington 2023-11-20 Denied IFP civil-rights constitutional-rights criminal-procedure discovery-violations due-process evidence-suppression fourth-amendment ineffective-assistance-of-counsel probable-cause prosecutorial-misconduct search-and-seizure speedy-trial Question not identified.
23-530 Terrence R. Yoast v. Pottstown Borough, Pennsylvania, et al. Third Circuit 2023-11-17 Denied excessive-bail false-arrest false-imprisonment fourth-amendment heck-doctrine malicious-prosecution probable-cause qualified-immunity section-1983 warrantless-arrest warrantless-entry 1. Under the Fourth Amendment's in-presence requirement, a police officer who conducts a warrantless arrest on a person accused of a misdemeanor, or l…
23-520 Titus Thompson v. United States Second Circuit 2023-11-16 Denied Response Waived fourth-amendment illinois-v-gates informant-reliability oath probable-cause totality-of-circumstances warrant warrant-issuance Whether the bottom has fallen out of the "totality of the circumstances" standard established by Illinois v. Gates, 462 U.S. 213 (1983) for evaluating…
23-6034 Alfredo Sanchez Barboza v. Pennsylvania Pennsylvania 2023-11-16 Denied Response WaivedIFP 4th-amendment contraband exclusionary-rule fourth-amendment inevitable-discovery inventory-search probable-cause standardized-protocol subjective-motivation Whether, upon application of the inevitable discovery doctrine, a hypothetical search pursuant to the inventory search exception to the Fourth Amendme…
23-6006 Delando Johnson v. United States Sixth Circuit 2023-11-14 Denied Response WaivedIFP drug-investigation fourth-amendment good-faith-exception leon-exception nexus nexus-requirement probable-cause residential-search search-warrant 1. Whether an application for a warrant to search a home for drugs must contain objective evidence of a nexus between the evidence sought and the resi…
23-499 Jesus Leonardo Esquivel-Carrizales v. United States Fifth Circuit 2023-11-13 Denied Response Waived 4th-amendment companion-suspicion criminal-activity drug-crime fourth-amendment investigative-stop law-enforcement probable-cause reasonable-suspicion traffic-stop While out shopping five days before Christmas, Petitioner had a brief interaction in the public parking lot of a shopping center with a man agents sus…
23-5982 Garnet Small v. United States Third Circuit 2023-11-09 Denied Response WaivedIFP equal-protection fourth-amendment law-enforcement pretextual-stop probable-cause racial-profiling reasonable-suspicion traffic-stop traffic-stops whren-v-united-states Whether this Court's decision in Whren v. United States, 517 U.S. 806 (1996), should be overruled.
23-5988 Robert Benjamin Stout v. Sergeant Johnson, et al. Fourth Circuit 2023-11-09 Denied IFP civil-rights driver's-license due-process fourth-amendment license-checkpoint obstruction-of-justice probable-cause reasonable-suspicion roadway-safety Question #1: Are police, absent reasonable suspicion, permitted to conduct driver's license checkpoints, or roadway safety checkpoints requiring drive…
23-5953 Michael Muthee Munywe v. Julie Dier, et al. Ninth Circuit 2023-11-06 Denied IFP 42-usc-1983 civil-liberties civil-rights constitutional-rights due-process equal-protection fourth-amendment law-enforcement police-misconduct probable-cause qualified-immunity search-and-seizure Question not identified.
23-5952 Semaj Lemar Williams v. United States Sixth Circuit 2023-11-03 Denied Response WaivedRelisted (2)IFP 4th-amendment detention evidence-suppression exclusionary-rule fourth-amendment probable-cause reasonable-suspicion search-and-seizure traffic-stop I. Mr. Williams moved to suppress the evidence related to the controlled substances because he was unlawfully detained when there was no reasonable su…
23-446 Junjie Li v. Rhode Island Rhode Island 2023-10-27 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights decriminalization drug-enforcement fourth-amendment marijuana-odor probable-cause reasonable-suspicion search-and-seizure traffic-stop Whether the slight odor of marijuana coming from within a car stopped for a passenger's seatbelt violation, in a state where possession of one ounce o…
23-5903 Nathan Russell Cates v. United States Tenth Circuit 2023-10-27 Denied IFP criminal-procedure dog-sniff drug-dog-alert fourth-amendment harris-v-florida motion-to-suppress probable-cause rule-16 vehicle-search This case involves a circuit split over the materiality of a drug dog's training and performance records under Federal Rule of Criminal Procedure 16, …
23-5862 Benancio Castaneda v. United States Fifth Circuit 2023-10-24 Denied Response WaivedIFP acceptance-of-responsibility canine-sniff drug-investigation fourth-amendment probable-cause reasonable-suspicion search-and-seizure traffic-stop vehicle-search Narcotics agents were surveilling a house based on unidentified "concerned citizen" calls of a high volume of short-stay traffic. Without corroboratin…
23-5797 In Re Deryl Dude Nelson 2023-10-18 Dismissed IFP arrest-warrant complaint complaint-validity fourth-amendment ineffective-assistance judicial-finding judicial-hearing probable-cause statutory-requirement The magistrate issued an arrest warrant without probable cause based on a complaint that was not sworn to but instead signed by an unknown person func…
23-398 Henry H. Howe v. Steven Gilpin, et al. Eighth Circuit 2023-10-17 Denied Response WaivedRelisted (2) confidential-informant criminal-investigation dishonesty-and-false-statement law-enforcement probable-cause reckless-disregard rule-609 warrant-affidavit Whether complete omission from an arrest warrant of a primary confidential informant's multiple prior Rule 609 [F.R.Evid.] "dishonesty and false state…
23-5809 Bryce Jackson v. Tony Golick, et al. Ninth Circuit 2023-10-17 Denied IFP 5th-amendment civil-procedure civil-rights constitutional-law criminal-procedure due-process exclusionary-rule fourth-amendment government-liability probable-cause search-and-seizure standing Question not identified.
23-396 Bowe Marvin v. David Holcomb, et al. Seventh Circuit 2023-10-16 Denied 4th-amendment civil-rights due-process excessive-force fourth-amendment in-home-arrest law-enforcement-conduct probable-cause warrantless-arrest 1. Whether there is a exception to requiring probable cause of a felony for in-home arrests without a warrant? 2. Whether excessive force is allowed …
23-5775 Suvad Dardagan v. Charles Truitt, Warden Illinois 2023-10-12 Denied IFP affirmation charging-instrument executive-branch fourth-amendment judicial-determination oath probable-cause warrant warrant-requirement I. The Fourth Amendment of the United States Constitu tion, apt of being jurisdictional in and of itself, requires Warrants issued upon probable cau…
23-5735 Michael James French v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview Third Circuit 2023-10-10 Denied Relisted (2)IFP aggravated-assault constitutional-rights criminal-law due-process exculpatory-evidence plea-bargaining plea-deal probable-cause sentencing serious-bodily-injury wrongful-conviction (1) What ; "Definitive Actions Committed" , [Constitutes] the violent felony of the first degree ; ("Aggravated Assault With Serious Bodily Injury") -…
23-5717 Ronnie Shahar v. United States Ninth Circuit 2023-10-04 Denied Response WaivedIFP civil-rights coin-seizure due-process expert-testimony forfeiture forfeiture-proceedings import-regulations metallurgical-evidence probable-cause seizure standing summary-judgment I. What is the level of proof required from the US Government when it seizes mutilated or damaged coins imported from Chinese recycling factories and…
23-5696 Elvins Sylvestre v. United States First Circuit 2023-10-03 Denied Response WaivedIFP 4th-amendment controlled-purchases informant-reliability law-enforcement probable-cause search-warrant warrant-sufficiency Was there sufficient probable cause for the issuance of the search warrant where law enforcement officers failed to fully supervise a series of contro…
23-331 James Doe v. Gladys Pisani, et al. Second Circuit 2023-09-29 Denied abuse-of-discretion disputed-facts interlocutory-appeal jury-trial material-facts probable-cause qualified-immunity summary-judgment Whether the Court of Appeals erred in concluding that "arguable probable cause" can support a claim for qualified immunity on summary judgment after t…
23-327 John Canada v. United States Tenth Circuit 2023-09-28 Denied appellate-review clear-error fourth-amendment motion-to-suppress ornelas-standard ornelas-v-united-states probable-cause standard-of-review suppression-hearing Whether the review of the evidence in a suppression-hearing record "in the light most favorable to the government" conflicts with Ornelas's standard o…
23-5624 Charles M. Porter v. United States District Court for the Middle District of Florida Eleventh Circuit 2023-09-21 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights criminal-procedure due-process extraordinary-circumstances judicial-discretion law-enforcement probable-cause trial-court-error warrantless-arrest The sole point of this petition is the fact that Petitioner was arrested without probable cause. Hence, therefore, the warrantless arrest was unlawful…
23-5615 Roosevelt L. Linicomn, Jr. v. District Attorney, 482nd Judicial District Court of Texas, Harris County, et al. Fifth Circuit 2023-09-19 Denied IFP 42-usc-1985 4th-amendment civil-rights constitutional-rights due-process law-enforcement probable-cause warrant-validity warrants Appeal Case #23-20100- "Questions of Law" Does the Constitution ensure that a person is entitled to section 242 of title 18..? (If a person is truly d…
23-221 Andrew H. Zoellick v. Wisconsin Wisconsin 2023-09-08 Denied Response Waived 4th-amendment civil-rights due-process fourth-amendment jurisprudential-definition mitigating-factors probable-cause reasonable-suspicion totality-of-circumstances totality-of-the-circumstances Whether the absence of any jurisprudential definition of the term "totality," as applied to the totality of the circumstances test under the Fourth Am…
23-206 Jerry Lynn Burns v. Iowa Iowa 2023-09-06 Denied Response Waived civil-rights criminal-procedure dna-collection fourth-amendment privacy-rights probable-cause search-and-seizure warrantless-search Does the State's warrantless search of a person's unavoidably shed DNA violate the Fourth Amendment where the individual has never been arrested or co…
23-5507 Carlos Green v. United States Fourth Circuit 2023-09-01 Denied Response WaivedIFP civil-procedure evidentiary-hearing fourth-amendment leasehold-transfer motion-to-suppress privacy-interest probable-cause real-estate search-and-seizure IL Whether the Trial Court Erred and Violated Petitioner's Fourth Amendment Rights in Summarily Denying Petitioner's Motion to Suppress Without an Evi…
23-5490 Franklin Paul Eller, Jr. v. United States Ninth Circuit 2023-08-31 Denied Response WaivedIFP circuit-split exclusionary-rule fourth-amendment fourth-amendment-violation probable-cause search-warrant severance-doctrine warrant-overbreadth (1) Is severance of any overbroad warrant a permissible exception to the exclusionary rule; and if so, (2) What it is the appropriate method to deter…
23-5481 Festus Okwudili Ohan v. Armando B. Fontoura, Sheriff, Essex County, New Jersey, et al. Ninth Circuit 2023-08-30 Denied Relisted (2)IFP civil-rights digital-privacy due-process excessive-force false-arrest fourth-amendment law-enforcement malicious-prosecution probable-cause retaliation traffic-stop warrantless-search Question not identified.
23-188 Robert Dayon Dumas v. United States Eleventh Circuit 2023-08-29 Denied Response Waived credibility fifth-amendment fourth-amendment miranda-rights probable-cause search-and-seizure vehicle-search warrantless-search 1. Did the district court err in finding no Fourth or Fifth Amendment violation based upon the court's credibility determination on Deputy Denbo. 2. …
23-5473 Arnez J. Salazar v. United States Seventh Circuit 2023-08-29 Denied Response WaivedIFP arizona-v-gant closed-container fourth-amendment law-enforcement probable-cause reaching-distance search-incident-to-arrest secured-arrestee vehicle-search warrantless-search Whether this Court's opinion in Arizona v. Gant, 556 U.S. 332 (2009) created a two-part test that requires an arrestee to be unsecured and within reac…
23-5475 Elmer Wayne Zahn v. United States Eighth Circuit 2023-08-29 Denied Response WaivedIFP color-of-authority exclusionary-rule fourth-amendment gross-negligence police-misconduct probable-cause reckless-disregard warrant-database warrant-system When police threaten individual liberty of the citizens whom they serve, lack responsibility to maintain simply . the integrity of their warrant syst…
23-5428 Hector Gastelum Valenzuela v. United States Fifth Circuit 2023-08-24 Denied Response WaivedIFP 4th-amendment exigent-circumstances fourth-amendment law-enforcement motel-room motel-search probable-cause protective-sweep search-and-seizure warrantless-search Whether the mere presence of a person in a motel room—that officers believe contains drugs and a gun—creates exigent circumstances sufficient to justi…
23-5412 Keith Allen Shrum v. United States Eighth Circuit 2023-08-22 Denied Response WaivedIFP civil-rights due-process electronic-evidence evidence exigent-circumstances fourth-amendment fruit-of-the-poisonous-tree probable-cause search-and-seizure warrant warrant-specificity warrantless-search 1. Whether the exigent circumstances exception saves a warrantless seizure of a defendant's phone when law enforcement could have obtained a warrant a…
23-5396 Antoine Clark v. United States Third Circuit 2023-08-21 Denied Response WaivedIFP criminal-procedure exigent-circumstances fourth-amendment law-enforcement probable-cause title-iii wiretap wiretap-law 1. Whether this Court should set limits on whether law enforcement's selfcreated exigent circumstances provide justification for a Title III wiretap?
23-5378 Frank J. Capozzi v. United States Third Circuit 2023-08-17 Denied Response WaivedIFP constitutional-violation fourth-amendment franks-hearing fraud-on-court fraud-on-the-court miscarriage-of-justice probable-cause search-warrant I. Was the State search warrant obtained based on fraudulent, deceptive, misleading, and omitted statements that Magistrate Judge Richard Cronauer r…
23-5339 Jean Buteau Remarque v. United States Fourth Circuit 2023-08-11 Denied Response WaivedIFP arbitrary-enforcement civil-rights criminal-procedure double-jeopardy due-process fourth-amendment probable-cause section-2252A speedy-trial statutory-interpretation 1. Whether an unprecedented legal theory of receipt that relies on file name of unauthenticated screen shots as relevant unit of prosecution under Sec…
23-5302 Larry Rederick v. United States Eighth Circuit 2023-08-08 Denied Response WaivedIFP constitutional-rights eighth-circuit fourth-amendment law-enforcement probable-cause search-and-seizure traffic-stop traffic-stops unreasonable-search 1) Whether the Eighth Circuit Court of Appeals Decision Authorizes Unreasonably Prolonged Traffic Stops and Unreasonable Searching of a Separate Vehic…
23-5305 John Vaughn v. Nebraska Nebraska 2023-08-08 Denied Response WaivedIFP automobile-exception commercial-trains confrontation-clause fourth-amendment plain-smell-exception probable-cause search-and-seizure sixth-amendment warrant-requirement 1) Does the automobile exception to the warrant requirement of the Fourth Amendment apply to commercial trains? 2) Is there a plain smell exception t…
23-5251 Mark Edwin Guida v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-08-01 Denied IFP 4th-amendment 5th-amendment cell-phone-evidence criminal-procedure exclusionary-rule fourth-amendment illegal-search probable-cause search-and-seizure suppression-of-evidence warrant-requirement I. WAS EVIDENCE PRESENTED AT A TRIAL FOR MURDER SUBJECT TO THE EXCLUSIONARY RULE, WHERE SAID EVIDENCE WAS THE RESULT OF AN ILLEGAL SEARCH OF THE DEFEN…
23-5247 In Re David Jackson 2023-07-31 Dismissed IFP and post-conviction proceedings trial 14th-amendment 4th-amendment arrest-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fifth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel post-conviction-relief probable-cause retaliation search-and-seizure self-incrimination trial-procedure Whether the Unless Se.ocW and Se^re ft VioUhon of my ^ ^ ^Q-P h&brU&C'/ /c///9 <?f?| (4/nendtn€o-f-S fi^htS > uihAUr r'3^s" uihAUr r'3^s" rnyvoku °P …
23-5185 Yolanda Howard v. United States First Circuit 2023-07-25 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment investigative-detention law-enforcement-procedure probable-cause reasonable-suspicion rodriguez-v-united-states traffic-stop I. Did the Maine State Trooper's hunch that "there were a lot of drugs in this car" based solely on his initial encounter with Ms. Howard justify dela…
23-61 Martin E. O'Boyle, et al. v. Town of Gulf Stream, Florida Eleventh Circuit 2023-07-21 Denied Relisted (2) 42-usc-1983 civil-litigation first-amendment first-amendment-retaliation municipal-policy official-policy probable-cause retaliation 1. Whether the no-probable-cause requirement extends beyond claims for retaliatory criminal prosecution and arrest and applies to claims for retaliato…
23-50 Jascha Chiaverini, et al. v. City of Napoleon, Ohio, et al. Sixth Circuit 2023-07-20 Judgment Issued Amici (9)Relisted (2) 42-usc-1983 any-crime-rule charge-specific-rule circuit-split criminal-charges fourth-amendment malicious-prosecution probable-cause section-1983 To make out a Fourth Amendment malicious prosecution claim under 42 U.S.C. § 1983, a plaintiff must show that legal process was instituted without pro…
23-5112 Kashif M. Robertson v. Pennsylvania Pennsylvania 2023-07-17 Denied IFP fourth-amendment fourth-amendment-rights law-enforcement-procedure motor-vehicle-code probable-cause reasonable-suspicion seizure-duration traffic-stop unrelated-questioning 1. Whether the State Court's of Pennsylvania Committed Reversible Error by Lowering the Fourth Amendment Standard that Reviewing Court's Must Look at …
23-5078 Kendrick Ramon Page v. United States Eighth Circuit 2023-07-13 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment minimization minimization-requirement motion-to-suppress necessity probable-cause theory-of-defense-instruction wiretap wiretap-evidence 1. Whether the 8th Circuit erred by affirming the district court's denial of Page's MTS wiretap evidence because the necessary probable cause under 18…
23-5022 Ruben Ramirez-Rivera v. United States Eleventh Circuit 2023-07-03 Denied Response WaivedIFP drug-sniff fourth-amendment fruit-of-poisonous-tree law-enforcement motion-to-suppress probable-cause traffic-stop Whether Mr. Ramirez-River's Fourth Amendment rights were violated when his motion to suppress all fruits of an illegal traffic stop was denied?
22-7881 Leroy Henry Jr. v. United States Third Circuit 2023-06-27 Denied Response WaivedIFP anonymous-informant exclusionary-rule fourth-amendment good-faith good-faith-doctrine probable-cause search-and-seizure united-states-v-leon warrant-requirement 1. Whether United States v. Leon, 468 U.S. 897 (1984) was wrongly decided; and 2. Whether subsequent decisions of this Court and the lower courts have…
22-7853 Carlos Miguel Concepcion-Guliam v. United States First Circuit 2023-06-26 Denied Response WaivedIFP arrest criminal-procedure detention fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure search-warrant Should a writ of certiorari be granted to clarify whether an exception to the Fourth Amendment can be applied randomly or if law enforcement officers …
22-7726 Gary Leon Webster v. John Thurston, Arkansas Secretary of State Eighth Circuit 2023-06-07 Denied IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Question not identified.
22-1155 Douglas E. Wilcox v. Maine Maine 2023-05-30 Denied Response Waived constitutional-provision constitutional-rights field-sobriety-test fourth-amendment law-enforcement lower-courts probable-cause search sobriety-test Whether a field sobriety test is a search for which the Fourth Amendment requires probable cause.
22-7627 Denis Grushko v. United States Eleventh Circuit 2023-05-24 Denied Response WaivedIFP arrest-warrant circuit-split eleventh-circuit fourth-amendment home-entry law-enforcement payton-v-new-york probable-cause Whether the "reason to believe" standard in Payton v. New York, 445 U.S. 573 (1980) requires a showing of probable cause that a suspect is within the …
22-7629 Jose Luis Nunez v. United States Ninth Circuit 2023-05-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP circuit-split exigent-circumstances fourth-amendment inevitable-discovery probable-cause protective-sweep search-and-seizure warrant-requirement warrantless-search 1. Whether police may enter and perform a "protective sweep" of a home not proximate to an arrest scene and when they lack affirmative information sug…
22-7603 James Snyder v. Aaron Krieger, Warden, et al. Ninth Circuit 2023-05-19 Denied Response WaivedIFP border-search civil-procedure civil-rights due-process electronic-privacy fourth-amendment judicial-misconduct prison-conditions probable-cause search-and-seizure standing warrantless-search The OCR text provided is too degraded and illegible to accurately extract the "Question(s) Presented" section verbatim. While a "QUESTION(S) PRESENTED…
22-7592 Grace Woodham v. Tucker Scheffer New Hampshire 2023-05-18 Denied IFP abuse-of-discretion civil-rights digital-privacy due-process electronic-communications equal-protection fourth-amendment free-speech probable-cause search-and-seizure standing warrantless-search The OCR text provided is too degraded and illegible to accurately extract the "Question(s) Presented" section. While a section header labeled "QUESTIO…
22-7554 Samuel Terraye Windom v. United States Tenth Circuit 2023-05-15 Denied Response WaivedIFP controlled-buy drug-evidence fourth-amendment informant nexus nexus-requirement probable-cause search-warrant Whether a controlled drug transaction that takes place away from a suspect's home is sufficient to establish a nexus between the offense and the suspe…
22-7514 Joshua Brown v. United States Eighth Circuit 2023-05-11 Denied Response WaivedIFP 4th-amendment color-discrepancy fourth-amendment high-crime-area probable-cause reasonable-suspicion traffic-stop vehicle-registration A vehicle might appear to be a certain color, but its registration says that it should be a different color. This might happen if a motorist decide d …
22-1064 Dephne Nguyen Wright v. Texas Texas 2023-05-02 Denied Response Waived fourth-amendment habeas-corpus ineffective-assistance probable-cause search-warrant stale-evidence stale-information Whether the Texas courts' misapplication of this Court's precedent concerning "stale" search warrants requires a remand for reconsideration of petitio…
22-7440 Robert Christopher England v. United States Sixth Circuit 2023-05-02 Denied Response WaivedIFP 4th-amendment computer-forensics computer-search digital-evidence exclusionary-rule fourth-amendment motion-to-suppress probable-cause search-and-seizure warrant-requirement A. THE DISTRICT COURT ERRED WHEN IT DENIED MR. ENGLAND'S MOTION TO SUPPRESS THE SEARCH OF HIS COMPUTER
22-7401 Brandon Quane Hudson v. United States Fourth Circuit 2023-04-28 Denied Response WaivedIFP 4th-amendment criminal-procedure drug-trafficking fourth-amendment good-faith-exception magisterial-review magistrate-review probable-cause search-and-seizure search-warrant In this case, police executed a search warrant at a person's home based solely on the fact that said person was involved in the sale of drugs, when ot…
22-7370 Donte Lamont Dingle v. United States Fourth Circuit 2023-04-26 Denied Response WaivedIFP criminal-procedure de-novo-review discovery-rule-16 fourth-amendment franks-v-delaware franks-violation jencks-material probable-cause search-warrant standard-of-review Whether the Fourth Circuit's decision conflicts with prior decisions of this Court and another United States Court of Appeals, including its own, on t…
22-7379 Igor Grushko v. United States Eleventh Circuit 2023-04-26 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment law-enforcement loss-calculation probable-cause reasonableness reasonableness-standard search-and-seizure search-warrant sentencing-guidelines 1. WHETHER THE POLICE ENTERING A RESIDENCE TO EXECUTE A SEARCH WARRANT MUST POSSESS PROBABLE CAUSE THAT THE PERSON THEY ARE SEEKING IS INSIDE THE RESI…
22-1025 Sylvia Gonzalez v. Edward Trevino, II, et al. Fifth Circuit 2023-04-24 Judgment Issued Amici (23)Response RequestedResponse WaivedRelisted (4) arrest circuit-split civil-rights first-amendment free-speech government-record probable-cause qualified-immunity retaliation retaliatory-arrest standing 1. Whether the Nieves probable cause exception can be satisfied by objective evidence other than specific examples of arrests that never happened. 2.…
22-1018 Jeffrey L. Moeser v. Wisconsin Wisconsin 2023-04-20 Denied Response Waived constitutional-protection federal-courts-of-appeals fourth-amendment general-warrants individual-liberty law-enforcement oath-affirmation oath-or-affirmation probable-cause warrant-requirement The question presented is whether a sheriff (1) who indisputably did not make an oral or written oath or affirmation to anyone and (2) who falsely sig…
22-1011 Tony Holt v. City of Chicago, Illinois, et al. Illinois 2023-04-17 Denied Response Waived 4th-amendment appellate-court circuit-split civil-rights due-process evidentiary-standard illinois-v-gates judicial-precedent probable-cause standing Does the Appellate Court's bright-line rule on probable cause, which presumes that information from a purported victim is inherently reliable, violate…
22-7269 Melchor Karl T. Limpin v. Robert B. C. McSeveney, Judge, United States Immigration Court, et al. Ninth Circuit 2023-04-13 Denied Response WaivedIFP civil-rights due-process equal-protection fifth-amendment fourth-amendment immigration immigration-law probable-cause warrant-clause (1) Whether the statute 8 U.S.C. § 1226(a) ("On a warrant issued by the Attorney General, an alien may be arrested. ..") is constitutionally impermiss…
22-7264 Corey Shamon McKinney v. United States Tenth Circuit 2023-04-12 Denied Response WaivedIFP 4th-amendment civil-rights criminal-procedure drug-possession evidence-suppression fourth-amendment franks-v-delaware probable-cause search-warrant standing Question 1: Did a illegal search and seizute takeplace?
22-978 Jackie Jackson v. Ohio Ohio 2023-04-10 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 4th-amendment contraband criminal-procedure fourth-amendment law-enforcement lower-court-conflict police-conduct precedent probable-cause search search-and-seizure vehicle-search Where one police officer opens the door of a car, and another officer looks through the open door for contraband, have the police conducted a "search"…
22-7180 Tyshon Booker v. Tennessee Tennessee 2023-04-03 Dismissed IFP apprendi-v-new-jersey criminal-procedure fourteenth-amendment juvenile-court juvenile-transfer probable-cause reasonable-doubt sentencing sixth-amendment transfer-hearing The defendant in this case was sixteen when the alleged crime was committed. He was initially charged in Juvenile Court. He was transferred from Juven…
22-7167 Quentin Truley v. United States Eleventh Circuit 2023-03-31 Denied Response WaivedIFP civil-rights conspiracy constitutional-rights crime-of-violence criminal-procedure due-process hobbs-act ineffective-assistance plea-bargaining probable-cause sentencing (1) Under categorical approach, is 18 USC § 924(c)'s residual clause held as unconstitutionally vague, and predicated by Conspiracy to Commit Hobbs Ac…
22-7149 Eugene Hammond v. Karl Fort, Warden Georgia 2023-03-30 Denied Response WaivedIFP appeal civil-procedure dismissal due-process probable-cause standing lobemer jgmnLa ayprwne^ d&w*d fmtehk 4w&fid*n<M£ H€> rh-g door4s by dbismjssm& his !$s? &y frdbahbs d&v&B- 4e db^hci? . nJji&hwr %.& Sftmia, £iMrwuL …
22-7162 In Re Anthony Dewayne Lee Turner 2023-03-30 Denied IFP civil-rights due-process excessive-force fourth-amendment probable-cause warrantless-arrest On 10/*/21 H/a^WvJtY) aa jUx V'\A\noioa cc WWy 'X CO v^vic+jk) vov+Uoal- Woorrat^i" ^vvj\ \p\oO^ VioWt]rLf'oWoWx- daM£ot-p vn/Uuj J-td (P^vcxr dr^tJ w…
22-7112 Fuhai Li v. United States Third Circuit 2023-03-29 Denied Response WaivedRelisted (2)IFP certificate-of-appealability constitutional-claims due-process habeas-corpus judicial-review jurisdiction probable-cause procedural-default standard-of-review unconstitutional-search-and-seizure I. The Court of Appeals' decision denying Petitioner's request for a COA is Contrary to a decision of this court because it sidestepped the COA Proces…
22-943 Andre Verdun, et al. v. City of San Diego, California, et al. Ninth Circuit 2023-03-28 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) administrative-search fourth-amendment parking-enforcement precompliance-review probable-cause public-health-safety search-and-seizure warrant-requirement warrantless-searches The Fourth Amendment protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and…
22-7122 Quintel West v. Fredeane Artis, Acting Warden Sixth Circuit 2023-03-27 Denied Response WaivedIFP due-process effective-assistance-of-counsel expert-testimony fourth-amendment probable-cause prosecutorial-misconduct reckless-driving sixth-amendment warrantless-arrest I Detective Doyle testified that petitioner was arrested without a warrant for reckless driving. The reckless driving allegation is not supported by a…
22-7097 Monta Olander Jordan v. United States Fourth Circuit 2023-03-24 Denied Response WaivedIFP 4th-amendment exclusionary-rule fourth-amendment good-faith-exception gps-tracking leon-exception probable-cause search-and-seizure search-warrant Whether The Court Of Appeals Misapplied United States v. Leon , 468 U.S. 897 (1984) When It Affirmed The District Court's Refusal To Suppress All Evid…
22-862 Brooklyn Zavion Johnson v. West Virginia West Virginia 2023-03-10 Denied Response Waived 4th-amendment 5th-amendment consent-to-search due-process fifth-amendment fourth-amendment juvenile-rights probable-cause search-and-seizure warrantless-entry warrantless-search Whether Petitioner's 4th amendment right against unreasonable search was violated where police made warrantless entry into his hotel on the basis that…
22-6813 Joshua Glowacki v. United States Sixth Circuit 2023-02-17 Denied Response WaivedIFP child-pornography criminal-procedure due-process jury-determination jury-trial probable-cause restitution restitution-order search-warrant sentencing victim-rights After Petitioner pled guilty to a child pornography offense the district court awarded restitution of $10,000 to one victim, over Petitioner's objecti…
22-770 Ross M. Jackson v. Glenn Cowan, et al. Eleventh Circuit 2023-02-16 Denied Amici (1)Response Waived 1983 civil-rights civil-rights-conspiracy equal-protection first-amendment-speech internal-policies probable-cause public-forum retroactive-application retroactivity section-1983 It is the rare decision that presents multiple conflicts with other circuits. The Eleventh Circuit's decision in this case presents four §1983 conflic…
22-766 Edward Pinkney v. Berrien County, Michigan, et al. Sixth Circuit 2023-02-15 Denied civil-rights criminal-proceedings due-process fourteenth-amendment fourth-amendment probable-cause section-1983 unlawful-prosecution Petitioner was charged, subjected to pretrial proceedings, tried, convicted, and incarcerated for an act that the law does not make criminal. Petition…
22-6773 Ernest Adimora-Nweke v. Steven C. McCraw, in His Official Capacity as Director of the Texas Department of Public Safety, et al. Fifth Circuit 2023-02-14 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights class-action due-process in-forma-pauperis judicial-immunity probable-cause prosecutorial-immunity standing (1) Whether Petitioner's in forma pauperis status from state court applies post removal to Federal Court. (2) Whether Petitioner's appeal was in good…
22-6777 Fharis Denane Smith v. United States Sixth Circuit 2023-02-14 Denied IFP cell-phone circuit-split digital-privacy fourth-amendment good-faith law-enforcement-procedure probable-cause search-and-seizure search-warrant warrant-requirement To search a target's phone, does probable cause and good faith require a nexus between the target's phone and the crime demonstrated by case-specific …
22-747 Tracy Renee Pennington v. West Virginia West Virginia 2023-02-09 Denied Amici (3)Relisted (2) arrest-warrant circuit-split fourth-amendment fourth-circuit home-entry law-enforcement payton-v-new-york probable-cause When the police have an arrest warrant for a person, can they enter a home without probable cause that the person resides there and is present within?
22-6625 Ledger Lynn Hammonds, Jr. v. United States Fourth Circuit 2023-01-26 Denied Response WaivedIFP fourth-amendment fourth-circuit franks-hearing franks-v-delaware judicial-review material-omissions preliminary-showing probable-cause search-and-seizure warrant-challenge What is the proper test in determining whether or not a preliminary showing for a Franks hearing has been met when analyzing material omissions? Assu…
22-6552 Sergio Guerrero v. United States Ninth Circuit 2023-01-18 Denied Response WaivedIFP ammunition-possession bill-of-rights fourth-amendment lawful-materials probable-cause reasonable-suspicion second-amendment warrantless-arrest Is the Ninth Circuit's decision consistent with this Court's precedents?
22-625 W.A. Griffin v. Blue Cross Blue Shield Healthcare Plan of Georgia, Inc., et al. Eleventh Circuit 2023-01-09 Denied Response Waived civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the state of Georgia's mandatory provider assignment of benefit law drafted under Insurance Title 33 (Georgia § 33-24-54) is preempted by the …
22-6489 Brian Matthew Morton v. United States Fifth Circuit 2023-01-09 Denied Relisted (2)IFP 4th-amendment civil-rights good-faith probable-cause riley-v-california search-and-seizure Whether the pervasive role of cell phones in contemporary society alone can supply probable cause to believe that evidence of a known or suspected cri…
22-6427 Denver Sangster v. United States Third Circuit 2022-12-30 Denied Response WaivedIFP brady-vs-maryland confidential-informant confrontation-clause criminal-procedure good-faith-exception probable-cause search-and-seizure search-warrant There has been more than enough cases in the last few decades, where search warrants that lack probable cause has been accepted by all the lower Unite…
22-585 Halima Tariffa Culley, et al. v. Steven T. Marshall, Attorney General of Alabama, et al. Eleventh Circuit 2022-12-23 Judgment Issued Amici (15)Response RequestedResponse WaivedRelisted (3) civil-procedure civil-rights due-process judicial-forfeiture mathews-analysis probable-cause property-rights seizure-hearing speedy-trial takings In determining whether the Due Process Clause requires a state or local government to provide a post seizure probable cause hearing prior to a statuto…
22-6378 Angela Dee Garges v. United States Eighth Circuit 2022-12-22 Denied Response WaivedIFP dwelling-search fourth-amendment law-enforcement maryland-v-buie probable-cause protective-sweep reasonable-suspicion search-and-seizure 1. Whether the Eighth Circuit Court's determination that law enforcement officers may search an entire dwelling without probable cause or reasonable s…
22-563 Randall Greer, Individually and as Personal Representative of the Estate of Christopher Greer, Deceased v. James Haman, et al. Eleventh Circuit 2022-12-20 Denied Response Waived deadly-force fourth-amendment graham-v-connor jury-instruction law-enforcement probable-cause self-defense tennessee-v-garner use-of-force A law enforcement officer's use of deadly force in self-defense is not constitutionally unreasonable. Courts throughout the nation universally agree t…
22-6301 Relonzo Phillips v. Melody M. Maddox, Sheriff, DeKalb County, Georgia, et al. Eleventh Circuit 2022-12-14 Denied IFP bad-faith-prosecution civil-procedure civil-rights civil-rights-procedure due-process irreparable-injury probable-cause standing state-prosecution younger-doctrine 1.) Whether a state criminal prosecution brought "in bad faith"-i.e. "a prosecution that has been brought without a reasonable expectation of obtainin…
22-6286 John Yang v. United States Seventh Circuit 2022-12-12 Denied Response WaivedIFP 4th-amendment civil-rights criminal-activity fourth-amendment probable-cause reasonable-suspicion search-and-seizure traffic-stop vehicle-seizure 1. Whether the Fourth Amendment, U.S. Const. Amend. IV, permits a police officer to seize a vehicle and its occupants when the officer only knows that…
22-505 Tamika J. Pledger v. Gloria Geither, Warden Tenth Circuit 2022-11-30 Denied Response WaivedRelisted (2) 4th-amendment 5th-amendment affidavit arrest-warrant auto-accident civil-rights cruel-and-unusual-punishment due-process frank-v-delaware no-fault-auto-insurance probable-cause toxicology A. Does Affidavit for Application for Arrest Warrant include "false statements knowingly and intentionally, or with reckless disregard for the truth "…
22-6163 Noel Brown v. New York New York 2022-11-29 Denied Relisted (2)IFP criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel miranda-rights probable-cause speedy-trial Does the substantial holding in United States of America V. Demario CHATMON, (2nd Cir.), the court held"that because the initial seizure of defendant …
22-486 Texas v. John Wesley Baldwin Texas 2022-11-22 Denied 4th-amendment cell-phone cell-phone-search criminal-conspiracy fourth-amendment illinois-v-gates organized-crime probable-cause riley-standard riley-v-california search-warrant warrant-requirements In Illinois v. Gates, this Court held that a warrant's issuance "cannot be a mere ratification of the bare conclusions of others," but also that "warr…
22-6053 Charles Skaggs, Jr. v. United States Seventh Circuit 2022-11-14 Denied Response WaivedIFP border-search border-searches electronic-device electronic-devices fourth-amendment probable-cause reasonable-suspicion warrant-requirement warrantless-search I. Does the Fourth Amendment require that searches of electronic devices at the United States border be conducted pursuant to a warrant based on proba…
22-5996 Ricky D. Runner v. United States Fourth Circuit 2022-11-04 Denied Response WaivedIFP anonymous-informant cbd-oil fourth-amendment law-enforcement-search plain-view-doctrine probable-cause stem-pipe warrantless-search Whether the district court violated Ricky Runner's rights secured under the Fourth Amendment to the United States Constitution by concluding that the …
22-5925 Christopher Santillanes Ceja v. United States Ninth Circuit 2022-10-27 Denied Response WaivedIFP 4th-amendment criminal-investigation drug-trafficking fourth-amendment investigative-duration law-enforcement probable-cause reasonable-suspicion traffic-stop 1. Was the traffic stop of Mr. Ceja unreasonably prolonged when officers conducted two consecutive investigations, one for an alleged traffic violatio…
22-5888 Manolo Martinez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-10-24 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights due-process evidentiary-hearing franks-v-delaware habeas-corpus probable-cause Whether Petitioner was denied his U.S. Constitutional rights to due process based on the Eleventh Circuit Court of Appeal decision conflicting with we…
22-371 Pennsylvania v. Akim Sharif Jones-Williams Pennsylvania 2022-10-20 Denied Response Waived 4th-amendment blood-draw blood-testing exigent-circumstances mitchell-v-wisconsin motor-vehicle-incident probable-cause supreme-court-precedent warrantless-search Did the Pennsylvania Supreme Court issue a decision in conflict with, and fail to properly apply and follow, binding legal precedent from the United S…
22-370 Percy Utley v. City of Houston, Texas, et al. Fifth Circuit 2022-10-19 Denied Response Waived 5th-circuit burden-of-proof civil-procedure civil-rights due-process fifth-circuit judicial-review pleading-standard probable-cause 1. Whether the Fifth Circuit has so far departed from the accepted and usual application of the pleading standard as to require this Court's correctio…
22-5858 Heather Nicole Trogdon v. United States Eighth Circuit 2022-10-18 Denied Response WaivedIFP 4th-amendment 5th-amendment criminal-procedure eighth-circuit evidence fourth-amendment inevitable-discovery inventory-search policy probable-cause Does the inevitable discovery doctrine apply when it is based on the expectation that an inventory search of an arrestee's backpack will occur at the …
22-5863 Arlandis Shy v. United States Sixth Circuit 2022-10-18 Denied Response WaivedIFP 4th-amendment 6th-amendment apprendi-v-new-jersey due-process fair-trial fourth-amendment jury-instruction probable-cause search-warrant sixth-amendment unreasonable-search I. Whether the district court clearly erred by failing to properly instruct the jury, in violation of the holding in Apprendi v. New Jersey, 530 U.S. …
22-5809 Sirron Moralez v. United States Sixth Circuit 2022-10-12 Denied Response WaivedIFP constitutional-rights container fourth-amendment law-enforcement-conduct probable-cause search-and-seizure seizure totality-of-the-circumstances traffic-stop vehicle-search Does an empty container with "THC" on the cover justify an extended detention in a traffic stop and support the seizure of the driver and search of th…
22-5745 Deron Devaughn Mahone v. Georgia, et al. Eleventh Circuit 2022-10-03 Denied Response WaivedIFP 4th-amendment civil-rights due-process evidence-suppression fourth-amendment material-omission probable-cause qualified-immunity search-and-seizure search-warrant warrant-application \ tAjtfuui d CL \r<LOJSo le- (Lose h hft&uov)M<L s4-g_wJ cut Vs lc»ctrr'a-vr)' ahjVdd' /'4 4W+ 0^ -f'd"' 1-^4 -k> e,s»Wo^?4 h®- "sKou\ dde^r QJXJULS&…
22-307 Michigan v. Marcus Martell McCloud and Bruce Cliffin Edwards Michigan 2022-09-29 Denied Response Waived commonsense-judgments criminal-procedure detention frisk human-behavior law-enforcement officer-experience probable-cause reasonable-suspicion terry-stop weapons-frisk Police preparing to enter a suspected unlicensed after-hours drinking establishment to make an under-cover purchase removed the two respondents from j…
22-5653 Deryl Dude Nelson v. Michigan Michigan 2022-09-23 Denied IFP civil-rights criminal-procedure due-process evidence-hearing fourth-amendment fraud judicial-misconduct probable-cause standing state-court-procedure warrant-fraud A prosecutor and magistrate falsified a criminal complaint and warrant in the name of "The People of the State of Michigan" and "Keely Cochran" includ…
22-5672 Luan Van Nguyen v. United States Fifth Circuit 2022-09-23 Denied Response WaivedRelisted (2)IFP and whether the ineffective assistance of counsel 4th-amendment carjacking civil-rights constitutional-rights criminal-conspiracy exclusionary-rule ineffective-assistance probable-cause search-and-seizure sixth-amendment standing 1. Whether the Court of Appeals for the Fifth Circuit Erred in denied Nguyen Clearly his Constitutional claims are Correct when the Fifth Circuit had …
22-5583 John Doe v. Harris County, Texas, et al. Fifth Circuit 2022-09-15 Denied Response WaivedIFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Question not identified.
22-233 Paul Chretien v. United States Third Circuit 2022-09-13 Denied Response Waived child-pornography fourth-amendment google-cloud probable-cause search-warrant stale-evidence staleness Whether the Fourth Amendment allows a finding of probable cause for a search warrant for child pornography in a private home based solely, and without…
22-236 Jake J. McGovern v. Nebraska Nebraska 2022-09-13 Denied Response Waived cell-phone cell-phone-search exclusionary-rule fourth-amendment good-faith-exception overbroad probable-cause search-and-seizure warrant-scope 1. Is a warrant to search a cell phone overbroad, in violation of the Fourth Amendment, if it authorizes the search of evidence on the phone in additi…
22-222 Abelino "Abel" Reyna, et al. v. John Wilson, et al. Fifth Circuit 2022-09-12 Denied Response Waived 42-usc-1983 criminal-procedure due-process franks-rule franks-v-delaware grand-jury judicial-procedure probable-cause search-warrant section-1983 In Franks v. Delaware, 438 U.S. 154 (1978), this Court announced a rule of "limited scope" which allowed a criminal defendant to attack the veracity o…
22-5508 Hanford Chiu v. United States First Circuit 2022-09-06 Denied Response WaivedIFP criminal-procedure due-process exculpatory-evidence federal-rules-of-evidence fourth-amendment good-faith-exception probable-cause search-warrant Whether a faulty search warrant that was executed without probable cause and without a good faith exception violates Fourth Amendment protections. Wh…
22-5286 Jesse James Palato v. Dwayne Hamilton, et al. Ninth Circuit 2022-08-05 Denied Response WaivedRelisted (2)IFP 4th-amendment anonymous-messages anonymous-messaging certificate-of-appealability fourth-amendment probable-cause search-and-seizure social-media 1. WHAT IS THE PROBABLE CAUSE TO ARREST SOMEONE FOR ALLEGEDLY SENDING TWO ANONYMOUS MESSAGES FROM TWO DIFFERENT SOCIAL MEDIA PLATFORMS WHICH WAS NEIT…
22-5282 Cory Mingo v. Florida Florida 2022-08-04 Denied Response WaivedIFP 4th-amendment 6th-amendment cell-site-location-information criminal-procedure due-process fourth-amendment ineffective-assistance probable-cause search-and-seizure sixth-amendment warrantless-search Question One: Whether the Petitioner was deprived of the effective counsel where counsel failed to file a motion to suppress cell site location inform…
22-80 Frank Napolitano, et al. v. Laurence Washington Second Circuit 2022-07-27 Denied Response RequestedResponse WaivedRelisted (2) circuit-split credibility criminal-investigation law-enforcement probable-cause qualified-immunity subjective-intent warrant-application 1. Whether the Court of Appeals improperly denied qualified immunity by requiring an officer to disclose his subjective intent and state of mind in a …
22-5080 Jacky Cardale Mayfield v. Oklahoma Oklahoma 2022-07-12 Denied IFP confidential-witness due-process Fourth-Amendment Fourth-Amendment-search In-camera-hearing ineffective-counsel Probable-cause search-warrant Shackling Witness-testimony P/ff^OSihovi Search ujarfarti ISSu-eJ f,tarCf w/lPPe-llosiJs Pham ujas Qf.ne.rd m toalufe cmal lheJe. far~t unlawful m UiolafhW o( 1h£ faurih AlyienAm…
22-13 Nicholas James Imhoff v. United States Ninth Circuit 2022-07-05 Denied Response Waived 4th-amendment fourth-amendment probable-cause reasonable-suspicion rental-car search-and-seizure traffic-stop vehicle-search Whether a person driving a rental car is sufficient factual basis during a routine traffic stop to create reasonable suspicion to perform a vehicle se…
22-5022 Ronald Wayne Thrasher v. United States Ninth Circuit 2022-07-05 Denied Response WaivedIFP 4th-amendment civil-rights confidential-informant due-process fourth-amendment probable-cause search-warrant self-corroboration warrant-particularity 1. When probable cause in support of a search warrant is based on the word of a confidential informant, is it sufficient for law enforcement to establ…
22-5016 Christopher Lee Bryant v. United States Sixth Circuit 2022-07-01 Denied Response WaivedIFP corroboration criminal-procedure fourth-amendment police-investigation probable-cause recently-arrested-person search-and-seizure warrant warrant-requirement Does the Fourth Amendment require police officers to corroborate information obtained from a recently arrested person, whom officers did not know unti…
21-8197 Michael James Bosman v. United States Tenth Circuit 2022-06-22 Denied Response WaivedIFP alternatives criminal-procedure fourth-amendment law-enforcement-conduct police-conduct precedent probable-cause reasonableness reasonableness-standard search-and-seizure seizure Did the Tenth Circuit misapply this Court's precedent, and wrongly reject Mr. Bosman's Fourth Amendment claim, when it dismissed the availability of a…
21-8200 Daniel Louis Jackson v. United States Eighth Circuit 2022-06-22 Denied Response WaivedIFP fourth-amendment ineffective-assistance kimmelman-v-morrison privacy-rights probable-cause search-and-seizure standing strickland-v-washington warrant-particularity WHETHER COUNSEL PROVIDED INEFFECTIVE ASSISTANCE FOR FAILING TO FILE A MERITORIOUS MOTION TO SUPPRESS WHETHER SHERIFF LECLERE'S AFFIDAVIT SHOWED SUFFI…
21-8202 Eric Watkins v. Officer Shields, et al. Eleventh Circuit 2022-06-22 Denied IFP civil-procedure civil-rights digital-search due-process fourth-amendment government-action probable-cause property-rights search-and-seizure takings territorial-jurisdiction warrant-authority Question not identified.
21-8179 Terrance Washington v. Eric Tice, Superintendent, State Correctional Institution at Somerset, et al. Third Circuit 2022-06-17 Denied Response WaivedIFP civil-rights criminal-procedure fourth-amendment probable-cause search-and-seizure warrant-requirement l ^ «- > c« V PX-O *- VU- g < ^) ^ j ^!7Tr W ?*^ (^ f JLC^ It vt- on^ ^\) 2)^.* '*ft\ZAf*~ **< XoAAJ^-C^U/l^ VAA^^^VfT^T X.OOjifv1pj^0/\<5\\ o\ ^-yV…
21-8122 Jeremiah Henderson v. Austin K. McClain Fourth Circuit 2022-06-10 Denied IFP 42-usc-1983 civil-rights constitutional-tort first-amendment free-speech law-enforcement probable-cause retaliatory-arrest retaliatory-prosecution section-1983 Does probable cause defeat a retaliatory prosecution claim when there is strong circumstantial proof that a policeman initiated the prosecution to ret…
21-8037 Larry Blakney v. South Carolina Law Enforcement Division, et al. Fourth Circuit 2022-06-02 Denied Response WaivedIFP civil-rights due-process electronic-privacy fourth-amendment privacy probable-cause search-and-seizure standing traffic-stop warrantless-search Question not identified.
21-8038 Alberic Nault v. California California 2022-06-02 Denied Response WaivedIFP blood-draw breath-test fourth-amendment medical-condition probable-cause search-and-seizure unconscious warrant-requirement warrantless-search 1. Where a driver's medical condition precludes a reasonable opportunity to administer a breath test, does the Fourth Amendment always permit a warran…
21-1501 Orrilyln Maxwell Stallworth v. Rodney W. Hurst, et al. Eleventh Circuit 2022-05-31 Denied civil-procedure civil-rights constitutional-rights due-process law-enforcement probable-cause qualified-immunity section-1983 standing Whether the Court should recalibrate or reverse the doctrine of qualified immunity.
21-7993 Louis Neptune v. Andrew Carey, et al. Third Circuit 2022-05-27 Denied IFP 4th-amendment civil-rights due-process ex-parte-communication federal-procedure judicial-immunity probable-cause procedural-rules recusal standing No sworn affidavit from a victim, no evidence of a crime, no 2 witnesses to a crime. 4th amendment is clear. NO IMMUNITY FRCP RULE 12 A (i) states a p…
21-7954 Jordan Monroe v. United States First Circuit 2022-05-25 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights district-court-discretion exclusionary-rule fourth-amendment prima-facie-showing probable-cause search-and-seizure warrant warrant-validity 1. Is the warrant herein/ (PEX1)/ an invalid search and seizure warrant that was issued to search the premises of Petitioner's home? 2. Does a Distri…
21-1482 Dequantey Maurice Williams v. United States Fourth Circuit 2022-05-25 Denied Response Waived 4th-amendment criminal-procedure evidence fourth-amendment law-enforcement motion-to-suppress plain-view-doctrine probable-cause search-and-seizure vehicle-search Whether the United States District Court For The Middle District Of North Carolina Erred in Denying Mr. Williams 's Motion to Supress evidence related…
21-1486 Nancy Catherine Powers v. Alabama Alabama 2022-05-25 Denied Response RequestedResponse WaivedRelisted (2) fourth-amendment premises-warrant probable-cause search-and-seizure search-warrant totality-of-the-circumstances unreasonable-search visitor visitor-rights warrantless-search 1. Whether the search of a purse in the possession of a visitor present at a residence during the execution of a premises warrant violates the Fourth …
21-7950 Enrique Alejandro Faz v. United States Fifth Circuit 2022-05-24 Denied Response WaivedIFP 4th-amendment burden-of-proof constitutional-responsibility drug-conversation drug-evidence due-process evidence-discovery government-agent probable-cause warrantless-search - Whether it is unconstitutional to derive from an alleged phone call that the conversation is about drugs simply because an ag ent of the government…
21-7934 Robert Cash Scheuerman v. Kansas Kansas 2022-05-20 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment fourth-amendment passenger-rights privacy probable-cause search-and-seizure standing vehicle-search Whether passengers are categorically unable to challenge the search of a car in which they are the riding unless they can show an ownership or possess…
21-1466 Lenard Johnson v. Richard Winfrey, Jr., et al. Fifth Circuit 2022-05-20 Denied 4th-amendment affidavit civil-rights damages-claim franks-v-delaware law-enforcement probable-cause qualified-immunity section-1983 warrant-affidavit In Franks v. Delaware, 438 U.S. 154, 155-56 (1978), the Court identified a right of "limited scope" "that [applies], where [a criminal] defendant make…
21-7899 Francis Paul Sicola v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-05-18 Denied IFP criminal-procedure exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Question not identified.
21-7848 Martin Ibarra-Ozuna v. United States Ninth Circuit 2022-05-12 Denied Response WaivedIFP collective-knowledge-doctrine constitutional-limits law-enforcement officer-request pretext-stops probable-cause reasonable-suspicion united-states-v-hensley vehicle-stop whiteley-v-warden A. When officers who have probable cause for an arrest or vehicle stop request another officer to take only a particular, limited action, does the "co…
21-7820 Darron Thomas v. United States Third Circuit 2022-05-10 Denied Response WaivedIFP 4th-amendment civil-procedure civil-rights due-process federal-jurisdiction fourth-amendment judicial-misconduct judicial-recusal mandamus-petition probable-cause standing 1. "HA" is hereafter used or "hereafter." With respect to (wrt) "appeals" of Case 2:21-cv-03683-GJP Thomas v June et al (HA, Case 03683), and U.S. v. …
21-7821 Mandrail Jamar Woodberry v. United States Fourth Circuit 2022-05-10 Denied Response WaivedIFP constitutional-rights criminal-law digital-privacy due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel plea-bargaining probable-cause sentencing unreasonable-search warrantless-search Question not identified.
21-7808 John Edward McIntyre v. United States Fifth Circuit 2022-05-09 Denied Response WaivedIFP criminal-interdiction criminal-procedure equal-protection fourth-amendment high-crime-neighborhood high-crime-neighborhoods law-enforcement probable-cause racial-profiling targeted-enforcement traffic-stop In Whren v. United States, 517 U.S. 806 (1996), this Court held that for purposes of the Fourth Amendment, a police officer's subjective motivation fo…
21-7785 Jose Mena-Valdez v. United States Eighth Circuit 2022-05-05 Denied Response WaivedIFP 4th-amendment criminal-procedure law-enforcement probable-cause vehicle-search warrantless-search Did law enforcement officers have probable cause to conduct a warrantless search of the vehicle driven by the Defendant.
21-1423 Anthony Hoti v. City of Warren, Michigan Michigan 2022-05-05 Denied Response WaivedRelisted (3) arrest-authority civil-rights due-process jury-selection jury-tampering law-enforcement-discretion probable-cause prosecutorial-misconduct standing trial-procedure 1. On 12/11/2017 the City of Warren attorney Caitlin Murphy and the sitting juror Susan Palombo had prior secret conversations before the jury trial s…
21-7764 Kelvin Jones v. South Carolina South Carolina 2022-05-03 Denied Response WaivedIFP anonymous-complaints fourth-amendment marijuana-evidence marijuana-use probable-cause search-warrant trash-pull Whether the Fourth Amendment prohibits the search of a home pursuant to a search warrant based solely on anonymous complaints of short-term traffic an…
21-7753 Levi Miller v. United States Eighth Circuit 2022-04-29 Denied Response WaivedIFP affidavit affidavit-sufficiency circuit-split franks-standard franks-v-delaware judicial-review material-omissions police-misconduct probable-cause remedy search-warrant Under Franks v. Delaware, 438 U.S. 154, 171-72 (1978), when the police deliberately mislead by omitting material information from an application for a…
21-7734 Bruce Mitchell Nicholson v. United States Eleventh Circuit 2022-04-28 Denied Response WaivedIFP civil-procedure criminal-procedure exclusionary-rule fourth-amendment probable-cause reasonableness search-warrant time-limit Does a violation of a time-limit prescribed in a search warrant render a search unreasonable under the Fourth Amendment?
21-7732 Oji Konata Markham v. Vicki Janssen, Warden Eighth Circuit 2022-04-27 Denied IFP brady-violation court-of-appeals due-process fair-trial fourth-amendment ineffective-assistance prejudice probable-cause sixth-amendment warrantless-arrest 1. Whether the court of appeals properly assess prejudice when it considered the Brady v. Maryland, 373 U.S. 83 (1963) violation ? a. Rulings below: T…
21-7699 Eugene Nicholson v. United States Sixth Circuit 2022-04-26 Denied Response WaivedIFP constitutional-rights exclusionary-rule fourth-amendment fourth-amendment-exclusionary-rule good-faith-exception motion-to-suppress probable-cause search-and-seizure search-warrant Question not identified.
21-7685 Carlos Delgado, aka Los v. United States Second Circuit 2022-04-22 Denied Response WaivedIFP confidential-informant fourth-amendment franks-hearing law-enforcement probable-cause reckless-disregard roviaro-v-united-states search-and-seizure warrant-affidavit Did the DEA task force agent act with reckless disregard for the truth when omitting material information that militated against a finding of probable…
21-7677 Kyle Maurice Parks v. United States Eighth Circuit 2022-04-21 Denied Response WaivedIFP confrontation-clause constitutional-violation criminal-conviction due-process fabricated-evidence fourth-amendment human-trafficking illegal-search probable-cause search-and-seizure warrant (1) Whether the district Court acted properly when it was denied 28 U.S.C. §2255 relief to the petitioner when evidence reveals law enforcement misco…
21-7597 Clifford Idris Bell v. United States Sixth Circuit 2022-04-12 Denied Response WaivedIFP confidential-informant criminal-procedure fourth-amendment law-enforcement personal-residence probable-cause search-and-seizure search-warrant warrant Whether the Fourth Amendment prohibits the issuance of a warrant and the subsequent search of a personal residence based solely on a confidential info…
21-1344 Christin Campbell-Martin and Adam Scott Leiva v. United States Eighth Circuit 2022-04-11 Denied and established the arrestee's identity secured the arrestee in a police car 4th-amendment arrest-search criminal-procedure established-identity false-identification fourth-amendment incident-to-arrest police-procedure probable-cause search-and-seizure search-incident-to-arrest secured-arrestee vehicle-search In Arizona v. Gant , this Court held, "Police may search a vehicle incident to a recent occupant's arrest only if the arrestee is with in reaching dis…
21-7431 William Nobles v. United States Eleventh Circuit 2022-03-23 Denied Response WaivedIFP constitutional-infirmity exclusionary-rule fourth-amendment good-faith-exception law-enforcement-misconduct magistrate-review probable-cause warrant-requirement warrant-validity Whether the good-faith exception should apply when law enforcement officers bury a crucial fact that they knew or should have known would reveal a war…
21-1242 Chad Chronister, Sheriff, Hillsborough County, Florida, et al. v. Andrew Joseph, Jr., as Natural Father, Next Friend, and Personal Representative of the Estate of Andrew Joseph, III, Deceased Eleventh Circuit 2022-03-14 Denied article-iii article-iii-standing case-or-controversy circuit-court circuit-court-precedent probable-cause qualified-immunity sovereign-immunity standing supreme-court-precedent (1) This Court and several Circuit Courts of Appeals have held that federal courts should not reach the merits of a case, including issues such as sov…
21-7344 Edwin Calligan v. United States Seventh Circuit 2022-03-11 Denied Response WaivedIFP anticipatory-warrant contraband fourth-amendment judicial-review probable-cause search-warrant triggering-event A panel of the United States Court of Appeals for the Seventh Circuit ruled: "...[t]he warrant was not anticipatory " because "...[n]o language in the…
21-7287 Ivan Cruz-Rivera v. United States First Circuit 2022-03-08 Denied Response WaivedIFP 4th-amendment criminal-procedure fourth-amendment informant informant-tip law-enforcement police-officer probable-cause reasonable-suspicion search-and-seizure Whether It Is Not Necessary To Evaluate The Basis Of Knowledge Underlying An Informant's Tip If The Informant Is A Police Officer.
21-7313 Domonick Deshay Wright v. United States Eighth Circuit 2022-03-08 Denied Response WaivedIFP 4th-amendment civil-rights due-process excessive-force fourth-amendment law-enforcement police-misconduct probable-cause qualified-immunity reasonable-suspicion search-and-seizure traffic-stop Question not identified.
21-7298 Dennis Allen Conte, III v. Maryland Maryland 2022-03-07 Denied IFP 4th-amendment civil-rights constitutional-law constitutional-rights due-process fourth-amendment law-enforcement probable-cause search-and-seizure standing Did the Lower courts Violate Mr. Conte's Constitutional Right, Mr. Conte's Fourth Amendment?
21-7277 Sadeen Jones v. Pennsylvania Pennsylvania 2022-03-04 Denied IFP carpenter-v-united-states cell-site-location-information criminal-procedure fourth-amendment inevitable-discovery initial-illegal-search probable-cause search-and-seizure search-warrant warrant-requirement A. Is this matter so identical to Carpenter v. United States, 138 S. Ct. 2206 (2018) that like that case, this Petition for WRIT OF CERTIORARI should …
21-7279 Charlie Foster v. United States Eighth Circuit 2022-03-04 Denied Response WaivedIFP civil-rights constitutional-law detention due-process fourth-amendment law-enforcement probable-cause search-and-seizure traffic-stop Consistent with the Fourth Amendment, may a law enforcement officer extend a traffic stop by asking for a driver's license and registration after the …
21-7281 Kevin Debnam v. Javier Salazar, Sheriff, Bexar County, Texas, et al. Fifth Circuit 2022-03-04 Denied IFP 4th-amendment civil-rights due-process police-misconduct probable-cause unlawful-arrest Question not identified.
21-7274 Kaleb L. Basey v. United States Ninth Circuit 2022-03-03 Denied Response WaivedIFP 18-usc-2703 digital-privacy electronic-communications email-preservation fourth-amendment probable-cause reasonable-jurists search-and-seizure warrantless-search Whether reasonable jurists could disagree with the district court's decision that the initial and continuous, nine-month warrantless preservation of B…
21-1199 Sally Gaetjens v. City of Loves Park, Illinois, et al. Seventh Circuit 2022-03-02 Denied Response Waived civil-rights due-process emergency-aid exigent-circumstances fourth-amendment home-entry probable-cause standing warrant-requirement This case squarely presents two important federal questions regarding the scope of the exigent circumstances exception to the Fourth Amendment's warra…
21-7182 Ernest Judge Smith, III v. Florida Florida 2022-02-24 Denied IFP due-process exigent-circumstances fourteenth-amendment fourth-amendment knock-and-announce law-enforcement-tactics probable-cause search-and-seizure unreasonable-search warrantless-arrest 1. Isn 't the Fourth and Fourteenth Amendments violated when exigent circumstances are created through police officers use of unreasonable law enforce…
21-7157 Richard Lucas v. United States Second Circuit 2022-02-18 Denied Response WaivedIFP circuit-split cocaine cocaine-definition controlled-substances criminal-arrest criminal-procedure plain-error probable-cause statutory-interpretation 1. If a state statue's definition of "cocaine " differs from the federal definition of "cocaine" based on the plain, unambigu ous language of the sta…
21-7153 Arthur Miles v. United States First Circuit 2022-02-17 Denied Response WaivedIFP constitutional-rights fourth-amendment inception-of-stop law-enforcement narrow-shoulder probable-cause reasonable-suspicion traffic-stop weather-conditions Can facts observed or learned by a police officer after he decided to initiate a traffic stop, which traffic stop was delayed a short distance only ba…
21-7114 Robert Noel Smith v. Florida Florida 2022-02-15 Denied Response WaivedIFP 4th-amendment exigent-circumstances felony-fleeing fourth-amendment fresh-pursuit home-entry lange-v-california misdemeanant-pursuit probable-cause vehicle-registration warrantless-search Can State courts lawfully hold evidence admissible obtained froma warrantless search, seizure, and arrest where an officer entered the residence of a …
21-7104 Jeffrey Ryan Simmermaker v. Cedar County Sheriff's Department, et al. Eighth Circuit 2022-02-11 Denied Response WaivedIFP 42-usc-1983 civil-procedure civil-rights confidential-informant due-process fourth-amendment heck-bar heck-barr probable-cause search-warrant section-1983 standing 1. ) Did the court err in it's HECK BARR determination? 2. ) Did the magistrate rely on fraudulent, fabricated and uncorr oborated evidence? 3. ) W…
21-7089 LeAndre Jordan v. Ohio Ohio 2022-02-09 Denied Amici (1)Response WaivedIFP 4th-amendment civil-rights constitutional-reasonableness exigent-circumstances fourth-amendment law-enforcement probable-cause unreasonable-seizure warrant-requirement warrantless-arrest Are warrantless, probable cause arrests reasonable when no exigency or contemporaneous crimes are present to excuse the failure to obtain a warrant? …
21-7024 Edgar Manuel Sierra-Serrano v. United States Eighth Circuit 2022-02-01 Denied Response WaivedIFP 4th-amendment civil-rights due-process exceptions fourth-amendment judicial-review probable-cause search-and-seizure standard-of-review warrantless-search 1. Has the progeny of 'probable cause' and the innovations of 'exceptions' to the Fourth Amendment concerning the justification to advance in a warra…
21-6994 Fernando Lara v. United States Fourth Circuit 2022-01-27 Denied Response WaivedIFP cell-phone exclusionary-rule fourth-amendment privacy probable-cause search-and-seizure Question not identified.
21-6936 Charles Roland Cheatham, aka Chi-Chi v. United States Ninth Circuit 2022-01-21 Denied Response WaivedIFP conspiracy conspiracy-investigation criminal-investigation evidence-derivation law-enforcement-procedure material-misstatement necessity probable-cause transfer wiretap wiretap-authorization 1. May the government obtain a wiretap to investigate whether an individual is a member of an alleged conspiracy, by relying in part upon evidence fro…
21-6890 Robert William Moats v. United States Fourth Circuit 2022-01-20 Denied Response WaivedIFP civil-rights consensual-encounter consent constitutional-rights criminal-procedure detention fourth-amendment police-detention probable-cause search-and-seizure Whether the majority opinion of the Unit ed States Fourth Circuit of Appeals, which held that the defendant had a consensual encounter with police and…
21-6904 Michel Thomas v. Stafflink, Inc., dba Link Staffing Services, et al. Fifth Circuit 2022-01-19 Denied Response WaivedIFP exclusionary-rule fourth-amendment probable-cause qualified-immunity reasonable-suspicion search-and-seizure X. What is the proper standard of review when it comes to the question of a void judgment and/or a constitutional question, and/or question of law, an…
21-6885 Miguel Gonzalez Segovia v. United States Third Circuit 2022-01-18 Denied Response WaivedIFP 4th-amendment evidence-suppression evidentiary-hearing exclusionary-rule fourth-amendment pretrial-motion probable-cause search-and-seizure vehicle-stop Whether the Court erred when it denied Mr. Gonzalez Segovia's pretrial motion to suppress evidence seized pursuant to the vehicle stop.
21-6841 Ada Maria Benson v. Hemet Police Department Ninth Circuit 2022-01-13 Denied Relisted (2)IFP 14th-amendment 42-usc-1983 4th-amendment civil-rights civil-rights-violation color-of-law due-process fourteenth-amendment fourth-amendment police-misconduct probable-cause Whether the 42 USC 1983 (4th, 14th Amendment) can protect a law abiding educated senior disable that has been abducted (arrested) after physical assau…
21-6788 Bernard Lindsey v. United States First Circuit 2022-01-10 Denied Response WaivedIFP appellate-review cell-phone-search cell-phones drug-crimes drug-investigation fourth-amendment probable-cause search-and-seizure search-warrant warrant-particularity 1. Whether the mere presence of two cell phones in the petitioner Bernard Lindsey's home provided sufficient grounds, under the Fourth Amendment, to s…
21-975 Idaho v. Aaron James Howard Idaho 2022-01-06 Denied Response RequestedRelisted (2) dog fourth-amendment law-enforcement narcotics-detection probable-cause search search-and-seizure seizure vehicle vehicle-search When officers lawfully deploy a narcotics-detection dog on the exterior of a vehicle and, without any direction, prompting, or facilitation by officer…
21-6744 Jose D. Resto-Figueroa v. United States First Circuit 2021-12-29 Denied Response WaivedIFP 4th-amendment appellate-review criminal-justice-act criminal-procedure exclusionary-rule first-circuit in-forma-pauperis pro-se-petition probable-cause search-and-seizure vehicle-search Question not identified.
21-947 Tettus Davis, et ux. v. Jonathon Hodgkiss Fifth Circuit 2021-12-28 Denied Response Waived 4th-amendment civil-procedure civil-rights fourth-amendment franks-challenge interlocutory-appeal probable-cause qualified-immunity search-warrant section-1983 summary-judgment 1. In a 42 U.S.C. § 1983 lawsuit alleging a Franks v. Delaware violation of the Fourth Amendment, where the plaintiff has made at least one substantia…
21-941 Aldo Daniel Gastelum v. United States Eighth Circuit 2021-12-27 Denied circuit-split consensual-search fourth-amendment police-detention probable-cause reasonable-suspicion search-and-seizure state-supreme-court-rulings voluntary-consent Whether a search is "consensual" under the Fourth Amendment when a police officer directly orders an individual he is detaining to submit to the searc…
21-6726 Mark Jason Davis v. Florida Florida 2021-12-23 Denied IFP 4th-amendment drug-detection fourteenth-amendment fourth-amendment k9-sniff police-dog private-property probable-cause search search-and-seizure search-warrant WHETHER AN OPEN-AIR SNIFF CONDUCTED BY A POLICE K9 (DOG) TRAINED IN DRUG DETECTION, ON PRIVATE PROPERTY, WITHOUT A SEARCH WARRANT OR PROBABLE CAUSE, C…
21-921 Mark A. Witaschek v. District of Columbia District of Columbia 2021-12-22 Denied administrative-summons carpenter-v-united-states digital-privacy fourth-amendment good-faith-exception government-surveillance probable-cause tax-evasion third-party-doctrine 1. Whether the Fourth Amendment's third-party doctrine should be overruled, limited, or held inapplicable when the government collects massive digital…
21-6682 Marcus L. Short v. Nebraska Nebraska 2021-12-21 Denied Response WaivedIFP constitutional-law fourth-amendment good-faith good-faith-exception judicial-review leon-standard probable-cause search-warrant united-states-v-leon WHOLLY LACKING IN PROBABLE CAUSE SHOULD A REVIEWING COURT IGNORE THE FOURTH AMENDMENT ANALYSIS AND GO DIRECTLY TO A GOOD FAITH ANALYSIS PURSUANT TO UN…
21-6689 Daniel Lawrence McGarry v. California California 2021-12-21 Denied IFP criminal-procedure preliminary-hearing probable-cause sixth-amendment speedy-trial state-criminal-proceeding Is California's current definition of probable cause as used at preliminary hearings deficient under U.S. Supreme Court precedent, and does it thus vi…
21-901 Casondra Pollreis, on Behalf of Herself and Her Minor Children, W. Y. and S. Y. v. Lamont Marzolf Eighth Circuit 2021-12-17 Denied Amici (3)Response Waived children's-rights civil-rights constitutional-protections fourth-amendment fourth-amendment-expansion law-enforcement-conduct probable-cause search-and-seizure terry-v-ohio Does the Fourth Amendment permit the search and seizure without probable cause of two compliant children, handcuffed and at gunpoint, even after the c…
21-6615 Fabian I. Sanchez v. United States Tenth Circuit 2021-12-15 Denied Response WaivedIFP civil-rights detention fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure seizure Once objective facts have dispelled the officer's suspicions, may a person still be detained on a hunch?
21-6600 Willis Wheeler v. United States Third Circuit 2021-12-14 Denied Response WaivedIFP circuit-split fourth-amendment key-insertion law-enforcement multi-unit-dwelling privacy probable-cause reasonable-expectation search warrantless-search Whether a law enforcement officer's warrantless insertion of keys into a locked apartment door, within a secured multi-unit dwelling, to gain informat…
21-6563 Hector Sanchez-Torres v. Florida Florida 2021-12-09 Denied IFP coerced-confessions coercive-police-activity colorado-v-connelly confession-voluntariness criminal-procedure due-process law-enforcement-threats motivating-cause police-misconduct probable-cause quid-pro-quo voluntariness 1. Whether the appropriate interpretation of Colorado v. Connelly's "essential link" between coercive police activity and a suspect's confession is a …
21-6523 Edward Soybel v. United States Seventh Circuit 2021-12-07 Denied Response WaivedIFP carpenter-v-united-states fourth-amendment internet-protocol ip-address pen-register privacy-expectation probable-cause reasonable-expectation-of-privacy search third-party-doctrine Whether the opinion of the Seventh Circuit Court of Appeals, deciding a constitutional issue of first impression for the Circuit, erroneously ruled th…
21-6502 Bobby Griffin v. Connecticut Connecticut 2021-12-03 Denied Response WaivedIFP coerced-confession coercive-interrogation constitutional-rights due-process exclusionary-rule false-confession fourth-amendment interrogation-tactics probable-cause warrantless-search 1) Whether Griffins Constitutional rights were violated by the Trial courts admittance of the evidence (e.g the firearm) at the defendants trial.
21-6436 Korey Stewart v. United States Second Circuit 2021-11-30 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights criminal-procedure due-process fourth-amendment probable-cause search-and-seizure speedy-trial 1) Re—quesshoa greseaked is whedner a veasondble Kv oined low enforcement officer could Wave concluded Nna Yo evidence ovaidde So Xe agents ol Yoo Lam…
21-770 Shelby Hawkins v. Johnny Banks, III Eighth Circuit 2021-11-24 Denied Response RequestedRelisted (2) civil-rights eighth-circuit excessive-force fourth-amendment police-conduct probable-cause qualified-immunity reasonable-force use-of-force 1. Whether the Eighth Circuit wrongly denied qualified immunity to Officer Hawkins by finding the use of force was not reasonable as a matter of law w…
21-6377 Anthony Harris v. J. Philip Morgan, Warden, et al. Fourth Circuit 2021-11-23 Denied IFP constitutional-rights fourteenth-amendment fourth-amendment habeas-corpus probable-cause search-and-seizure warrantless-search 1. Did the Us. District Court crrad in ruling that the stato court violated petitioner's Fourth, Sixth, and Fourtewth. Amendruts of the Unitad States …
21-6394 Kyle S. Matthews v. United States Seventh Circuit 2021-11-23 Denied IFP 4th-amendment good-faith-exception indicia-of-probable-cause probable-cause prosecutor-involvement search-and-seizure A police officer may rely on an invalid search warrant if he acts with objective good faith, but not when the warrant lacks an indicia of probable cau…
21-6395 Seitu Sulayman Kokayi v. United States Fourth Circuit 2021-11-23 Denied Response WaivedIFP constitutional-rights electronic-surveillance first-amendment fisa-surveillance foreign-intelligence-surveillance-act fourth-amendment probable-cause standing Whether electronic surveillance undertaken by the United States, of a United States citizen, pursuant to perceived authority under the Foreign Intelli…
21-6345 Jeremy Schenck v. United States Seventh Circuit 2021-11-22 Denied Response WaivedIFP benign-information evidence-description judicial-scrutiny legal-review paragraph-structure probable-cause scrutiny search-warrant vulgar-slang warrant-application 1. Are allegations in a warrant application entitled to lesser scrutiny when the district court concludes that the allegations are essential to the pr…
21-6370 Omil Cotto, aka Omil Gomez, aka Omil Alfredo Gomez v. United States Tenth Circuit 2021-11-22 Denied Response WaivedIFP 4th-amendment cell-phone-seizure cellphones criminal-procedure fourth-amendment overbreadth probable-cause road-rage search-and-seizure search-warrant warrant warrant-overbreadth This case emerged out of a road rage incident during which shots were fired. The suspect, Omil Cotto, fled the scene in a red Camaro. Officers execute…
21-6324 Jesus Alfredo Ramirez v. United States Ninth Circuit 2021-11-18 Denied Response WaivedIFP 4th-amendment civil-procedure communication-interception criminal-procedure district-court evidence-suppression probable-cause title-iii wiretap Whether the district court erred in authorizing a wiretap of Petitioner's communications under Title III and in failing to suppress the evidence inter…
21-726 Augustin Torres Gonzalez v. Steven Hahl, et al. Second Circuit 2021-11-17 Denied Response Waived arrest-standard civil-rights due-process false-arrest investigative-procedure judicial-review law-enforcement malicious-prosecution pendent-jurisdiction probable-cause state-policy totality-of-circumstances 1. The Panel found arguable probable cause to arrest and prosecute petitioner for the felony of sexual abuse in the first degree under New York law wi…
21-6175 Shaun Short v. United States Eighth Circuit 2021-11-04 Denied Response WaivedIFP 4th-amendment automobile-exception criminal-procedure disabled-car franks-hearing parked-car probable-cause search-and-seizure warrant-requirement Does the automobile exception to the warrant requirement extend to a parked and disabled car, or is it limited to its original justifications? Is a d…
21-6140 Leonard Morrison v. United States Fifth Circuit 2021-11-01 Denied Response WaivedIFP 4th-amendment community-caretaking consent exigent-circumstances fourth-amendment home-search implied-consent law-enforcement probable-cause search-and-seizure warrantless-entry Can a court find voluntary "implied consent" to a warrantless home entry when the officer did not request permission to enter and was unaware of any c…
21-6125 Roberto Griego Jimenez v. Texas Texas 2021-10-29 Denied IFP corroboration credibility criminal-informant fourth-amendment law-enforcement magistrate-warrant probable-cause quid-pro-quo reliability 1. Did the trial court and Texas Court of Appeals err in their Fourth Amendment analysis, when they found that a first-time criminal snitch informant,…
21-6109 Jackie Harris v. United States Eighth Circuit 2021-10-28 Denied Response WaivedIFP constitutional-rights due-process fourth-amendment judicial-authority probable-cause reasons-for-granting search-warrant statutory-interpretation waiver-of-rights 1. When a lower Court removes a waiver and assigns counsel for appeal, then by asserting the waiver, they had removed, covers under its scope the deni…
21-6000 Marius A. Brown v. United States Fourth Circuit 2021-10-19 Denied Response WaivedIFP appointed-counsel criminal-procedure fruit-of-poisonous-tree fruit-of-the-poisonous-tree miranda-rights probable-cause search-warrant wanton-endangerment Section 61-7-12 of the West Virginia Code provides that the offense of wanton endangerment is committed if a person "wantonly performs any act with a …
21-6006 Cory Wayne Kilgore v. United States Tenth Circuit 2021-10-19 Denied Response WaivedIFP 4th-amendment address-connection appellate-review child-pornography criminal-procedure fourth-amendment prior-conviction probable-cause search-warrant Did the Tenth Circuit, on review of the denial of Petitioner's motion to suppress, err in holding that the search warrant affidavit provided adequate …
21-5898 Ernest Gabriel Verdugo v. United States Ninth Circuit 2021-10-05 Denied Response WaivedIFP abandoned-address criminal-procedure fourth-amendment independent-access law-enforcement motel-room probable-cause residence residence-definition search-and-seizure Whether police officers establish probable cause that a motel room is a suspect's "residence" when they learn that he has abandoned his reported addre…
21-5839 Antonio Darnell Mays v. Tracy Johnson Seventh Circuit 2021-10-01 Denied Response WaivedIFP civil-rights criminal-procedure due-process exclusionary-rule false-documents false-evidence false-statements fourth-amendment fundamental-question probable-cause search-and-seizure warrantless-search Question not identified.
21-5823 Salvador Vasquez v. United States Ninth Circuit 2021-09-29 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment marijuana-decriminalization probable-cause search-and-seizure state-law state-marijuana-laws vehicle-search warrantless-search When a state has decriminalized marijuana possession and use, does evidence of marijuana use inside a car—combined with nonspecific indications that t…
21-460 April Diane Myres v. United States Ninth Circuit 2021-09-27 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure due-process evidence evidence-admission fourth-amendment probable-cause self-incrimination warrantless-search Whether the Fourth Amendment permits the Government to introduce testimony, based only on the defendant's not consenting to warrantless fingerprinting…
21-5732 In Re Artoska Gillispie 2021-09-23 Denied IFP 4th-amendment cell-site-location-information fourth-amendment habeas-corpus ineffective-assistance misidentification personal-location-information probable-cause suggestive-identification warrant Has prejudice been shown where defense counsel (a) failed to file a motion to suppress (CSLI) (cell-site location information), and (b) failed to obje…
21-5736 Brandon Joshua Bailey v. Florida Florida 2021-09-21 Denied IFP fourteenth-amendment fourth-amendment gps gps-tracking location-records probable-cause search search-and-seizure vehicle warrant-requirement 1. Whether the government conducts a search under the Fourth Amendment when it accesses a vehicle's historical GPS location records, which provide a c…
21-5691 Juan Guzman Zuniga, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-17 Denied IFP civil-rights constitutional-rights criminal-procedure due-process exclusionary-rule federal-courts fourth-amendment habeas-corpus probable-cause search-and-seizure standing warrantless-search (1) WHETHER HIS PETITION HABEAS CORPUS IS "SECOND OF SUCCESSIVE"? (2) WHETHER THE PROCEDURAL DEFAULT RULING DECISION BY THE DISTRICT COURT ON PRIOR H…
21-5653 In Re Matthew Phillips 2021-09-14 Denied IFP criminal-procedure exclusionary-rule fourth-amendment probable-cause reasonable-expectation-of-privacy search-and-seizure Matthew Sherman Phillips did not receive the "effective assistance of counsel," as guaranteed by the Sixth Amendment of the United States of America's…
21-5602 Charles E. Garza, Jr. v. Nebraska Nebraska 2021-09-08 Denied Response WaivedIFP 4th-amendment constitutional-rights expectation-of-privacy fourth-amendment privacy probable-cause residence search-and-seizure vehicle-search warrant warrant-scope 1. a. Whether or not the petitioner had an expectation of privacy in his parked vehicle. b. If the search and seizure of the petitioner outside of his…
21-5544 Thomas Charles Scott v. Stuart Sherman, Warden Ninth Circuit 2021-09-01 Denied Response WaivedIFP due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment Were petitioner's rights under the Fourth and Sixth Amendments to the United States Constitution violated by trial counsel's failure to challenge the …
21-5528 Gabriel Samar Martinez v. United States Eleventh Circuit 2021-08-30 Denied Response WaivedIFP can give rise to reasonable suspicion to justify standing alone 4th-amendment 4th-amendment-jurisprudence anonymous-tip corroboration fourth-amendment law-enforcement probable-cause reasonable-suspicion seizure terry-stop vehicle-stop Whether an uncorroborated anonymous tip, standing alone, can give rise to reasonable suspicion to justify a seizure.
21-5389 Juan J. Martinez v. Texas Texas 2021-08-18 Denied IFP admissible-evidence collateral-proceedings constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment ineffective-assistance probable-cause right-to-counsel search-and-seizure trial-counsel Question not identified.
21-5379 Jerome Mack v. New York New York 2021-08-16 Denied Response WaivedIFP carpenter-precedent carpenter-v-united-states cell-site-location-information fourth-amendment probable-cause suppression warrant warrantless-search Does expressing a finding of probable cause in a court order authorizing the acquisition of cell site information effectively make the court order a w…
21-5364 Tyrone Cammon v. United States Sixth Circuit 2021-08-13 Denied Response WaivedIFP 4th-amendment arrest-warrant civil-rights fourth-amendment minnesota-v-olson payton-v-new-york probable-cause protective-sweep search-and-seizure steagald-v-united-states third-party-residence warrantless-entry Whether, in light of Minnesota v. Olson, 495 U.S. 91, 96-97 (1990), the lower courts erred in holding that Payton v. New York, 445 U.S. 573 (1980) con…
21-5338 Michael Vincent Moore v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-10 Denied IFP constitutional-rights dna-evidence due-process evidence-admissibility fifth-amendment fourteenth-amendment fourth-amendment mistrial probable-cause prosecutorial-misconduct trial-procedure PETTIONER'S INTERNET FALEBOOK PAGE AND SEEING HIS TAN AND WHITE OG WHEN THE PROSECUTOR RECEIVED THE DNA REPORT ON H/D/AOL ONE WEEK BEFORE FILING AFFID…
21-5325 Raul Adrian Torres v. United States Ninth Circuit 2021-08-09 Denied Response WaivedIFP arrestee criminal-procedure fourth-amendment handcuffs law-enforcement probable-cause search-and-seizure search-incident-to-arrest secured Whether a search of a backpack or other bag that was being carried by an arrestee is permissible as a search incident to arrest even after officers ha…
21-149 Rodolfo Rivera, Jr. v. John Granillo Tenth Circuit 2021-08-03 Denied Response Waived civil-rights court-of-appeals due-process judicial-proceedings legal-standard material-facts probable-cause qualified-immunity The questions presented are whether the lower Court err in their decision granting Qualified Immunity and Probable Cause on grounds, which conflicts w…
21-5283 Richard Todd Haas v. United States Fourth Circuit 2021-08-03 Denied Response WaivedIFP fourth-amendment franks-hearing law-enforcement materiality materiality-analysis probable-cause recklessness search-and-seizure search-warrant Whether the Fourth Circuit erred in refusing to engage in a materiality analysis of the information omitted from the affidavits to determine whether t…
21-131 Blanche A. Brown v. Joseph Friel, Police Chief, et al. Third Circuit 2021-07-30 Denied Response Waived abuse-victim-protection civil-rights constitutional-rights domestic-violence due-process free-speech patient-abuse probable-cause retaliation summary-judgment IT IS BELIEVED that: A Permanently Disabled Medically Vulnerable Patient's RIGHT to: (1) REPORT Patient ABUSE: Elder ABUSE to an abuser's Govt Medical…
21-5265 Terry Reed v. United States Sixth Circuit 2021-07-30 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure fourth-amendment good-faith-doctrine good-faith-exception probable-cause search-and-seizure warrant-exception warrant-requirement Whether the good faith exception to the warrant requirement extends so far as to excuse an officer's reliance upon an affidavit he drafted with the on…
21-5228 Dwayne Sheckles v. United States Sixth Circuit 2021-07-28 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment criminal-procedure drug-crimes drug-dealing evidence-seizure home-invasion probable-cause residential-searches search-warrant search-warrants Search warrants are directed at places, not people. To obtain a warrant to enter a person's home, there must be probable cause that evidence of a crim…
21-5224 Julian Terence Martin, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-27 Denied IFP criminal-procedure exclusionary-rule fourth-amendment probable-cause reasonable-expectation-of-privacy search-and-seizure 1. When a state court grants a motion for a competency haering, but convicts a defendant without holding one, is a defendant's due process of law deni…
21-5205 Eddie Mendia v. Abby Harman, et al. Kansas 2021-07-26 Denied IFP civil-liberties civil-rights due-process equal-protection geolocation-tracking privacy privacy-rights probable-cause racial-justice search-warrant virtual-trespass Whether, my civil liberty rights; racial Justice; require private citizens to have probable cause and search warrants to obtain geolocation data, la…
21-96 Paul Daniels, et al. v. County of Alameda, California, et al. Ninth Circuit 2021-07-23 Denied Response Waived civil-rights federal-law malicious-prosecution probable-cause retaliation section-1983 state-law Where absence of probable cause to prosecute is an element of a federal section 1983 civil rights claim – for example a malicious or retaliatory prose…
21-5131 Paul Noel Negrito, fka Paul A. E. Noel v. James Buonaugurio Second Circuit 2021-07-16 Denied Response WaivedIFP civil-rights due-process false-arrest personal-service personal-use-vehicle probable-cause section-1983 traffic-infraction traffic-infractions Whether a user of a 'Personal Use Vehicle ', who was arrested absent Probable Cause of a crime, lose the right to maintain a section 1983 claim for fa…
21-5022 Sheron Gabriel Terrell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-06 Denied IFP due-process fourth-amendment franks-hearing franks-v-delaware ineffective-assistance ineffective-assistance-of-counsel probable-cause suppression-hearing warrant-affidavit 1. Did Terrell make a substantial preliminary showing that the omissions made by Affiant from his warrant affidavit were recklessness by the proof of …
20-8445 Christian Kalen Crawford v. Florida Florida 2021-06-29 Denied IFP 4th-amendment 5th-amendment blood-draw criminal-procedure detention due-process fourth-amendment probable-cause search-and-seizure traffic-stop Whether law enforcement officers may extend the detention of a driver involved in an accident resulting in the death of another person in order to wai…
20-1777 Willard Hall v. Edward Bickham, Warden Fifth Circuit 2021-06-24 Denied 6th-amendment community-representation due-process effective-assistance fair-cross-section fair-trial fifth-circuit impartial-jury jury-composition probable-cause (1) Whether the United States Fifth Circuit Court of Appeals and United States District Court for the Eastern District of Louisiana properly concluded…
20-1796 Justin Strolis v. Lucas Heise Eleventh Circuit 2021-06-24 Denied civil-rights co-defendant-identification fourth-amendment malicious-prosecution probable-cause qualified-immunity summary-judgment witness-identification I. In this civil malicious prosecution claim, is it error to replace the Fourth Amendment's totality-of-the-circumstances test for probable cause as t…
20-1784 Ohio v. Daniel Deuble Ohio 2021-06-23 Denied 4th-amendment digital-communication fourth-amendment identity-corroboration law-enforcement law-enforcement-sting probable-cause search-and-seizure social-media 1. Whether probable cause existed under the Fourth Amendment to the United States Constitution to detain a person suspected of soliciting sexual activ…
20-1788 City of New York, New York, et al. v. Jarrett Frost Second Circuit 2021-06-23 Denied Response RequestedResponse WaivedRelisted (4) civil-procedure civil-rights due-process evidence-fabrication fourth-amendment pretrial-detention probable-cause section-1983 In Manuel v. City of Joliet , 137 S. Ct. 911 (2017), this Court recognized that the Fourth Amendment, not the Due Process Clause, governs claims chall…
20-1771 Charles Simonson v. Borough of Taylor, Pennsylvania, et al. Third Circuit 2021-06-22 Denied circuit-conflict circuit-split criminal-procedure domestic-violence due-process independent-investigation probable-cause warrantless-arrest witness-statement The Third Circuit held that probabl e cause can be based solely on the statements of a victim and an alleged 1 ½ hour investigation that failed to inc…
20-8352 David Alexandre v. United States First Circuit 2021-06-21 Denied Response WaivedIFP 4th-amendment circuit-split criminal-activity criminal-procedure fourth-amendment nexus-requirement probable-cause search-warrant supreme-court Did the United States Court of Appeals for the First Circuit erroneously hold the government was not required to establish probable cause to the belie…
20-1745 Richard Sylvester v. United States First Circuit 2021-06-16 Denied 4th-amendment burden-of-proof community-caretaking fourth-amendment investigatory-motive law-enforcement-procedure police-policy probable-cause subjective-intent totality-of-circumstances vehicle-impound vehicle-impoundment 1. In order for a vehicle impound to be consonant with the Fourth Amendment, must a police officer comply with established impound policies and proced…
20-1712 Charles Paul-Thomas Phoenix v. The Florida Bar Florida 2021-06-10 Denied Response Waived attorney-disciplinary-proceeding attorney-discipline charge-not-in-original closing-argument due-process grievance-committee in-re-ruffalo probable-cause quasicriminal-nature Whether a charge, in a state bar attorney disciplinary proceeding for which the attorney grievance committee had determined there was no probable caus…
20-8261 Francisco Felix v. United States Ninth Circuit 2021-06-09 Denied Response WaivedIFP civil-rights exigent-circumstances fourth-amendment law-enforcement probable-cause search-and-seizure search-warrant wiretap Whether the wiretap application failed to satisfy the requisite Fourth Amendment standard that requires exigent circumstances for an application to be…
20-8167 Bryan Keith Miller v. United States Fifth Circuit 2021-06-07 Denied Response WaivedIFP 4th-amendment automobile-exception field-testing plain-view probable-cause search-and-seizure 1. Did an officer have probable cause to retrieve and field test a loose substance observed in Mr. Miller's vehicle, under the plain view exception to…
20-8212 Dany L. Brandao v. United States First Circuit 2021-06-03 Denied Response WaivedIFP criminal-procedure fourth-amendment home home-search narcotics narcotics-prosecution probable-cause prosecution search search-and-seizure vehicle 1. Should certiorari be granted where the police violated the Fourth Amendment to the United States constitution when, in a narcotics prosecution, the…
20-8180 Benjamin Ross v. United States Sixth Circuit 2021-06-01 Denied Response WaivedRelisted (2)IFP 4th-amendment 4th-amendment-violation fourth-amendment pretextual-stop probable-cause reasonable-suspicion rodriguez-precedent rodriguez-v-united-states traffic-stop NO. 1 WHETHER THE FOURTH AMENDMENT REQUIRES REASONABLE, ARTICULABLE SUSPICION AND PROBABLE CAUSE TO JUSTIFY A PRETEXTUAL TRAFFIC STOP? NO. 2. WHETHER…
20-1660 In Re Garvester Bracken 2021-05-28 Denied article-iii criminal-procedure criminal-proceedings due-process habeas-corpus judicial-procedure jurisdiction probable-cause right-to-be-present right-to-counsel trial-jurisdiction DID THE TRIAL COURT HAVE JURISDICTION TO PROCEED AND ENTER JUDGMENT AS A MATTER OF LAW? WHETHER THE TRIAL COURT HAD POSSESSED JURIDICTION IN ABSENCE …
20-8156 Ricardo Renteria v. United States Ninth Circuit 2021-05-27 Denied Response WaivedIFP civil-procedure constitutional-rights fourth-amendment law-enforcement probable-cause reasonable-suspicion specific-facts statute-violation traffic-stop Whether reasonable suspicion to support a traffic stop under the Fourth Amendment requires a showing of specific facts that the suspect violated the r…
20-8110 Lawrence Edward Jackson, Jr. v. Maryland Maryland 2021-05-24 Denied IFP constitutional-rights criminal-procedure due-process equal-protection excessive-fines fourth-amendment probable-cause search-and-seizure takings wrongful-conviction Prosecution at the time of trial of a criminal defendant has a constitutional trial under the Fifth and Fourteenth Amendment by overseeing mandatory f…
20-1628 Daniel Tekle v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2021-05-20 Denied 4th-amendment constitutional-rights due-process equal-protection fourth-amendment probable-cause search-and-seizure void-judgment warrantless-search Whether "The right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizers, shall not be violat…
20-8029 Steven D. Warren, Jr. v. Indiana Indiana 2021-05-14 Denied Response WaivedIFP brady-violation civil-rights drug-trafficking due-process fourth-amendment nexus probable-cause search-and-seizure search-warrant warrant warrant-application Whether a search warrant application that fails to provide any particularized nexus between an individual's alleged drug trafficking activity and the …
20-1505 Zainab Merchant, et al. v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. First Circuit 2021-04-28 Denied Amici (2) border-search border-searches digital-contraband electronic-device electronic-devices fourth-amendment probable-cause reasonable-suspicion warrant-requirement Does the Fourth Amendment require that searches of electronic devices at the U.S. border be conducted pursuant to a warrant based on probable cause, o…
20-1475 Wesley Perkins v. John Mischtian, Judge, County Court at Law 2, Bell County, Texas, et al. Fifth Circuit 2021-04-22 Denied arbitration civil-procedure civil-rights compelled-arbitration due-process jurisdictional-challenge probable-cause standing statutory-challenge transportation-code Statutory Challenge 1. Is the TEX. TRANSP. Code "unconstitutional," as applied? Referral, Roell, and Rule 4(m) 2. Was dismissal abusive? Post-dismis…
20-1445 Nathan Ray Foreman v. Texas Texas 2021-04-15 Denied Response Waived affidavit computer-evidence criminal-procedure evidence-seizure fourth-amendment probable-cause search-and-seizure surveillance-equipment warrant-application Whether the decision of the Texas Court of Criminal Appeals constitutes an unreasonable application of this Court's clearly established precedent, by …
20-7716 Milton Mosley v. United States Third Circuit 2021-04-12 Denied Response WaivedIFP civil-rights criminal-procedure fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio The finding of the lower courts, where suspicion of criminal activity was clearly not "specific, individualized, and reasonable," is contrary to the S…
20-7704 Daghrib Shaheed, et al. v. Stephan Kroski, et al. Second Circuit 2021-04-09 Denied IFP 4th-amendment civil-entry-order civil-rights family-court fourth-amendment law-enforcement-procedure new-york-state probable-cause qualified-immunity search-warrant 1. Is a civil New York State Family Court Investigation Entry Order the equivalent of a search warrant, thereby authorizing the police to use force to…
20-7667 Troy Kendrick, Jr. v. United States Fifth Circuit 2021-04-06 Denied IFP 5th-circuit falsified-evidence franks-standard franks-v-delaware judicial-review law-enforcement-misconduct probable-cause sentencing-guidelines wiretap wiretap-evidence (1) When a law enforcement agent falsifies and misrepresents wiretap evidence to establish probable cause for a second wiretap, can a reviewing court …
20-7651 Gonzalo Curiel v. California California 2021-04-02 Denied IFP exclusionary-rule fourth-amendment inevitable-discovery inevitable-discovery-rule police-misconduct probable-cause search-and-seizure warrant-requirement warrantless-search 1. In order the apply the "inevitable discovery rule" to uphold an otherwise illegal search and seizure is it necessary for the prosecution to prove t…
20-7626 Robert Frank Miller v. United States District of Columbia 2021-04-01 Denied Response WaivedIFP appellate-review appellate-standards criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-discretion probable-cause waiver I. Whether certiorari should be granted to clarify that probable cause must be based on actual facts, rather than mere assumptions interposed by the c…
20-7643 Nafis Antuan Faison v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2021-04-01 Denied IFP 28-usc-2254 arrest-warrant constitutional-standard expectation-of-privacy fourth-amendment habeas habeas-corpus minnesota-v-olson probable-cause standing third-party-residence 1. In applying Minnesota v. Olson, 495 U.S. 91 (1990), and Minnesota v. Carter, 525 U.S. 83 (1998), to a habeas corpus claim based on the state's unre…
20-1362 Davdrin Goffin v. Robbie K. Ashcraft, et al. Eighth Circuit 2021-03-30 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-rights deadly-force excessive-force fourth-amendment police-shooting probable-cause qualified-immunity search-and-seizure tennessee-v-garner use-of-force Is an officer entitled to qualified immunity if she shoots a fleeing suspect in the back without warning after watching another officer search the sus…
20-7538 Frankie Lewis Jones v. Georgia Georgia 2021-03-23 Denied IFP civil-rights constitutional-rights criminal-procedure due-process fourth-amendment interstate-agreement personal-detention probable-cause search-and-seizure sentencing statute-of-limitations warrantless-search Question not identified.
20-7464 Stephen D. Long v. Ohio Ohio 2021-03-17 Denied Response WaivedIFP 4th-amendment anonymous-informant criminal-procedure exclusionary-rule fourth-amendment probable-cause search-warrant standing totality-of-the-circumstances 1. Can a search warrant issue for a private residence based solely on the uncorroborated statement of an anonymous citizen informant? 2. Is an irrebu…
20-7482 Lavellous Purcell v. United States Second Circuit 2021-03-17 Denied IFP electronic-data-privacy federal-rules-of-evidence fourth-amendment general-warrants internet-privacy interstate-commerce mann-act particularity-requirement probable-cause search-and-seizure search-warrant 1. Whether a search warrant ordering Facebook to hand over the defendant's entire account to law enforcement for review, without limiting either Faceb…
20-7459 Herman Rosario v. United States Third Circuit 2021-03-16 Denied Response WaivedIFP 4th-amendment criminal-procedure exclusionary-rule good-faith-exception independent-determination motion-to-suppress physical-evidence probable-cause search-and-seizure warrant-application 1. Whether the district court err ed in denying defendant's motion to suppress physical evidence seized at1611 S. 28th Street, Philadelphia, where t…
20-1280 Joseph Cotropia v. Mary Chapman Fifth Circuit 2021-03-15 Denied Response Waived civil-rights constitutional-law fair-warning fourth-amendment government-immunity per-se-unreasonable probable-cause qualified-immunity search-and-seizure warrantless-search warrantless-searches Is the presumption that warrantless searches are per se unreasonable so obvious a violation of the Fourth Amendment that the presumption gives governm…
20-7444 Toddrey Bruce v. United States Eleventh Circuit 2021-03-12 Denied Response WaivedIFP anonymous-911-call circuit-split fourth-amendment high-crime-area law-enforcement navarette-v-california probable-cause reasonable-suspicion second-amendment traffic-stop In Navarette v. California, the Court held that the "absence of additional suspicious conduct"—five minutes of normal driving—did not dispel reasonabl…
20-7423 Jose Jesus Cruz v. United States Tenth Circuit 2021-03-11 Denied Response WaivedIFP 4th-amendment destruction-of-evidence evidence-destruction exigent-circumstances fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure 1. Is it reasonable for law enforcement to enter a suspect's home under the exigent circumstances (fear of imminent destruction of evidence) exception…
20-7436 Frederick Dale Knight v. Florida Florida 2021-03-11 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights criminal-procedure due-process fourth-amendment probable-cause reasonable-expectation-privacy search-and-seizure traffic-stop Within what narrow istah does a roto- cwwx rau tragic stop arap* the subsequent observation through the- window of stopped veryca£. ftt'jeal' * irg* a…
20-7415 Keith Griffin v. New York New York 2021-03-10 Denied Response WaivedIFP 4th-amendment curtilage fishing-expedition fourth-amendment home-privacy implied-license probable-cause search-and-seizure standing warrantless-search Could police search the curtilage of the home — a narrow driveway wedged between two homes — merely because they wanted to look for evidence of a none…
20-7416 James Lee Herman, Jr. v. United States Fourth Circuit 2021-03-10 Denied Response WaivedIFP 4th-amendment driving-under-the-influence exclusionary-rule fourth-amendment inevitable-discovery inevitable-discovery-doctrine probable-cause search-and-seizure traffic-stop Whether police officers who violated a driver's Fourth Amendment rights when they searched him during a traffic stop had probable cause to arrest the …
20-7355 Cleophus Reed, Jr. v. United States Eighth Circuit 2021-03-08 Denied IFP criminal-procedure exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Question not identified.
20-7356 Eron Michael Spivey v. Texas Texas 2021-03-08 Denied IFP custodial-interrogation exclusionary-rule fifth-amendment fourth-amendment involuntary-detention law-enforcement-questioning probable-cause wong-sun wong-sun-doctrine Do authorities violate the Fourth Amendment when they involuntarily detain, in back of a patrol car for three hours, then at the police station for tw…
20-7312 Raevon Terrell Parker v. John Pickens, et al. Eighth Circuit 2021-03-03 Denied IFP 4th-amendment civil-rights criminal-procedure due-process probable-cause search-and-seizure The queestruo presented is was there probable cause Subject the apellant to cred and unusucl punishment b arresting the appellent when the charo ws on…
20-7260 Al Rue Hopkins v. Florida Florida 2021-02-26 Denied Response WaivedIFP 4th-amendment blood-draw dui dui-investigation exigency-exception exigent-circumstances fourth-amendment probable-cause search-and-seizure warrant-requirement Whether Florida statues 316.1933(1)(a) violates Petitioner's right to be free from unreasonable searches and seizures where it exigency exception to t…
20-7268 Jason P. Briscoe v. United States Tenth Circuit 2021-02-26 Denied Response WaivedIFP civil-rights constitutional-review criminal-procedure fourth-amendment police-discretion pretextual-stop pretextual-stops probable-cause traffic-violation whren-v-united-states Whether this Court's decision in Whren v. United States, 517 U.S. 806 (1996), which permits pretextual traffic stops so long as the police have probab…
20-7272 Tyslen J. Baker v. United States Sixth Circuit 2021-02-26 Denied Response WaivedIFP arrest-warrant civil-rights constitutional-rights criminal-procedure fourth-amendment law-enforcement probable-cause search-and-seizure Does a police officer violate a defendant's Fourth Amendment rights by executing an arrest warrant consisting of bare bones allegations lacking in pro…
20-1189 Brian E. Hardin v. Indiana Indiana 2021-02-26 Denied Response Waived constitutional-rights exclusionary-rule fourth-amendment law-enforcement probable-cause search-and-seizure search-warrant vehicle-search Whether law-enforcement officers violate the Fourth Amendment to the United States Constitution by searching a person's vehicle when the person drives…
20-1181 Kyle Stephen Thompson v. Maryland Maryland 2021-02-25 Denied Response Waived de-novo-review evidentiary-hearing fourth-amendment franks-hearing franks-v-delaware materiality-prong probable-cause search-warrant standard-of-review When a court considers a request for a Franks hearing by excising the challenged statements in the warrant application, does the court review the rema…
20-7234 Kerrin Barrett v. PAE Government Services, Inc., et al. Fourth Circuit 2021-02-24 Denied Response WaivedRelisted (2)IFP community-caretaking emergency-doctrine exigent-circumstances fourth-amendment probable-cause search-and-seizure warrantless-seizure warrantless-seizures 1. Whether the temporal scope of the emergency doctrine governing warrantless seizures for "community caretaking" extends beyond the immediate circums…
20-7187 Haseeb Malik v. United States Ninth Circuit 2021-02-19 Denied Response WaivedIFP 4th-amendment constitutional-rights fourth-amendment law-enforcement marijuana-legalization probable-cause search-and-seizure state-law-enforcement vehicle-search Probable cause requires facts and circumstances within an officer's knowledge establishing a fair probability that contraband or evidence of a crime w…
20-7174 Antonio Lopez v. Texas Texas 2021-02-17 Denied Response WaivedIFP coerced-confession confession-voluntariness criminal-procedure due-process family-coercion family-member interrogation police-interrogation probable-cause truthful-statements 1. Whether a threat to arrest, or a promise not to arrest, a member of a suspect's family, depending only on his willingness to confess to a crime, re…
20-7074 Jimmy Lee Nave, Jr. v. Frank Vanihel, Warden Seventh Circuit 2021-02-09 Denied Response WaivedRelisted (2)IFP criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause warrantless-arrest witness-identification I. Mr. Nave was arrested without a warrant and without probable cause. Mr. Nave alleged that his trial counsel was ineffective for failing to object t…
20-7095 Gary S. Colldock v. United States Ninth Circuit 2021-02-09 Denied Response WaivedIFP dark-web drug-trafficking fourth-amendment probable-cause search-warrant staleness Whether the information in the application for the warrant to place the GPS device on Colldock's vehicle was 'stale', where the Agents relied upon 2-y…
20-7078 Brandon Cordell Bennett v. United States Ninth Circuit 2021-02-08 Denied Response WaivedIFP 4th-amendment criminal-procedure evidence-suppression exclusionary-rule fourth-amendment judicial-review material-omission materiality probable-cause search-warrant WHETHER OMITTED INFORMATION FROM A SEARCH WARRANT APPLICATION MUST NEGATE OR CONTRADICT ALLEGED FACTS SUPPORTING PROBABLE CAUSE IN ORDER TO BE MATERIA…
20-1053 Ronald Dewayne Pitts v. Ohio Ohio 2021-02-03 Denied Response Waived affidavit credibility-reliability due-process evidence-suppression fourth-amendment judicial-scrutiny probable-cause search-warrant undisclosed-sources 1. Whether a Search Warrant Affidavit that failed to set forth probable cause can survive meaningful scrutiny where, as here, the Affiant failed to: v…
20-1027 Joshua Coleman v. Louisiana Louisiana 2021-01-28 Denied Response Waived dog-sniff fourth-amendment probable-cause reasonable-suspicion traffic-stop unreasonable-seizure unreasonable-seizures Does the Fourth Amendment protection against unreasonable seizures tolerate a dog sniff which prolongs a stop, which occurs after all purposes for the…
20-6968 Kenton Lance Light v. Texas Texas 2021-01-28 Denied IFP abandonment automobile-exception evidence fourth-amendment methamphetamine probable-cause search-and-seizure 1. Whether the Fourth Amendment was violated when police searched a container on the basis that Petitioner abandoned the item without any evidence tha…
20-993 Jeremy Mickens v. Arkansas Arkansas 2021-01-26 Denied Response Waived 4th-amendment civil-rights criminal-procedure dog-sniff due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure traffic-stop Whether a police officer may, in the absence of reasonable suspicion, extend an otherwise completed traffic stop, justified only by a police officer o…
20-995 Anthony Vetri v. United States Third Circuit 2021-01-26 Denied Response Waived 4th-amendment aiding-and-abetting cellphone-data cellphone-privacy criminal-procedure digital-privacy evidence-search fourth-amendment particularity probable-cause search-and-seizure warrant-requirements 1. Whether the Fourth Amendment requires more stringent privacy considerations in authorizing a warrant for the seizure of a cellphone and the manner …
20-982 Sharon Lynn Brown v. Polk County, Wisconsin, et al. Seventh Circuit 2021-01-25 Denied Amici (2)Relisted (3) body-cavity-search civil-rights exigent-circumstances fourth-amendment pre-trial-detainee pretrial-detainee probable-cause search search-and-seizure warrant-requirement Whether the Fourth Amendment permits jail officials to conduct a physical, penetrative search of the vagina and/or anus of a pretrial detainee without…
20-6827 Abdul Majid v. United States Ninth Circuit 2021-01-14 Denied Response WaivedIFP appellate-review deference-to-lower-court fourth-amendment marijuana-legalization motion-to-suppress probable-cause search-and-seizure standard-of-review vehicle-search warrantless-search L Whether, in reversing the District Court's grant of a motion to suppress drug evidence, the Court of Appeals can override the lower court's findings…
20-6863 Tommy Findley v. United States Eleventh Circuit 2021-01-13 Denied Response WaivedIFP circuit-split federal-court-review first-amendment fourth-amendment internet-access probable-cause state-law-application supervised-release warrant-application warrant-probable-cause 1. Whether a federal court is required to apply controlling state law in determining whether facts omitted from a warrant application vitiate probable…
20-6813 Manuel Diaz v. United States Fifth Circuit 2021-01-08 Denied Response WaivedIFP 4th-amendment 5th-amendment child-pornography circuit-split fourth-amendment probable-cause search-warrant warrantless-arrest Whether an officer has probable cause to obtain a search warrant or to make a warrantless arrest for the offense of possession of child pornography ba…
20-916 Nathaniel K. Hooker v. Illinois Illinois 2021-01-08 Dismissed adversarial-proceeding criminal-procedure due-process effective-assistance probable-cause right-to-bear-arms right-to-counsel right-to-effective-assistance-of-counsel sixth-amendment This case presents an important issue concerning the proper application of Illinois Criminal Procedures and the Sixth Amendment Right to Effective Cou…
20-919 Richard Spinnenweber, et al. v. Dan Williams Eleventh Circuit 2021-01-08 Denied Response Waived arrest civil-rights criminal-arrest criminal-procedure district-court due-process fourth-amendment judicial-determination law-enforcement legal-standard probable-cause Whether the district court erred in holding that there was probable cause to believe the plaintiffs had committed the crime for which they were arrest…
20-870 John W. Orem, et ux. v. Matthew Gillmore, et al. Fourth Circuit 2020-12-31 Denied Response Waived 42-usc-1983 4th-amendment civil-procedure civil-rights fourth-amendment medical-privacy probable-cause qualified-immunity search search-and-seizure Whether the Respondent State Trooper's lack of probable cause to search was sufficiently clear, when all reasonable inferences are made in Petitioner'…
20-6728 Jarvis O'Neil Adams v. Georgia Office of the Governor, et al. Eleventh Circuit 2020-12-30 Denied Response WaivedIFP 4th-amendment arrest civil-rights criminal-procedure law-enforcement narcotics officer-opinion probable-cause search-and-seizure seizure 1. Whether probable cause pursuant to the 4th Amendment can be established solely upon an officer's opinion of smelling narcotics. 2. Whether seizure…
20-6677 In Re William Harold Wright, Jr. 2020-12-21 Rehearing Response WaivedRelisted (2)IFP 4th-amendment criminal-procedure due-process probable-cause search-and-seizure standing Question not identified.
20-825 Christopher Brewer v. Teresa Hooks, et al. Eleventh Circuit 2020-12-18 Denied 4th-amendment causal-connection fourth-amendment informant informant-testimony probable-cause qualified-immunity search-warrant section-1983 1. Whether probable cause or arguable probable cause exists to seek a search warrant where an officer relies upon an informant who turns himself in, a…
20-6551 Andy Williams v. United States Second Circuit 2020-12-07 Denied Relisted (2)IFP constitutional-law criminal-procedure fourth-amendment inventory-search probable-cause reasonable-suspicion rehaif-v-united-states warrantless-search Question One: Was the second warrantless search of the car - which followed the completed inventory search and was prompted by an officer's later-deve…
20-6475 Samer Walid Abdalla v. United States Sixth Circuit 2020-11-30 Denied Response WaivedIFP fourth-amendment judicial-authorization law-enforcement neutral-magistrate particularity probable-cause residence search-warrant warrant-specificity Approximately 18 law-enforcement officers raided Samer Abdalla's home with what purported to be a search warrant. On the first page of the document wa…
20-6480 Maurice Freeman v. United States Eighth Circuit 2020-11-30 Denied Response WaivedIFP 4th-amendment bailey-v-united-states detention fourth-amendment immediate-vicinity michigan-v-summers police-authority premises-search probable-cause reasonable-suspicion search-and-seizure search-warrant 1. Does the rule of Michigan v. Summers, 452 U.S. 692 (1981), which permits police officers executing a search warrant to detain occupants of a reside…
20-6444 Ronnie Eugene Fuston v. Oklahoma Oklahoma 2020-11-27 Denied IFP cell-site-location-information fourth-amendment good-faith-exception probable-cause state-statute statutory-interpretation warrant-requirement In a pre-Carpenter v. United States case, did the state appellate court err in extending the good faith exception to the Fourth Amendment warrant requ…
20-6454 Mark David Zimmerman v. Texas Texas 2020-11-25 Denied IFP 4th-amendment constitutional-law constitutional-rights fourth-amendment fruit-of-the-poisonous-tree k-9-search probable-cause reasonable-suspicion search-and-seizure traffic-stop #I: Oid The State of Texas ard the Texas Criminal Court of Appeals, the State Court of last resort, err by affrming the lower trial Court and Judge Br…
20-6343 Ashley Fernandes v. Massachusetts Massachusetts 2020-11-16 Denied Response WaivedIFP 4th-amendment criminal-procedure digital-devices digital-search-warrant electronic-evidence evidence fourth-amendment general-warrants probable-cause search-and-seizure search-warrant May a search warrant authorize an unlimited search of all of a suspect's digital devices based on an affidavit describing the type of crime being inve…
20-6315 Darris Altony Newsome v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2020-11-13 Denied IFP criminal-charges criminal-procedure double-jeopardy due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause sixth-amendment victim-testimony witness-testimony 1. Did the Courts erred in the opinion that petitioners DELEON WAS dismissed Muary unauthorized And successive, And denied relief oof ACEGABAL qpeuids…
20-653 Henry Hamilton v. City of Hayti, Missouri, et al. Eighth Circuit 2020-11-12 Denied Response Waived arrest-warrant arrest-warrants discretionary-authority fourth-amendment gerstein-v-pugh judicial-immunity municipal-court probable-cause quasi-judicial-immunity In Gerstein v. Pugh, 420 U.S. 130 (1974), this Court found a prosecutor was disqualified from making a determination of probable cause for the issuanc…
20-595 Dennis Lemma, Sheriff, Seminole County, Florida v. Seana Barnett Eleventh Circuit 2020-11-05 Denied 4th-amendment civil-rights constitutional-reasonableness detention detention-duration due-process dui dui-arrest fourth-amendment law-enforcement probable-cause 1. Is it constitutionally unreasonable for a jail to detain for eight hours any driver arrested with probable cause for driving under the influence of…
20-6216 Michael E. Torres v. United States Third Circuit 2020-11-04 Denied Response WaivedIFP armed-career-criminal-act arrest criminal-procedure drug-conviction fourth-amendment fourth-amendment-seizure investigative-detention probable-cause reasonable-suspicion 1. The Fourth Amendment requires that police have probable cause before subjecting an individual to an arrest. Police surrounded Appellant, ordered hi…
20-6172 Yulian Manuel Villavicencio, aka Cristian Rodriguez v. United States Fourth Circuit 2020-10-30 Denied Response WaivedIFP 4th-amendment due-process fourth-amendment interdiction probable-cause reasonable-suspicion search traffic-stop vehicle-search Whether payment of $630 for a SUV rental in the defendant's home state of Florida to go to North Carolina for a visit, the inability to recall the spe…
20-564 Rodney Carlisle, Jr. v. Kentucky Kentucky 2020-10-30 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) circuit-split criminal-history-check fourth-amendment fourth-amendment-requirements law-enforcement officer-safety probable-cause traffic-stop Whether the Fourth Amendment permits law enforcement to prolong every traffic stop by performing a criminal history check, or whether the Fourth Amend…
20-552 Jeremiah Paige Rice v. Illinois Illinois 2020-10-28 Denied Response Waived 4th-amendment civil-rights constitutional-rights due-process fourth-amendment free-speech healthcare medical-cannabis probable-cause search-and-seizure warrantless-search Whether the detectable odor of burnt cannabis alone, without any other indicators, is sufficient for law enforcement to form probable cause to subject…
20-6149 Jose Sanchez v. United States Eighth Circuit 2020-10-28 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement probable-cause search-and-seizure traffic-stop unreasonable-search When an improperly performed drug-dog sniff of a vehicle fails to provide probable cause to search for contraband, but law enforcement officers search…
20-6142 Steven Spain v. Illinois Illinois 2020-10-27 Denied Response WaivedIFP 2nd-amendment 4th-amendment civil-rights due-process fourth-amendment gun-rights law-enforcement probable-cause reasonable-suspicion second-amendment terry-v-ohio In a state that allows residents to carry a firearm in public, is it reasonabl e under the Fourth Amendment to stop and arrest someone for carryi ng a…
20-6132 Mose B. Coffee v. Wisconsin Wisconsin 2020-10-26 Denied Response WaivedIFP categorical-approach crime-of-arrest fourth-amendment probable-cause reasonable-suspicion search-incident-to-arrest vehicle-search warrant-requirement Does Gant's reasonable-to-believe exception to the Fourth Amendment's warrant requirement permit searches on probable cause, reasonable suspicion or a…
20-6090 Reginald Ferguson v. United States Sixth Circuit 2020-10-21 Denied Relisted (2)IFP civil-rights consensual-encounter consent criminal-procedure due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion testimony 1. Can a court determine that an encounter was initially consensual when the officer testified that he did not remember how it was initiated, nor is i…
20-518 Darrius Marcel Mastin v. United States Eleventh Circuit 2020-10-20 Denied arrest-warrant bystander-detention constitutional-law fourth-amendment law-enforcement-authority michigan-v-summers police-powers probable-cause reasonable-suspicion search-and-seizure Whether Michigan v. Summers, 452 U.S. 692 (1981), authorizes police officers executing an arrest warrant to detain a bystander without individualized …
20-526 Jason M. Blackburn v. United States Armed Forces 2020-10-20 Denied Response Waived 4th-amendment child-pornography criminal-procedure digital-evidence fourth-amendment good-faith-exception military-justice probable-cause search-and-seizure search-warrant Whether the Court of Appeals erred in holding the good faith exception applied to the search and seizure of Petitioner's computer?
20-5960 Joe Hernandez v. United States Fifth Circuit 2020-10-08 Denied Response WaivedIFP arrest-warrant constitutional-rights fourth-amendment law-enforcement maryland-v-buie probable-cause protective-sweep search-and-seizure standard-procedure I. Does a protective sweep of person's entire residence by law enforcement officers pursuant to "standard procedure" upon their entry when serving an …
20-5918 Leonard F. Locke, Jr. v. United States Eighth Circuit 2020-10-06 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights defense-counsel due-process fourth-amendment ineffective-assistance-of-counsel police-misconduct probable-cause search-and-seizure traffic-stop warrantless-search /.s fine. Supreme CoorY c/lse \Aud J aIonj wiil) Me /4ppeA/MM Covrfs cASc Iauj 2c ~hhe d/sfricf Courts cASe UtJ, fAM rS -from MeSAme c/MricM j- Appa…
20-5911 Josh Albritton v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2020-10-05 Denied Relisted (2)IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Question not identified.
20-5860 Miguel Antonio Wooten v. Warren L. Montgomery, Warden Ninth Circuit 2020-09-30 Denied Response WaivedIFP county-of-riverside-v-mclaughlin criminal-procedure due-process effective-assistance-of-counsel fourth-amendment habeas-corpus probable-cause sixth-amendment 1. On habeas corpus revi ew of a state-court judgment under 28 U.S.C . § 2254, di d the Di strict Court fai l to uphol d peti tioner's Si xth Amendmen…
20-5829 Jerry Fruit v. United States Third Circuit 2020-09-29 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement officer-safety probable-cause rodriguez-precedent search-and-seizure traffic-stop Whether police may delay a traffic stop, in the interest of officer safety, absent probable cause, in order to conduct a search?
20-411 Traize T. Wash v. Ohio Ohio 2020-09-29 Denied Response Waived 4th-amendment automobile-exception civil-rights fourth-amendment law-enforcement pretextual-stop probable-cause racial-profiling reasonable-suspicion search-and-seizure whren-v-united-states 1. Whether a police officer's subject ive intent should be considered in the context of a Fourth Amendment analysis involving a pretextual stop and un…
20-5814 Anthony Kinta Webb v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-09-25 Denied Relisted (2)IFP 6th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment jury-selection probable-cause public-trial search-and-seizure Question not identified.
20-5816 Jose Antonio Acevedo-Lemus v. United States Ninth Circuit 2020-09-25 Denied Response WaivedIFP appellate-review criminal-procedure federal-rules-of-criminal-procedure good-cause plain-error probable-cause search-warrant suppression-motion waiver 1. When a defendant raises a new theory on appeal in support of a suppression motion filed in district court—in this case, a lack of probable cause fo…
20-5794 Scott T. Wilbert v. United States Second Circuit 2020-09-24 Denied Response WaivedIFP appellate-review criminal-procedure fourth-amendment franks-hearing probable-cause search-and-seizure second-circuit suppression-motion 1. Should certiorari be granted because the Second Circuit Court of Appeals improperly affirmed the denial of Petitioner's Fourth Amendment suppressio…
20-5797 Jeffrey Murray v. Rhode Island Rhode Island 2020-09-24 Denied Response WaivedIFP 4th-amendment civil-rights criminal-procedure due-process judicial-determination probable-cause probation-violation standing warrantless-arrest Whether a summons must issue prior to the issuance of a bench warrant, to effect the arrest of a suspected technical probation violator? Whether a su…
20-5765 Daniel F. Borden, Sr. v. Gary Swarthout, Warden Ninth Circuit 2020-09-23 Denied Response WaivedRelisted (2)IFP brady-v-maryland civil-rights constitutional-rights criminal-procedure due-process evidence exculpatory-evidence probable-cause prosecutorial-misconduct Was a Candy Mealy to Police Officers, when The Are Excalpatoay Matecial Evid m exon eanke, A Persens? ial, Evidence That Wo a @ Caw the People Tusk Di…
20-5776 Joel Thomas Augard v. United States Eighth Circuit 2020-09-23 Denied IFP 4th-amendment affidavit criminal-procedure exclusionary-rule good-faith good-faith-exception probable-cause search-warrant warrant-execution (1) Whether the good-faith analysis prohibits consideration of facts not included in the search-warrant affidavit? (2) Whether the good-faith excepti…
20-5727 Martez LaJuan Edwards v. United States Sixth Circuit 2020-09-16 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression fourth-amendment jury probable-cause search-and-seizure standing Question not identified.
20-5690 Darrick Michael Loff v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2020-09-14 Denied Response WaivedIFP civil-rights constitutional-rights due-process evidence-tampering false-arrest fourth-amendment law-enforcement malicious-prosecution probable-cause property-seizure search-and-seizure warrantless-search I. biri prior 1-e rinoad-rle.aci orket.oe earmi:SSIOnt enfed- or aufliori2e. sere 6Pappe lam iszaviAdre_s -froperty ? a uo...c ;1-- /e,3cci-Por -L. cu…
20-283 Austin J. Bass v. Patrick M. Greve, et al. Sixth Circuit 2020-09-03 Denied Response RequestedResponse WaivedRelisted (6) 4th-amendment arrest arrest-justification civil-rights criminal-intent due-process fourth-amendment law-enforcement-discretion probable-cause qualified-immunity Officer Austin Bass ("Officer Bass") responded to a burglar alarm and found Patrick Greve ("Greve") outside a locked and closed nightclub, wrapped in …
20-5589 Wali Ross v. United States Eleventh Circuit 2020-09-03 Denied Response RequestedResponse WaivedRelisted (2)IFP arrest-warrant fourth-amendment hotel-eviction hotel-room payton possessory-interest probable-cause reasonable-belief search-and-seizure I Whether officers, in order to justify entry into a hotel room to execute an arrest warrant, must have probable cause to believe the suspect is prese…
20-5571 Angel C. Pacheco v. Maine Maine 2020-09-02 Denied Response WaivedIFP any-persons-present collective-searches criminal-procedure drug-trafficking fourth-amendment probable-cause search-warrant warrant-standard (1) Whether, to obtain a search warrant authorizing the search of "any," "all" or "unknown" persons likely to be found at a residence believed to be u…
20-5555 Franklin C. Edwards v. Illinois Illinois 2020-09-01 Denied Response WaivedIFP 4th-amendment civil-rights criminal-procedure fourth-amendment investigatory-stop kansas-v-glover law-enforcement probable-cause reasonable-suspicion traffic-stop vehicle-search Duri ng the early morni ng hours, a shooti ng took place in a parking lot of an apartment compl ex. The crime scene was large. There were a lot of she…
20-5476 Derek Tyler Horton v. Alabama Alabama 2020-08-25 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights duty-to-investigate fourth-amendment law-enforcement lawful-arrest pretext pretextual-arrest probable-cause warrant-validity 1.) Whether a police officer's reason for acting , in at least some circumstances , should factor into the Fourth Amendment inquiry?* 2.) Whether t…
20-5405 Jaroderick Hardy v. United States Eleventh Circuit 2020-08-20 Denied Response WaivedIFP criminal-procedure fourth-amendment high-crime-area investigative-stop law-enforcement probable-cause proximity reasonable-suspicion terry-stop Pursuant to Terry v. Ohio, 392 U.S. 1, 22 (1968) and its progeny, law enforcement officers may conduct a brief, investigative stop when, under the tot…
20-5418 Danny Veloz, aka Maestro, aka Joil Rivera v. United States First Circuit 2020-08-19 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence evidence-review franks-hearing franks-v-delaware judicial-discretion probable-cause search-and-seizure search-warrant Whose evidence is a trial judge allowed to consider in making the threshold determination that a defendant has made a substantial preliminary Franks s…
20-5400 Gary Allen Kachina v. United States Eighth Circuit 2020-08-18 Denied Relisted (3)IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Does (8 U.s.c.S9a4ca) provide For criMinal penalties TO Fesons Who possess FireArMs Absent proof that They Knew of their Felon STatUs under plaln Err…
20-5338 Ibrahim McCants v. United States Third Circuit 2020-08-12 Denied Response WaivedIFP anonymous-tip corroboration domestic-violence fourth-amendment police-response probable-cause reasonable-suspicion stop-and-frisk 1. Does an anonymous tip providing minimal physical and location descriptors and alleging ongoing domestic violence that is not corroborated when poli…
20-5339 Leandre R. Jennings, III v. Nebraska Nebraska 2020-08-12 Denied Response WaivedIFP 4th-amendment fourth-amendment good-faith good-faith-exception illinois-v-krull judicial-approval judicial-review law-enforcement probable-cause search-warrant united-states-v-leon 1) Whether, in cases wherein a statute requires judicial approval before law enforcement may conduct a search, the reviewing court, before determining…
20-139 Bryant Kazuyoshi Iwai v. United States Ninth Circuit 2020-08-10 Denied Response RequestedResponse WaivedRelisted (2) anticipatory-search-warrant beeper controlled-delivery exigent-circumstances fourth-amendment home-entry law-enforcement-perjury probable-cause search-and-seizure search-warrant WHETHER THE NINTH CIRCUIT MAJORITY OPINION AS A MATTER OF SOUND PUBLIC POLICY HAS (1) ADOPTED A RULE OF EXIGENT CIRCUMSTANCES TO ENTER A HOME WHERE: …
20-5303 Lawrence A. Dibble v. Ohio Ohio 2020-08-07 Denied Response RequestedResponse WaivedRelisted (2)IFP exclusionary-rule fourth-amendment good-faith-exception judicial-review law-enforcement magistrate oral-testimony probable-cause search-warrant In considering whether a search warrant affidavit is so lacking in indicia of probable cause as to render official belief in its existence entirely un…
20-5285 Melvin Lee Jones v. United States Fourth Circuit 2020-08-06 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment circuit-court-split criminal-procedure drug-enforcement fourth-amendment locked-containers marijuana-odor probable-cause search-and-seizure search-warrant Does probable cause to believe that a small, personal-use amount of drugs is present in a home automatically also provide probable cause to search the…
20-5273 Andrew Hargett, Jr. v. United States Fourth Circuit 2020-08-05 Denied Response WaivedIFP arrest civil-rights criminal-procedure evidence-suppression exclusionary-rule fourth-amendment probable-cause search-and-seizure I. Whether the Fourth Amendment exclusionary rule required suppression of evidence obtained as a result of Mr. Hargett's arrest.
20-5279 William Dale Wooden v. United States Sixth Circuit 2020-08-05 Judgment Issued Amici (6)Response RequestedResponse WaivedRelisted (3)IFP constitutional-rights criminal-procedure due-process fourth-amendment probable-cause search-and-seizure standing warrantless-entry warrantless-search DID THE WARRANTLESS ENTRY AND SEARCH OF PETITIONER'S HOME VIOLATE HIS FOURTH AMENDMENT RIGHT TO BE FREE FROM ILLEGAL SEARCH AND SEIZURE? DID THE SIXT…
20-5215 Jessica Lang v. Nebraska Nebraska 2020-07-30 Denied Response WaivedIFP automobile automobile-exception civil-rights fourth-amendment law-enforcement passenger passenger-rights probable-cause search search-and-seizure Whether police officers violate the Fourth Amendment when they search a passenger's purse, while on her lap, inside an automobile where probable cause…
20-5230 Arthur Lopez v. Newport Beach Police Department, et al. Ninth Circuit 2020-07-30 Dismissed Response WaivedRelisted (2)IFP 4th-amendment civil-rights due-process probable-cause qualified-immunity search-and-seizure Question not identified.
20-5195 Gilbert Carrasco v. United States Ninth Circuit 2020-07-28 Denied Response WaivedIFP 4th-amendment 4th-amendment-violation border-patrol contraband-search fourth-amendment immigration-checkpoint immigration-enforcement probable-cause search-and-seizure suspicion-less-stops unreasonable-search In United States v. Martinez-Fuerte, 428 U.S. 543 (1976), this Court held that the special need of immigration enforcement made it constitutionally pe…
20-5158 Alexander J. Silvers v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-07-24 Denied Response WaivedIFP constitutional-rights detention-challenge double-jeopardy due-process gerstein-v-pugh judicial-determination notice-to-defense probable-cause prosecutorial-discretion 1) Once a neutral magistrate make a judicial determination of probable cause in the arrested offense, does that provide legal justification for the st…
20-5107 Vernon Montgomery v. Delaware Delaware 2020-07-20 Denied Response WaivedIFP appellate-procedure civil-procedure constitutional-review court-review due-process judicial-duty legal-argument perjury probable-cause prosecutorial-misconduct standing Whether the State Court allowed an illegal and unconstitutional search, without Probable Cause at the inception, based on an affidavit containing an o…
20-18 Arthur Gregory Lange v. California California 2020-07-14 Judgment Issued Amici (19)Relisted (2) 4th-amendment exigent-circumstances fourth-amendment home-search misdemeanor misdemeanor-pursuit probable-cause search-and-seizure warrantless-entry Does pursuit of a person who a police officer has probable cause to believe has committed a misdemeanor categorically qualify as an exigent circumstan…
20-5013 Rafeal D. Newson v. Superior Court of California, Pima County, et al. Seventh Circuit 2020-07-09 Denied IFP breach-of-contract civil-procedure civil-rights constitutional-rights criminal-procedure due-process extradition extradition-process federal-procedure habeas-corpus interstate-detainers-act probable-cause (A) The U.S. Court of Appeals for the Seventh Circuit relied on HECK v. Humphrey, 512 U.S. 477, the usual part of malicious prosecution and its favora…
19-8917 Melody Jackson Hale v. Indiana Department of Child Services, et al. Seventh Circuit 2020-07-08 Denied Response WaivedIFP 4th-amendment civil-rights due-process probable-cause property-rights search-and-seizure How Can a Casewrker hild you apm you will at locel bospital oftei Chld birth e seelie fals ify documents How Coen Cps /DCs case workher Viceate yu Co…
19-8926 Roberto Clemente Govea v. United States Sixth Circuit 2020-07-08 Denied Response WaivedIFP circuit-court-split circuit-split fourth-amendment good-faith-exception probable-cause reasonably-trained-officer reasonably-well-trained-officer search-and-seizure search-warrant supreme-court-review I. Whether the decision of the Sixth Circuit Court of Appeals in holding that the good-faith exception of Leon v. United States, 468 U.S. 897, 104 S. …
19-8913 Wasfi Abbassi v. United States Ninth Circuit 2020-07-07 Denied Response WaivedIFP false-information fourth-amendment fourth-amendment-violation miranda-rights probable-cause search-warrant stale-information terry-stop Whether the Ninth Circuit's upholding of a search warrant based almost exclusively on false, misleading and stale information violated the Fourth Amen…
19-1468 Brian Anthony Wiley v. Tennessee Tennessee 2020-07-07 Denied Response Waived campsite-privacy civil-rights due-process fourth-amendment law-enforcement-conduct privacy private-property probable-cause search-and-seizure vehicle-search warrantless-search Whether the Fourth Amendment of the United States Constitution permits police to enter a privately rented campsite without probable cause or invitatio…
19-8871 Joshua Adam Schulte v. William P. Barr, Attorney General, et al. Second Circuit 2020-07-01 Denied Response WaivedIFP administrative-law civil-rights constitutional-rights criminal-procedure due-process fourth-amendment habeas-corpus probable-cause search-and-seizure standing Does an aggrieved party have no right to appellate review of a Closed 28 U.S.C. §2241 pretrial habeas corpus civil action Challenging Pretrial Conditi…
19-1436 Denise DeMartini v. Town of Gulf Stream, Florida Eleventh Circuit 2020-06-30 Denied 42-usc-1983 causation civil-lawsuit civil-litigation civil-rights first-amendment first-amendment-retaliation municipal-liability probable-cause retaliation section-1983 Did the Eleventh Circuit err in importing a "lack of probable cause" requirement for a First Amendment retaliation claim under 42 U.S.C § 1983 arising…
19-1429 David Pena, III v. Texas Texas 2020-06-26 Denied 4th-amendment automobile-exception criminal-procedure criminal-procedure-4th-amendment-search-and-seizur exclusionary-rule fourth-amendment fruit-of-poisonous-tree fruit-of-the-poisonous-tree miranda-rights probable-cause search-and-seizure 1. Whether Texas' Third Court of Appeals Erred by Finding that the Items Found in the Trunk of Petitioner's Car Did Not Constitute Fruit of the Poison…
19-8777 In Re Garvester Bracken 2020-06-22 Dismissed IFP article-iii article-iii-jurisdiction criminal-procedure due-process judicial-determination jurisdiction probable-cause removal standing trial-court-jurisdiction WHETHER IN ABSENCE OF DEFENDANT AND DEFENSE COUNSEL HAVING NOT BEEN PERSONALLY PRESENT DURING ANY STAGE OF THE TRIAL PROCEEDINGS DID THE TRIAL COURT H…
19-8676 Fatou Small v. United States Third Circuit 2020-06-11 Denied Response WaivedIFP fourth-amendment informant-tip probable-cause reasonable-suspicion totality-of-the-circumstances traffic-offense vehicle-stop Whether a vehicle stop was performed in violation of Petitioner's Fourth Amendment rights when no observable traffic offense was committed by Petition…
19-8651 Kevin Remillard v. Ohio Ohio 2020-06-10 Denied IFP fourteenth-amendment fourth-amendment motion-to-suppress personal-papers probable-cause search-warrant warrantless-search welfare-check The Police entered Mr. Remillard's locked home and bedroom without a search warrant. The Police had reason to believe Mr. Remillard may have committed…
19-8596 Ryan Galal VanDyck v. United States Ninth Circuit 2020-06-04 Denied Response WaivedIFP digital-surveillance fourth-amendment internet-privacy internet-protocol-address online-privacy probable-cause subscriber-information third-party-doctrine 1. Once it is linked to a particular subscriber, an Internet Protocol address is capable of revealing a wealth of private information about that subsc…
19-1327 Kris V. Zocco v. Wisconsin Wisconsin 2020-06-01 Denied Response Waived cell-phone-search cell-phone-searches cell-phones evidence evidence-search fourth-amendment general-warrant general-warrants particularity-requirement personal-computers probable-cause search-and-seizure warrant-requirement Is the Fourth Amendment's ban on general warrants violated by a warrant broadly authorizing search of the "contents" of a cell phone for unspecified "…
19-8527 Rodney Douglas Eaves v. Colorado Department of Corrections, et al. Tenth Circuit 2020-05-22 Denied Response WaivedIFP 5th-amendment affidavit constitutional-rights court-procedure criminal-procedure due-process evidence fifth-amendment probable-cause waiver 1.) Whether the Fifth Amendment is violated when an unverified Complaint and Information is used in lieu of a probable cause hearing. 2.) Whether a …
19-8508 Javier Villar v. United States Eleventh Circuit 2020-05-20 Denied Response WaivedIFP 4th-amendment criminal-procedure exclusionary-rule managerial-role motion-to-suppress probable-cause search-and-seizure sentencing-enhancement standing u-s-sentencing-guidelines (1) Whether the District Court and the Court of Appeals erred in denying the Defendant's motion to suppress evidence located in the Appellant's reside…
19-1301 Clyde S. Bovat v. Vermont Vermont 2020-05-20 Denied Amici (3)Relisted (3) 4th-amendment curtilage exigent-circumstances fourth-amendment law-enforcement probable-cause reasonable-expectation-of-privacy search-and-seizure warrant-requirement Whether a police officer can access "semiprivate" areas within a home's curtilage to conduct an investigation without a warrant.
19-8486 Quincy Tremayne Bloodworth v. United States Sixth Circuit 2020-05-18 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights fourth-amendment law-enforcement marijuana-legalization police-encounter probable-cause search-and-seizure standard-of-review unreasonable-seizures Are immunities provided and protected against seizures? Poor people from when certain seizures are prolonged to rely Does the Fourth Amendment of the…
19-8437 Joh-ner Taylor Wilson v. Illinois Illinois 2020-05-12 Denied Response WaivedIFP civil-rights due-process fabricated-evidence false-arrest fourth-amendment perjured-testimony probable-cause warrantless-arrest wrongful-conviction 1) Whether, Wilson's Warraantless Arrest and Detention WITHOUT PROBABLE CAUSE violates the Fourth Amendment , NOT ONLY when it precedes, but also wh…
19-1277 David Thorpe v. Dexter Dumas, et al. Eleventh Circuit 2020-05-12 Denied Relisted (2) 42-usc-1983 absolute-immunity administrative-acts civil-rights due-process investigative-acts probable-cause prosecutorial-immunity prosecutorial-misconduct qualified-immunity section-1983 Question 1. Whether a supervising Deputy District Attorney who assigned three (4) District Attorneys over a two-year period to a case that lacked prob…
19-8418 Rupert Stamps v. Detective Paris Capalupo, et al. Fourth Circuit 2020-05-08 Denied IFP affidavit exclusionary-rule fourth-amendment probable-cause search-warrant standing Question not identified.
19-8423 Christopher Gies v. Ohio Ohio 2020-05-08 Denied Response WaivedIFP fourth-amendment good-faith good-faith-doctrine probable-cause probation-search reasonable-suspicion statutory-compliance warrantless-search warrants-clause Does a warrantless probation search conducted outside the scope of an authorizing state regulation and not authorized by a condition of probation, and…
19-8401 Roderick Delon Lewis v. United States Fourth Circuit 2020-05-05 Denied Response WaivedIFP collins-v-virginia curtilage fourth-amendment probable-cause reasonable-suspicion terry-stop terry-v-ohio warrant 1- Whether an officer's intrusion into the front and back yards of the Petitioner's residence so obviously implicated the Fourth Amendment curtilage p…
19-8393 Joshua Tucker v. United States Sixth Circuit 2020-05-04 Denied Response WaivedIFP 4th-amendment 5th-amendment civil-rights criminal-procedure due-process fourth-amendment law-enforcement probable-cause probation probation-rights search-and-seizure warrantless-searches Whether a probationer has a right to be free from warrantless searches and seizures conducted by law enforcement officials without reason or purpose p…
19-1262 Steven Eric Greer v. Dennis Mehiel, et al. Second Circuit 2020-04-30 Denied Response Waived civil-rights constitutional-rights final-policymaking-authority first-amendment government-entity government-liability monell monell-claim monell-v-department-of-social-services petition press probable-cause retaliation retaliation-claim rule-60-motion The Lozman question Did the lower courts misapprehend, then ignore completely on appeal, Lozman v. City of Riviera Beach, Fla., 13 8 S. Ct. 1945 (201…
19-8360 Juan C. Parra-Interian v. Mike Obenland Ninth Circuit 2020-04-26 Denied Response WaivedIFP civil-procedure constitutional-error criminal-procedure due-process evidence exculpatory-evidence harmless-error joinder-of-charges probable-cause standing witness witness-testimony Is it lawful to have a witness testify in a case where they have NO Direct knowledge of the facts? Can a State Court Joinder of Dissimilar charges, w…
19-8347 Joseph A. Daniels v. Virginia Virginia 2020-04-23 Denied IFP due-process exigent-circumstances extrinsic-fraud Fourth-Amendment jurisdiction motion-to-vacate probable-cause property-rights standing void-judgment warrantless-search I.Did the Sapreme Court of Virginia have jurisdiction to adjudicate the claims of Daniels' Motion to Vacate, based upon extrinsic Frand, and Could be …
19-8250 Michael Thomas Gaussiran v. United States Ninth Circuit 2020-04-13 Denied Response WaivedIFP constitutional-rights fourth-amendment probable-cause reasonable-suspicion search-and-seizure traffic-stop unreasonable-searches unreasonable-searches-and-seizures vehicle-search Whether the Fourth Amendment's Right To Be Free From Unreasonable Searches And Seizures Requires Reversal When There Is No Evidence To Support Reasona…
19-8227 Joshua Dwayne Carrier v. Colorado Colorado 2020-04-09 Rehearing Response WaivedRelisted (2)IFP 4-year-old-transaction 4th-amendment 4th-amendment-violation constitutional-rights double-jeopardy expert-testimony fourth-amendment probable-cause search-warrant stale-information 1. WAS THE SEARCH WARRANT FOR MR. CARRIERS HOME AND COMPUTERS RELYING ON A SINGLE TRANSACTION FROM FOUR YEARS EARLIER BASED UPON STALE INFORMATION AND…
19-8212 Santiago Soto-Garcia v. United States Eighth Circuit 2020-04-08 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights due-process law-enforcement probable-cause search-and-seizure traffic-stop witness-testimony I. Did the 8th cir. court of appeals error when they concluded that the ^ in plain view and registeredmere presents or possession of guns/weapons that…
19-1200 Johndrell Elliott v. Ohio Ohio 2020-04-08 Denied 4th-amendment dog-handler dog-sniff drug-offense drug-sniffing-dog fourth-amendment probable-cause rodriguez-standard rodriguez-v-us search-and-seizure traffic-stop warrantless-search GIVEN A TRAFFIC STOP MADE BY THE STATE TROOPER, WHO WAS THE "DOG HANDLER" INVOLVED, WAS ACTUALLY IN THE PROCESS OF FINALIZING HIS TICKET WRITING, WHEN…
19-8201 James R. Householder v. Pennsylvania Pennsylvania 2020-04-07 Denied IFP civil-rights criminal-procedure exigent-circumstances fourth-amendment probable-cause search-and-seizure 1. Why did the Supreme Court of Pennsylvania, Western District, Docket No. 474 WAL 2018, not answer any of my questions? 2. Because of the accusers'…
19-8181 Arkeem Hakim Jordan v. North Carolina Fourth Circuit 2020-04-03 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence-disclosure particularity probable-cause prosecutorial-misconduct search-and-seizure speedy-trial scrition As to whnat property to seize. Any Emerbency our homes Doors . wrtnout thcre being constrtutION Issue Fouk.wus the sturch warrant ane Affiduv…
19-8131 Dwayne B. Sheron v. United States Sixth Circuit 2020-03-30 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement police-powers probable-cause reasonable-suspicion search-and-seizure vehicle-search warrantless-search WHETHER a police officer can utter the magic words "I smelled an odor of marihuana" long after he conducted illegal search of a vehicle to justify sai…
19-8147 Romulo Murillo-Morales v. United States Second Circuit 2020-03-30 Denied Response WaivedIFP constitutional-rights criminal-procedure fourteenth-amendment fourth-amendment probable-cause search-and-seizure warrant-requirement Whether PETITIONER'S conviction is constitutional, where the search and seizure of the petitioner was without a warrant and probable cause in violatio…
19-8104 Juan Gonzalez-Arias v. United States First Circuit 2020-03-26 Denied Response WaivedIFP circuit-split constitutional-rights criminal-procedure drug-trafficking fourth-amendment home-search nexus probable-cause right-to-counsel search-warrant sixth-amendment 1. Was there sufficient evidence of probable cause to establish a nexus between Mr. Gonzalez-Arias's drug trafficking activity and his home to justify…
19-8069 Eric S. Newton, Jr. v. Ohio Ohio 2020-03-23 Denied IFP 4th-amendment cell-phone-search civil-rights constitutional-rights fourth-amendment jurisdiction law-enforcement-misconduct police-misconduct probable-cause search-and-seizure search-warrant 1. Was the Ohio Supreme Court in error when it refused to accept jurisdiction over a matter that, like the instant petition, involves a substantial Co…
19-1161 Justin Hawkins v. Ohio Ohio 2020-03-23 Denied Response Waived 4th-amendment civil-rights due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion stolen-vehicle traffic-stop vehicle-registration vehicle-search Whether a report that a car's color is different from the color listed on the car's registration — without any additional facts — gives a police offic…
19-8050 Cuwan Merritt v. United States First Circuit 2020-03-20 Denied Response WaivedIFP 4th-amendment canine-sniff criminal-procedure de-facto-arrest law-enforcement probable-cause reasonable-articulable-suspicion reasonable-suspicion search-and-seizure Whether the level of corroboration and investigation required for reasonable articulable suspicion gives rise to a de facto arrest, which requires pro…
19-8014 Michael Artis v. United States First Circuit 2020-03-17 Denied Response WaivedIFP arrest criminal-activity criminal-conspiracy evidence-suppression fourth-amendment law-enforcement probable-cause search-and-seizure Whether the Fourth Amendment of the United States Constitution requires that evidence be suppressed where agents lacked probable cause to arrest two p…
19-7983 Eric S. Newton, Jr. v. Ohio Ohio 2020-03-13 Denied IFP 4th-amendment affidavit cell-phone-search civil-rights constitutional-rights fourth-amendment fourth-amendment-rights law-enforcement-misconduct misidentification police-misconduct probable-cause reckless-disregard search-and-seizure search-warrant standing 1. Was the Ohio Supreme Court in error when it refused to accept jurisdiction over a matter that, like the instant petition, involves a substantial Co…
19-7950 Daejerron L. Valentine v. Nebraska Nebraska 2020-03-10 Denied Response WaivedIFP 4th-amendment ambiguity automobile-exception conjunctive consistency criminal-procedure Did the removal of 'or' create ambiguity? disjunctive fourth-amendment Is a defendant entitled to consistent jury instruc jury-instructions jury-trial legislative-history possession probable-cause reasonableness reasonableness-standard scope-of-search search search-and-seizure search-scope statutory-interpretation warrant-requirement warrantless-search 1) Did the warrantless search of an automobile pursuant to the automobile exception become unreasonable when police officers expanded the search beyon…
19-1112 Stephanie Jones v. Jeremy Eder, et al. Fifth Circuit 2020-03-10 Denied Response Waived civil-rights fourth-amendment interstate-commerce-clause preemption prescription-drugs prescription-medication probable-cause search-and-seizure supremacy-clause warrantless-seizure Does the Fourth Amendment, the Supremacy Clause, or the Interstate Commerce Clause prohibit state actors from warrantlessly seizing the People and the…
19-7828 Ronald Hayward v. Keith J. Foley, Warden Sixth Circuit 2020-03-02 Denied IFP 4th-amendment box-truck civil-rights constitutional-rights due-process fourth-amendment law-enforcement probable-cause racial-profiling search-and-seizure standing vehicle-search 1. Do a police officer have probable cause to search a vehicle or a box truck without a search warrant? 2. Do citizens has the protection of the Four…
19-1055 Dustin Moss v. United States First Circuit 2020-02-25 Denied Response Waived 4th-amendment civil-procedure criminal-procedure evidence-suppression fourth-amendment fourth-amendment-violation illegal-search package package-description particularity-requirement probable-cause search-warrant tracking-number Where a search warrant particularly described a package to be searched, was the search of a completely different package illegal where that package wa…
19-7682 Eric Beverly v. United States Fifth Circuit 2020-02-18 Denied Response WaivedIFP cell-site-location-information criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception probable-cause search-and-seizure warrant warrant-application Whether Petitioner's rights under the Fourth Amendment were violated when the government used misleading information to seek a warrant for evidence it…
19-7656 Michael Huntoon v. United States Ninth Circuit 2020-02-12 Denied Response WaivedIFP 4th-amendment affidavit computer-privacy computer-search fourth-amendment franks-hearing magistrate probable-cause reasonable-expectation-of-privacy search-and-seizure search-warrant 1. Whether or under what ci rcumstances i s this Court's rul ing in Jacobsen applicabl e to computers i n that a person l oses any reasonabl e expecta…
19-7657 Marion L. Sherrod v. Sidney D. Harkelroad, et al. Fourth Circuit 2020-02-12 Denied Response WaivedIFP 8th-amendment civil-procedure civil-rights due-process exclusionary-rule fourth-amendment probable-cause qualified-immunity seizure seizure-disorder standing warrantless-search Whether the s. Corto Appes appction f the discretona waiver doctrine prejidiced M. Sherod a pro e petitionn Whether under Artice of the Constittion o…
19-7631 Regina Wolgamott v. United States Ninth Circuit 2020-02-11 Denied Response WaivedIFP 4th-amendment circuit-split civil-rights due-process fourth-amendment garrison-v-hudson law-enforcement privacy privacy-rights probable-cause residential-search search-and-seizure search-warrant standing If when executing a search warrant of a single-family residence, officers discover multiple occupants with their own private rooms, are officers requi…
19-7601 Craig K. Garrett v. Joseph Madder, et al. Ninth Circuit 2020-02-10 Denied IFP civil-rights constitutional-rights criminal-procedure digital-privacy due-process effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel law-enforcement probable-cause prosecutorial-misconduct public-defender right-to-counsel search-and-seizure state-attorney Question not identified.
19-7592 John D. McAllister v. Timothy Malfitano, et al. Fourth Circuit 2020-02-07 Denied Relisted (2)IFP 4th-amendment civil-rights due-process fourth-amendment judicial-integrity jurisdiction jurisdictional-overreach law-enforcement-misconduct probable-cause search-and-seizure warrant-falsification 1). Is it legal for the Jacksonville Police Department to falsify warrants and forge a magistrate name to illegally arrest a man for 25 year old warra…
19-7610 Luciano Camberos-Villapuda v. United States Eighth Circuit 2020-02-07 Denied Response WaivedIFP automobile-exception collins-v-virginia curtilage Due-Process exigent-circumstances Expectation-of-Privacy fourth-amendment payton-v-new-york probable-cause Warrantless-Entry warrantless-search Does "exigent circumstances" needs justification when officers conducted a warrantless entry onto the curtilage unlawfully? And whether a warrantless …
19-7522 Dedrick Matthews v. Louisiana Louisiana 2020-01-31 Denied Response WaivedIFP and whether the admission of blood test results w birchfield-precedent birchfield-v-north-dakota causation causation-analysis criminal-procedure fourth-amendment probable-cause search-and-seizure vehicular-homicide vehicular-negligence (1) Was defendant's conduct a substantial factor in causing the victim's death or serious bodily injury, when the accident would have occurred without…
19-7445 Maechel Shawn Patterson v. United States District Court for the Eastern District of North Carolina Fourth Circuit 2020-01-28 Denied IFP civil-rights constitutional-law constitutional-rights criminal-procedure deportation due-process habeas-corpus law-enforcement pro-se probable-cause search-and-seizure standing warrantless-search ARE All StAtE PRiSONERS bEINg UN/Awfolly Held, If the eVideNCe UsED TO CONVICT THEM INVOlUED SheRiff DepaRrtment offciAls from ONE CoontyI SEARCHiNg S…
19-7419 Timothy Shayne Hardin, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-01-27 Denied IFP appeals arrest charge civil-rights community-supervision constitutional-rights criminal-procedure criminal-procedure-due-process dismissal due-process evidence-suppression fourth-amendment probable-cause probation revocation search-and-seizure sentencing Question not identified.
19-928 Kenneth Fernandez Johnson, Jr. v. Sadie Darnell, Sheriff, Alachua County, Florida, et al. Eleventh Circuit 2020-01-24 Denied Response Waived 42-usc-1983 civil-rights-statute due-process false-arrest false-imprisonment favorable-termination fourteenth-amendment fourth-amendment malicious-prosecution probable-cause 1. Review whether my Fourth Amendment right to be free from unreasonable searches and seizures was violated after I was falsely arrested, falsely i…
19-7378 Octavio Diaz v. San Bernardino County, California, et al. California 2020-01-22 Denied IFP 2nd-amendment brady-v-maryland brady-violation circuit-conflict civil-rights civil-rights-violation discriminatory-arrest due-process free-speech manuel-v-city-of-joliet probable-cause second-amendment self-defense Petitioner 's case was wrongly affirmed by the California Court of Appeal for reasons of "probable cause ", despite the fact that Manuel v. City of J…
19-7225 Michael Lara Salas v. N. Vazquez, Warden Fifth Circuit 2020-01-13 Denied Response WaivedIFP civil-procedure-issues constitutional-provisions due-process factual-background police-report standing 4th-amendment civil-rights due-process exigent-circumstances probable-cause search-and-seizure Please read on page 22, Motion requesting on Petition for a writ of certiorari also please read Exhibit-C-Page-24-26 ; also please read as follow the …
19-7221 Anthony Gray v. United States Ninth Circuit 2020-01-09 Denied Response WaivedIFP 4th-amendment 4th-amendment,probable-cause,search-and-seizure,ma marijuana probable-cause recreational-marijuana search-and-seizure vehicle-search I. Does the faint smell of marijuana in a car, alone, give local police probable cause to search the car for contraband under the Fourth Amendment? I…
19-860 Nikolai Bosyk v. United States Fourth Circuit 2020-01-09 Denied Response Waived child-pornography circuit-split criminal-procedure fourth-amendment ip-address probable-cause search-and-seizure search-warrant Whether the single click of a URL link to child pornography by someone using an individual's IP address can provide probable cause to support a search…
19-7213 Rodney Banks v. California California 2020-01-08 Denied IFP 4th-amendment 5th-amendment arrest constitutional-rights criminal-procedure due-process evidence fourth-amendment law-enforcement miranda-rights probable-cause search-and-seizure I AM ReQUesTinG FoR ReVIeW THAT -ARRESTING OFFICER DId NOT ReAd ME my MIRAnDA RIGHTS. AUd THE JURY GOT THE WRonG eviden ce foR DelibeRATiON.
19-7164 Dominic Howard v. United States Fifth Circuit 2020-01-06 Denied Response WaivedIFP criminal-procedure due-process exclusionary-rule fifth-circuit fourth-amendment in-forma-pauperis ineffective-assistance-of-counsel judicial-review pro-se probable-cause search-and-seizure sentencing standing writ-of-certiorari Question not identified.
19-7171 Samuel Turner v. United States Eighth Circuit 2020-01-06 Denied Response WaivedIFP arrest civil-rights conviction-and-sentence criminal-procedure criminal-procedure-4th-amendment-search-and-seizur drug-possession due-process exculpatory-evidence fourth-amendment fourth-amendment-search-and-seizure investigative-reports police-conduct probable-cause search-and-seizure subpoena-duces-tecum supervisory-power 1.) Whether, the lower courts erred by upholding the arrest of Mr. Turner? 2.) Whether the lower courts erred in denying and upholding the denial of …
19-7129 Brian Moore v. New Jersey New Jersey 2019-12-31 Denied IFP consent-form consent-to-search fourth-amendment fourth-amendment-rights motel-room oath-administration probable-cause search-and-seizure state-courts telephonic-warrant warrant-validity Whether the Petitioner's Fourth Amendment right was violated where a consent-to-search form indicates it was signed AFTER the search and seizure occur…
19-7096 David Lee Smith v. Rick Jackson Fourth Circuit 2019-12-30 Denied Response WaivedRelisted (2)IFP civil-rights criminal-evidence criminal-procedure due-process evidence evidentiary-standard fingerprint fingerprint-analysis jury jury-confusion probable-cause standing wrongful-conviction ARE 92954 PETITLONER(S\ ENTITLLEA TO REAAAND, INILTH INSTRUCTIONS FOR AISTRICT COURT TQ ORDER CASE ATSMISSED AITTH PREAUDICERECAUSE OF PROSEC.UTIPS ON…
19-814 Tony Deshawn McCoy v. United States Fourth Circuit 2019-12-27 Denied Amici (1) armed-and-dangerous fourth-amendment law-enforcement-discretion marijuana-possession probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio Whether officers can presume that a person is "armed and presently dangerous" simply because the person possesses any amount of marijuana, however sma…
19-797 City of St. Louis, Missouri, et al. v. Mary R. Meier Eighth Circuit 2019-12-23 Denied 14th-amendment 42-usc-1983 4th-amendment civil-rights fourteenth-amendment fourth-amendment municipal-liability probable-cause section-1983 seizure wanted-bulletin warrantless-seizure Every year, thousands of automobiles are identified in law enforcement databases as stolen or wanted in connection with crimes. Warrants for seizure o…
19-7037 Shannon Bradley v. Thomas A. Cox, Jr. Georgia 2019-12-20 Denied Response WaivedIFP 4th-amendment arrest-procedure civil-rights constitutional-rights due-process evidence evidence-suppression exclusionary-rule jurisdiction probable-cause search-and-seizure trial-court-jurisdiction unlawful-search unlawful-seizure f). Fofl. TUd. TttXM_ tDOOX Tb PrLiOvie. y UouSI-T IauToUM Ovb'TftTT^g'O XTS '^Oft.XSviXcr-LD.Nl To G£ &ecA.o^e, The u)aft_ft-A/^Ti£LS>S ETTdT tTYo "&…
19-794 Daniel Macias, et al. v. Raymond Nichols, et al. Ninth Circuit 2019-12-20 Denied Response RequestedResponse WaivedRelisted (2) circuit-split civil-dispute civil-procedure civil-rights district-of-columbia-v-wesby fourth-amendment law-enforcement ninth-circuit probable-cause qualified-immunity section-1983 wesby A magistrate judge granted Riverside police officers qualified immunity on a § 1983 unlawful arrest claim, finding there was probable cause for the ar…
19-7020 Nahach Garay v. United States Ninth Circuit 2019-12-19 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure fourth-amendment inventory-search law-enforcement probable-cause search-and-seizure training-and-experience warrant warrantless-search 1. Whether, a purported inventory search that produces no inventory, can justify the warrantless search of automobile after its occupants have been re…
19-6969 Leviticus A. Swift v. Georgia Georgia 2019-12-18 Denied IFP 4th-amendment arrest-warrant civil-rights constitutional-rights criminal-procedure criminal-trial due-process exclusionary-rule fourth-amendment indictment probable-cause search-and-seizure RESENTED TO THE MAGISTRATE INSUFFICIENT TO PROVE PETITIONER SNE PTI HH 1ILLIVN IS THE INDIOTMENT IN THIS CASE VALID WHEN IT WAS NOT RETARNED YA GRANd …
19-6990 King Bush v. Kannika Say Michigan 2019-12-18 Denied IFP benefits civil-rights confidential-informant criminal-procedure due-process false-documents fourth-amendment fraud green-card immigration immigration-fraud law-enforcement marriage money-laundering probable-cause search-and-seizure I want to void marrdige based on immig vation fraud? Kannika say shewas married to heruncle during the time she was living withme 8127/2oob, wasmy mar…
19-7006 Alvin Andrae Drummond v. United States Fourth Circuit 2019-12-18 Denied Response WaivedIFP 4th-amendment armed-career-criminal-act criminal-sentencing misdemeanor-crime-of-violence physical-force predicate-offense probable-cause search-warrant statutory-interpretation violent-crime Petitioner Alvin Drummond presents two questions for this Court's review: 1. Whether a misdemeanor crime of violence, not aggravated by any additiona…
19-6963 Roland A. Prenatt v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-12-17 Denied Relisted (2)IFP 6th-amendment attorney-accountability civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment mental-health probable-cause search-and-seizure sixth-amendment-speedy-trial,due-process,right-to- speedy-trial If the sixth amendment of the us, consfitotion quarantees the accused, the right to a speedy trial, then why does the Judge and Attorney feel they hav…
19-6890 Kevin Lamont Pearson v. United States Tenth Circuit 2019-12-10 Denied Response WaivedIFP district-court due-process federal-rules-of-criminal-procedure final-revocation-hearing magistrate-judge probable-cause procedural-review revocation-hearing rule-32.1 standing Does the plain text of Rule 32.1 of the Federal Rules of Criminal Procedure bar a district court from considering an alleged violation at a final revo…
19-6887 In Re Brad K. Edmonds 2019-12-09 Denied Relisted (2)IFP 4th-amendment 4th-circuit carpenter-v-united-states civil-rights criminal-procedure due-process fourth-amendment gps-tracking probable-cause retroactivity search search-and-seizure suppression warrantless-search 1. Did the government installation of a GPS device on a vehicle and its use of that device to monitor the car constitute a search? 2. Did trial couns…
19-6816 Michael J. Warner, II v. Maine Maine 2019-12-03 Denied Response WaivedIFP affidavit burglary cell-phone-data criminal-evidence nexus nexus-requirement probable-cause search-warrant Whether an affidavit in support of a search warrant that contains neither specific allegations that a burglary suspect's cell phone data contain evide…
19-693 Peter Balov v. California California 2019-12-02 Denied Response Waived blood-alcohol-content blood-draw coercion consent dui fourth-amendment officer-authority probable-cause search-and-seizure Is a motorist's consent to a blood draw, for purposes of determining blood-alcohol content, voluntary within the meaning of the Fourth Amendment where…
19-6766 Miles Barton Nichols v. United States Ninth Circuit 2019-11-27 Denied Response WaivedIFP fourth-amendment fourth-amendment-search-and-seizure franks-hearing franks-v-delaware informant-credibility law-enforcement-procedure material-omissions probable-cause recklessness search-warrant 1. Whether a finding of recklessness, entitling a defendant to a hearing pursuant to Franks v. Delaware, should be inferred where the omissions are cl…
19-6753 Benitez Auguarius Moody v. United States Fourth Circuit 2019-11-26 Denied Response WaivedIFP affidavit-challenge deliberate-falsehood due-process fourth-amendment franks-v-delaware intentional-falsehoods intentional-falsity probable-cause search-warrant Whether the characterization of deliberate falsehoods in a search warrant affidavit as mere imprecision eviscerates the right of a defendant as enunci…
19-6698 Amon Rweyemamu Mtaza v. United States Fifth Circuit 2019-11-20 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights conflict-of-interest due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel involuntary-consent plain-view-doctrine probable-cause search-and-seizure sixth-amendment venue-defense wire-fraud 1. Whether jurists of reasonable mind would debate that counsel was ineffetive in violation of Sixth amendment for failure to investigate and litigat…
19A536 Octavio Diaz v. San Bernardino County, California California 2019-11-14 Presumed Complete due-process fourth-amendment probable-cause qualified-immunity self-defense summary-judgment Question not identified.
19-6603 Dijon Rasheed Brown v. United States Eighth Circuit 2019-11-13 Denied Response WaivedIFP 4th-amendment anticipatory-warrant controlled-delivery drug-possession fourth-amendment jury-selection probable-cause search-and-seizure standing The Eighth Circuit Court Of Appeals does not require that the conditions governing an anticipatory warrant be explicit, clear, and narrowly drawn. Doe…
19-6578 John Garrett Smith v. Washington Washington 2019-11-12 Denied Relisted (2)IFP civil-rights criminal-procedure due-process judicial-review jurisdiction probable-cause standing A. Is it legally permissible for a State Superior Court to acknowledge that State's witness is openly committing multiple counts of "perjury worthy of…
19-6585 Gelu Topa v. Almonte Kerbs, et al. Eleventh Circuit 2019-11-12 Denied IFP arrest arrest-procedure civil-rights constitutional-rights due-process law-enforcement-conduct miranda-rights police-misconduct probable-cause public-defender subpoena video-evidence Why in ARREST/NOTICE TO APPEAR page nr. 1 they do not have a video with me if I committed an offense on location Fowler/Colonial Ave Ft. Myers, FL 33…
19-6587 Jose Joel Helguera-Del Rio v. United States Ninth Circuit 2019-11-12 Denied Response WaivedIFP criminal-procedure evidence evidence-law fourth-amendment plain-view-doctrine probable-cause search-and-seizure traffic-stop 1. Petitioner was the passenger in a vehicle stopped for a driving infraction. When Petitioner opened the glove compartment to retrieve the vehicle's …
19-6522 William Smith v. Texas Texas 2019-11-07 Denied IFP blood-draw constitutional-challenge criminal-procedure fourth-amendment fourth-amendment-interpretation mandatory-blood-draw missouri-v-mcneely probable-cause public-safety search-and-seizure texas-transportation-code warrantless-search 1.Is Texas Transportation Code Sect. 724.012 (b.) (3.)(B). (Texas'mandatory blood draw statute) Constitutional as applied, under the Fourth Amendment …
19-553 Moussa Diarra v. City of New York, New York Second Circuit 2019-10-29 Denied Response WaivedRelisted (2) 42-usc-1983 civil-rights due-process judicial-bias monell-claim monell-liability police-procedure probable-cause substantive-due-process summary-judgment 1. For a summary judgment to be granted, the Circuits must determine that the movant is entitled to "judgment as a matter of law", Miller . New York C…
19-541 Michael Lambert v. Estate of Kevin Brown, by its Successor in Interest Rebecca Brown, et al. Ninth Circuit 2019-10-24 Denied cold-case criminal-investigation criminal-procedure dna-evidence exigent-circumstances false-statements fourth-amendment fourth-amendment-violations murder-case probable-cause search-and-seizure search-warrant third-party 1. Did the Ninth Circuit err by failing to address whether a reasonable officer in Detective Lambert's position would have objectively believed his co…
19-6343 Antoine Richmond v. United States Seventh Circuit 2019-10-23 Denied IFP 4th-amendment criminal-procedure felon-in-possession fourth-amendment home-entry home-privacy probable-cause reasonable-suspicion search-and-seizure warrantless-search Police officers were patrolling a residential neighborhood when they saw Petitioner walking on the sidewalk. They saw that he had something in his fro…
19-513 Aivaras Mardosas v. Florida Florida 2019-10-21 Denied Response Waived bare-bones-affidavit collective-knowledge-doctrine fellow-officer-rule fourth-amendment probable-cause search-warrant suppression-of-evidence Whether under the Fourth Amendment, the "fellow officer rule" (or the collective knowledge doctrine) can be utilized in justifying a search warrant wh…
19-6319 Antonio Bogan v. Jeffrey German, et al. Seventh Circuit 2019-10-21 Denied IFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement owner-knowledge probable-cause stare-decisis vehicle-seizure warrantless-search Whether probable Cause to effect a laarrantless Seizure, of a vehicle is equivalent to officers Wnaoledge of an arrestee, being its Oujner ?Respondent…
19-494 David Zachary Morgan v. Washington Washington 2019-10-17 Denied Amici (3)Response RequestedRelisted (2) 4th-amendment civil-procedure civil-rights due-process fourth-amendment government-search plain-view-doctrine plain-view-exception probable-cause property-seizure search-and-seizure warrant-requirement Whether a government official who would like to seize someone's personal property, and has both probable cause and the time to obtain a warrant, must …
19-6267 Michael E. Goynes, Jr. v. Nebraska Nebraska 2019-10-15 Denied Response WaivedRelisted (2)IFP 4th-amendment affidavit cell-phone cell-phone-privacy crime-investigation criminal-investigation fourth-amendment nexus probable-cause search search-and-seizure search-warrant warrant-requirement Whether the Fourth Amendment prohibits the search of the content of a suspect's cell phone when the affidavit in support of the search provides no nex…
19-6202 Manuel Rodriguez-Santana v. United States First Circuit 2019-10-10 Denied Response WaivedRelisted (2)IFP affidavit constitutional-procedure criminal-complaint criminal-procedure federal-rules-of-criminal-procedure fifth-amendment fourth-amendment magistrate magistrate-review probable-cause No. 1 Whether the District Court Violated the Fourth and Fifth Amendment; Federal jlule Criminal Procedure(Rules 3-4) When it Accepjted; an Accusation…
19-6241 Elfred William Petruk v. United States Eighth Circuit 2019-10-10 Denied Response WaivedIFP confidential-informant confidential-informants drug-evidence eighth-circuit fourth-amendment gps-tracking gps-tracking-warrants illinois-v-gates probable-cause search-warrant stale-information Did the Eighth Circuit erroneously rule, in conflict with this Court's decision in Illinois v. Gates, 462 U.S. 213 (1983), that the search warrant for…
19-6187 Jon Kaiser v. United States Ninth Circuit 2019-10-07 Denied Response WaivedIFP affiant-misconduct affidavit child-pornography civil-rights due-process fourth-amendment judicial-review lascivious-exhibition magistrate-judge probable-cause search-and-seizure search-warrant When an agent-affiant intentionally or recklessly omits the images of purported child pornography from a search warrant application in a case alleging…
19-6095 Charles Devan Fulton, Sr. v. United States Fifth Circuit 2019-09-27 Denied IFP 4th-amendment cellphone-privacy evidence-suppression exclusionary-rule fourth-amendment good-faith-exception leon-good-faith-exception predicate-illegality probable-cause search-and-seizure search-warrant united-states-v-leon warrant-requirement Whether the Government can whitewash, via United States v. Leon, 468 U.S. 897 (1984), its predicate illegal seizure of a citizen's cellphone and salva…
19-384 Harmon L. Taylor v. City of Sherman, Texas, et al. Fifth Circuit 2019-09-23 Denied Response Waived civil-rights compelled-commerce compelled-consent consent-doctrine due-process fourth-amendment illegal-seizure probable-cause seizure transfer-of-venue transportation-code vehicle-definition Compelled consent - "transportation " 1. Is the Tex. TRANSP. Cope "unconstitutional, " as applied? Compelled commerce - Illegal seizure 2. Did Respon…
19-5972 Dimitri Bernard Robinson v. Michigan Michigan 2019-09-18 Denied Relisted (2)IFP 4th-amendment appellate-review civil-rights federal-courts jurisdiction pen-register petition privacy probable-cause supreme-court trap-and-trace writ-of-certiorari Did the lower courts err when they violated petitioner's right to privacy and protection when law enforcement obtained an unreasonable order for a Pen…
19-5915 Steven J. Varnauskas v. Illinois Illinois 2019-09-11 Denied IFP 4th-amendment civil-rights constitutional-rights due-process fourth-amendment license-plate probable-cause search-and-seizure traffic-violation vehicle-impoundment vehicle-search warrantless-search WHERTHER ABICYCLE RACK THATIS ATTACHED TO THE REAR OFA VEHICLE WITR STRAPS ACCORDENLY AND CORRECTLY TOTHE MANIFACTORS INSTRUCTIONS AND NONETHELESS OBS…
19-5886 Arthur O. Armstrong v. North Carolina, et al. Fourth Circuit 2019-09-10 Dismissed IFP civil-procedure civil-procedure-rule-60-b-6 conspiracy constitutional-rights due-process federal-rules-of-civil-procedure fourteenth-amendment fourth-amendment liberty probable-cause property rule-60 Whether Petitioner is entitled to relief, pursuant to Rule 60 (b)(6) of the Federal Rules of Civil Procedure. Whether petitioner was deprived of libe…
19-5887 Arthur O. Armstrong v. John Doe Fourth Circuit 2019-09-10 Dismissed IFP civil-procedure civil-procedure-rule-60-b-6 conspiracy constitutional-rights disclosure-of-corporate-affiliation due-process fourteenth-amendment fourth-amendment liberty probable-cause property rule-60 standing Whether Petitioner is entitled to relief, pursuant to Rule 60 (b)(6) of the Federal Rules of Civil Procedure. Whether petitioner was deprived of libe…
19-5774 Patrick O. Neiss v. Montana Montana 2019-09-05 Denied Response WaivedIFP burden-of-proof circumstantial-evidence constitutional-rights due-process fourth-amendment holland-v-united-states jury-instruction jury-instructions net-worth-prosecution particularity presumption-of-innocence probable-cause reasonable-doubt search-and-seizure 1. In Holland v. United States, 348 U.S. 121, 125 (1954) this Court recognized the "inherent risk" of the use of circumstantial evidence, but held tha…
19-5815 Antonio Demetrius Parker v. Virginia Virginia 2019-09-05 Denied Response WaivedIFP civil-rights constitutional-rights conviction criminal-procedure due-process exculpatory-evidence false-imprisonment jurisdiction probable-cause search-and-seizure standing warrant-requirement #1 Did the Supreme court of Virginia err when it determined that the circuit court didn't have the jurisdiction to give the petitioner the relief so…
19-5801 Emory Chiles v. United States Fourth Circuit 2019-09-04 Denied Response WaivedIFP 4th-amendment appellate-review court-of-appeals criminal-procedure district-court evidence-suppression exclusionary-rule fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure standard-of-review Whether the Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Chiles' motion to suppress evidence?
19-279 Shirley Johnson v. New Destiny Christian Center Church, Inc., et al. Eleventh Circuit 2019-09-03 Denied advice-of-counsel civil-procedure civil-rights due-process evidence evidence-alteration evidence-tampering fourteenth-amendment judicial-misconduct malicious-prosecution probable-cause After a two-day Bench Trial in a malicious prosecu­tion action, the District Court altered video evidence, and ignored other "smoking gun" evidence. A…
19-5782 Tyrone Dexter Christian v. United States Sixth Circuit 2019-09-03 Denied Response WaivedIFP criminal-activity criminal-procedure exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant totality-of-the-circumstances vague-affidavit vague-and-conclusory I. Whether the lower court erred in finding probable cause to search petitioner's home when the court viewed the search warrant affidavit as a whole a…
19-5795 Jacob D. Lickers v. United States Seventh Circuit 2019-09-03 Denied Response WaivedIFP circuit-court-conflict circuit-split exclusionary-rule federal-search-warrant fourth-amendment fourth-amendment-violation good-faith-exception probable-cause search-warrant WHETHER THE GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE APPLIES WHEN AN AFFIDAVIT SUPPORTING A SEARCH WARRANT HAD BEEN TAINTED BY EVIDENCE OBTAINED …
19-272 Willie Lee Cooks v. United States Eleventh Circuit 2019-08-30 Denied Response Waived emergency-aid-exception exigent-circumstances fourth-amendment home-entry home-privacy home-search probable-cause reasonable-belief warrant-requirement warrantless-search The "physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed." Payton v. New York, 445 U.S. 573, 58…
19-5606 Ndokley Peter Enow v. Ricky Foxwell, Warden, et al. Fourth Circuit 2019-08-23 Denied Response WaivedRelisted (2)IFP 4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence exclusionary-rule fourth-amendment plea-bargaining probable-cause search-and-seizure sentencing standing Did the trial court erred by admitting into evidence of the illegally obtained wiretapped tape recording of the defendant's oral conversations with th…
19-5689 Benjamin Oshea Calhoun v. Tony Villa, et al. Fifth Circuit 2019-08-23 Denied Response WaivedIFP civil-procedure civil-procedure-12b6 civil-rights due-process false-statements federal-rules-of-civil-procedure federal-rules-of-evidence judicial-recusal judicial-supervision legal-authority motion-to-dismiss probable-cause standing warrantless-arrest Rather the Appellant courts ruling to uphold the District Courts order which granted defendants motions to dismiss conflicts with the Supreme courts p…
19-5676 Jerel Leon Jordan v. United States Fourth Circuit 2019-08-22 Denied Relisted (2)IFP brady-disclosure brady-v-maryland exclusionary-rule fourth-amendment giglio-impeachment giglio-v-united-states good-faith-exception motion-to-suppress probable-cause search-warrant united-states-v-leon I. Whether a district court reviewing a motion to suppress evidence obtained pursuant to a defective search warrant may consider evidence outside the …
19-202 Solomon McLemore v. City of Shoreline, Washington Washington 2019-08-16 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights community-caretaking due-process fourth-amendment free-speech obstruction obstruction-of-justice probable-cause search-and-seizure warrant-requirement warrantless-entry warrantless-search In the middle of the night, police officers came to McLemore's home and banged on the door, demanding entry without a warrant to investigate a loud ar…
19-5596 Eric T. Latham v. United States Sixth Circuit 2019-08-15 Denied Relisted (2)IFP 4th-amendment arizona-v-gant civil-rights criminal-procedure evidence fourth-amendment minor-traffic-offense probable-cause search-incident-to-arrest traffic-offense vehicle-search Is whether this Court's ruling in Arizona v. Gant, 556 U.S. 332 (2009), permitted police officers to conduct a "search incident to arrest" for only "p…
19-5602 Kirk Wayne McBride, Sr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-08-15 Denied IFP administrative-agency administrative-law civil-rights constitutional-rights criminal-procedure declaratory-relief due-process exclusionary-rule exhaustion-of-remedies federal-jurisdiction fourth-amendment habeas-corpus probable-cause search-and-seizure standing Question No. 1: Did the court of appeale error by cenging a kertificate a BPR0 whether the cistrc Pehtover's fecleral hebees petton Ome uwclerTatle 2 …
19-188 Ikechukwu Hyginus Okorie v. Virginia M. Crawford, et al. Fifth Circuit 2019-08-13 Denied administrative-search arrest arrest-without-probable-cause detention detention-standards fourth-amendment fourth-amendment-violation law-enforcement-conduct probable-cause qualified-immunity search-warrant standard-of-review tolan-v-cotton A search of a medical clinic pursuant to an administrative search warrant that resulted in the doctor being detained for three to four hours under cir…
19-5582 Tuan Duc Lam v. United States Ninth Circuit 2019-08-13 Denied IFP circuit-split custodial-detention fourth-amendment knowles-v-iowa ninth-circuit probable-cause search-incident-to-arrest terry-stop terry-v-ohio warrantless-search Once a police officer makes a formal custodial arrest, the Fourth Amendment permits a warrantless search incident to that arrest. See, e.g., Riley v. …
19-156 Diego Baldemar Islas v. Texas Texas 2019-08-02 Denied Response RequestedRelisted (2) blood-seizure fourth-amendment franks-v-delaware misleading-by-commission misleading-by-omission probable-cause schmerber-v-california search-and-seizure warrant-requirements Does the holding of Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978) forbid misleading by omission as well as misleading by comm…
19-5431 DeAndre Cherry v. United States Seventh Circuit 2019-08-01 Denied Response WaivedIFP 4th-amendment civil-rights due-process effective-assistance-of-counsel eighth-amendment exclusionary-rule fifth-amendment fourth-amendment fourth-amendment-violation probable-cause search search-and-seizure vehicle-search (1)- WAS THE PETITIONER 'S FOURTH AMENEDMENT RIGHT INFRINGED UPON WHEN THE OFFICIERS CONDUCTED AN ILLEGAL SEARCH OF HIS VEHICLE ABSENT PROBABLE CAUS…
19-5414 Arthur Whitley v. Texas Texas 2019-07-31 Denied IFP 4th-amendment affidavit cell-phone cell-phone-data cell-phone-search criminal-investigation evidence-nexus fourth-amendment murder-investigation nexus-requirement probable-cause riley-precedent riley-v-california search-warrant search-warrant-precedent Whether the Fourth Court of Appeals' legal analysis of the nexus between evidence about a murder investigation and information in the Petitioner's cel…
19-5347 Joshua Frederick Davis v. United States Fourth Circuit 2019-07-26 Denied Response WaivedIFP 4th-amendment civil-rights dog-sniff due-process probable-cause reasonable-suspicion search-and-seizure terry-stop traffic-stop Will this Honrable Curt revisit Elrida VHars to clariy what the Court meant bY "THE DOG'S ALERT"? Is THE DOG'S ALERT, the behavior that the day is IRA…
19-5326 Sean Frederik Franke v. Florida Florida 2019-07-25 Denied Response WaivedIFP 4th-amendment blood-draw blood-extraction civil-rights drunk-driving due-process exigent-circumstances fourth-amendment missouri-v-mcneely probable-cause warrant-requirement warrantless-search Whether the Court should resolve the following question for which the state courts are split: can law enforcement officers rely on the exigent circums…
19-5343 Amoire Dupree v. United States Second Circuit 2019-07-25 Denied IFP 4th-amendment constitutional-law exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree incident-to-arrest law-enforcement probable-cause search-and-seizure search-incident-to-arrest warrantless-search Can the warrantless search of a person be justified as incident to arrest where, at the time of the search, no arrest has been made and none would hav…
19-88 Wadith Stockinger Nader, et ux. v. City of Papillion, Nebraska, et al. Eighth Circuit 2019-07-17 Denied Response Waived absolute-immunity eighth-circuit fourth-amendment law-enforcement probable-cause prosecutorial-immunity search-and-seizure totality-of-circumstances totality-of-the-circumstances 1. Can an unverified tip which was the basis for a lawful search, and which was disproved during the course of the lawful search, by itself constitute…
19-5180 Lesa L. Chaney v. United States Sixth Circuit 2019-07-16 Denied Response WaivedIFP civil-rights fourth-amendment fourth-amendment-violation government-agents probable-cause search-and-seizure unreasonable-search warrant Whether a generally worded warrant permitting government agents to rummage through and seize papers, documents and records for which no probable cause…
19-5181 Lamar Johnson v. United States Ninth Circuit 2019-07-16 GVR IFP arrest-procedure circuit-split custodial-arrest felon-in-possession fourth-amendment probable-cause rehaif-v-united-states search-incident-exception search-incident-to-arrest warrantless-search 1. In Rawlings v. Kentucky, 448 U.S. 98 (1980), the Court upheld, under the search-incident-to-arrest exception, a warrantless search that preceded th…
19-5173 Johnny Kirkland v. Huntington Ingalls, Incorporated Fifth Circuit 2019-07-15 Denied Relisted (2)IFP civil-procedure civil-rights digital-privacy due-process electronic-device fourth-amendment patent probable-cause standing takings unreasonable-search warrantless-search Incorporation INaS (12 Whetther Huntington Ingalls Negligence under Vessel owner Underage Employment in 1971 2.)Nhether Ny can be pulled up in Ingall…
19-5131 Steven L. Rackley v. Brigham Sloan, Warden Sixth Circuit 2019-07-10 Denied Response WaivedIFP actual-innocence constitutional-rights dismissal due-process fifth-amendment fourth-amendment guilty-plea habeas-corpus ineffective-assistance-of-counsel ineffective-counsel involuntary-manslaughter notice post-indictment-delay probable-cause sixth-amendment statute-of-limitations The question of whether the District Court properly applied the statue of limitations to Rackley's habeas petition in Respondent's first order by th…
19-5122 David Alan Westerfield v. California California 2019-07-09 Denied IFP capital-trial de-novo-review due-process due-process-review fourth-amendment independent-review jury-sequestration polygraph-evidence pretrial-publicity probable-cause sheppard-v-maxwell standard-of-review A. Does the mandate announced in Sheppard v. Maxwell (1964) 384 U.S. 333 at page 362, that appellate courts, reviewing the measures taken by the trial…
19-5035 Calvin James v. United States Eleventh Circuit 2019-07-02 Denied Response WaivedIFP 4th-amendment civil-rights due-process evidence probable-cause search-and-seizure search-warrant standing trial witness Do officers need Consent to sEARCh PRIVAtE PROfERHY?, and withOut SEARCH WARRANT? Freom my under Standing the Probable cAuse/evidence witness ARIN Is…
18-9785 Wayne A. Hussar, II v. James C. Reynolds, et al. Ninth Circuit 2019-06-25 Denied IFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection fourth-amendment probable-cause prosecutorial-misconduct search-and-seizure self-defense sentencing standing warrantless-search Question not identified.
18-9788 Sarah Denise Cardwell v. South Carolina South Carolina 2019-06-25 Denied Response WaivedIFP computer-search evidence-seizure fourth-amendment inevitable-discovery plain-view-doctrine probable-cause search-and-seizure warrant warrant-requirement warrantless-search I. Whether the Supreme Court of South Carolina erred in applying a standard of "more likely than not" in concluding under the Fourth Amendment's plain…
18-1573 Zsolt Petko, et al. v. Carelton Courtyard Texas 2019-06-25 Denied Relisted (2) burden-of-proof civil-procedure civil-rights due-process justice-of-peace justice-of-the-peace legal-action probable-cause property-rights texas-law texas-rules-of-civil-procedure towing towing-law Question l: Does towing a person 's car constitute a legal action (TOC Sec. 2308.001)? Question 2: Does a person subjected to a legal action (i.e. t…
18-1577 Pennsylvania v. Edward Adams Pennsylvania 2019-06-25 Denied Response RequestedResponse WaivedRelisted (3) 4th-amendment 4th-amendment-law civil-rights conflict-with-other-jurisdictions fourth-amendment investigative-detention law-enforcement-encounter pennsylvania-supreme-court probable-cause reasonable-suspicion seizure terry-stop traffic-stop The question presented is whether the Pennsylvania Supreme Court erred in finding that Adams was subjected to an unreasonable seizure in violation of …
18-9775 Dustin Washington v. United States Fourth Circuit 2019-06-24 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure drug-weight forfeiture fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure search-warrant sentencing-error standard-of-review sufficiency-of-evidence I. Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Washington'S Motion to Suppress the seizure of the…
18-9756 Hector Guadalupe Lozano v. United States Fifth Circuit 2019-06-21 Denied Response WaivedIFP 4th-amendment civil-rights drug-dog fourth-amendment law-enforcement lawful-possession odor-detection probable-cause reasonable-suspicion search-and-seizure Whether a drug dog's alert, standing alone, is sufficient to establish probable cause to search when the dog is known to react to the odor of a substa…
18-9722 Jonathan Edward Meier v. United States Eighth Circuit 2019-06-19 Denied Response WaivedIFP civil-rights fourth-amendment investigative-stop law-enforcement law-enforcement-detention pat-down probable-cause prolonged-detention reasonable-suspicion search-and-seizure unreasonable-search weapons-search Whether law enforcement violates the Fourth Amendment right against unreasonable search and seizure when it holds an individual for a prolonged period…
18-9708 Brad Smith v. United States First Circuit 2019-06-18 Denied Response WaivedIFP attenuation-doctrine brown-v-illinois consent-search consent-to-search curtilage exclusionary-rule fourth-amendment probable-cause This case involves the attenuation doctrine set forth in Brown v. Illinois, 422 U.S. 590 (1975), in the context of consent to search given following a…
18-9655 Sylvester Ekwunife v. City of Philadelphia, Pennsylvania, et al. Third Circuit 2019-06-17 Denied Response WaivedRelisted (2)IFP 4th-amendment affidavit affidavit-accuracy civil-rights constitutional-procedure criminal-procedure detective-misconduct fourth-amendment groh-v-ramirez probable-cause warrant warrant-preparation 1. Whether the dictates of Groh v. Ramirez were violated when the Detective in this case did not have all the correct facts when preparing a probable …
18-9694 Oliver Douce v. New York New York 2019-06-17 Denied Response WaivedIFP 1st-amendment 4th-amendment 5th-amendment civil-rights constitutional-rights false-arrest fifth-amendment fifth-amendment-self-incrimination first-amendment-free-speech fourth-amendment fourth-amendment-search-and-seizure illegal-arrest illegal-search jurisdiction probable-cause search-and-seizure standing 1 whether fingerprints obtained from John Doe appellant should have been excluded from evidence from the product of false arrest, for no plates on out…
18-9606 Curtis Wayne Givens v. Virginia Virginia 2019-06-11 Denied IFP 4th-amendment Arrest criminal-procedure due-process evidence-seizure Fifth-Amendment Jury-Selection motion-to-suppress probable-cause search-and-seizure standing Voir-Dire witness-examination The Court of Appeals erred in finding that the trial court properly overruled the Petitioner's motion to suppress evidence seized when he was arrested…
18-9612 Gregory Rayford v. Illinois Illinois 2019-06-11 Denied Response WaivedIFP appeal civil-rights criminal-procedure due-process evidence exclusionary-rule probable-cause search-and-seizure sentencing 1.) The State failed to prove defendant Bayfard quilty beyond a reasonable doubt because it did not show that defendant Constructively possessed the n…
18-1524 Michelle MacDonald Shimota, et vir v. Bob Wegner, et al. Eighth Circuit 2019-06-07 Denied Response Waived 42-usc-1983 civil-rights constitutional-rights due-process first-amendment free-speech probable-cause retaliation retaliatory-arrest retaliatory-prosecution In Neives v. Bartlett, this court held that probable cause is not an absolute bar to a First Amendment retaliatory- arrest claim under 42 U.S.C. § 198…
18-9515 Brandon Christopher Pierre v. United States Fifth Circuit 2019-06-06 Denied Response WaivedIFP civil-rights color-of-law constitutional-rights conviction-and-sentencing criminal-procedure due-process false-arrest false-imprisonment federal-jurisdiction malicious-prosecution probable-cause Under the "color of law", the United States District Court for the Eastern of Texas (Beaumont Division) falsely and wrongfully indicted, arrested, imp…
18-9561 In Re Benny Stewart 2019-06-06 Denied Relisted (2)IFP constitutional-procedure due-process due-process,recusal,probable-cause,felony-prosecut felony-prosecution information judge-recusal judicial-bias judicial-recusal probable-cause prosecutorial-discretion recusal state-law The unconstitutional potential for bias and judge recusal when a felony is prosecuted by an information under state law when the same judge makes the …
18-9565 Casey Stoermer v. Ohio Ohio 2019-06-06 Denied Response WaivedIFP consent drug-possession exigent-circumstances fourteenth-amendment fourth-amendment probable-cause search-and-seizure search-warrant sentencing-enhancement warrantless-search Casey Stoermer lived in a separate apartment connected to the home of Aaron Smith. On the morning of June 21, 2016, law enforcement officers went to S…
18-9553 Marvin Eugene Jones v. California California 2019-06-05 Denied IFP 4th-amendment civil-rights constitutional-provisions due-process jurisdiction probable-cause qualified-immunity search-and-seizure standing statutory-provisions If this Court would do a DE Nova review of this entire case, this court will find a clear violation of petitioner constitutional rights with the facts…
18-9530 Terry Margheim v. Kenneth Buck, et al. Tenth Circuit 2019-06-03 Denied IFP favorable-termination fourth-amendment innocence legal-process malice probable-cause supreme-court-precedent unlawful-seizure Are malice and favorable termination indicative of innocence, necessary elements to prove a violation of the Fourth Amendment? If the legal process i…
18-9478 David Rothenberg v. Florida Florida 2019-05-30 Denied Response WaivedIFP affidavit constitutional-rights criminal-procedure double-jeopardy due-process mens-rea plea-bargaining probable-cause probable-cause-affidavit probation prosecutorial-misconduct 1. Is the use by the presecutor of a "probable cause affidavit" containing averments contradictory to the alleged victim's own sworn statement to char…
18-9483 Brian Alford v. Dwight Neven, Warden, et al. Ninth Circuit 2019-05-30 Denied IFP burglary burglary-allegation constitutional-law criminal-law criminal-procedure due-process felony-murder legal-sufficiency probable-cause prosecution-standard sufficiency-of-evidence WHETHER IT IS PERMISSIBLE FOR A STATE CRIMINAL COURT TO PREDICATE FELONY MURDER LIABILITY ON AN ALLEGATION OF BURGLARY THAT LACKS SUFFICIENT BASES IN …
18-1478 Ryan Lawrence Steck v. Maryland Maryland 2019-05-28 Denied Response Waived 4th-amendment drug-dog-search drug-sniffing-dog fourth-amendment law-enforcement-procedure police-investigation police-procedure probable-cause reasonable-suspicion search search-and-seizure vehicle-search When a drug-sniffing dog fails to alert as trained to but, according to its handler is behaving as if he is "in odor" of the presence of drugs, does t…
18-9422 Davaus L. McCown v. United States Eleventh Circuit 2019-05-24 Denied Response WaivedIFP 4th-amendment controlled-buys criminal-pattern criminal-procedure drug-crimes drug-enterprise drug-sales fourth-amendment ongoing-activity ongoing-criminal-activity probable-cause probable-cause-search search-and-seizure search-warrant stale-information Probable cause for a search cannot be based on stale information. That is, the evidence sought must be likely to be found in the searched location at …
18-9393 Tarell McIlwain v. United States Second Circuit 2019-05-23 Denied IFP 2nd-circuit 4th-amendment circuit-split custodial-arrest fourth-amendment new-york-court-of-appeals officer-safety probable-cause search-incident-to-arrest warrantless-search When a police officer makes a lawful custodial arrest, the Fourth Amendment permits a warrantless search of the arrestee's person to protect officer s…
18-9397 Miguel Angel Barron v. Raymond Madden, Warden Ninth Circuit 2019-05-23 Denied Response WaivedIFP burden-of-proof constitutional-law criminal-procedure due-process evidence evidence-suppression fair-trial fourth-amendment jury-instructions probable-cause relevance search-and-seizure self-defense warrantless-search 1. CAN A STATE TRIAL COURT INSTRUCT A JURY WITH AN INSTRUCTION THAT REDUCES THE FAIRNESS CONTAINED IN THE DUE PROCESS CLAUSES? 2. CAN A STATE TRIAL C…
18-9399 Paul Johnson, Jr. v. United States Eleventh Circuit 2019-05-23 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP ammunition ammunition-seizure eleventh-circuit fourth-amendment fourth-amendment-original-meaning original-meaning pat-down police-procedure probable-cause search-and-seizure terry-stop terry-v-ohio Whether the Fourth Amendment permits police officer to seize a freestanding round of ammunition identified during a pat down conducted pursuant to Ter…
18-9278 In Re Edmond McClinton 2019-05-17 Dismissed IFP actual-innocence civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel lack-of-due-process lack-of-jurisdiction miscarriage-of-justice probable-cause prosecutorial-misconduct There was no probable cause for arrest. Petitioner has not been bound over for trial, thereforetrial court being without Jurisdiction for trial. Peti…
18-9305 Joshua Chapman-Sexton v. United States Sixth Circuit 2019-05-16 Denied Response WaivedIFP child-pornography exclusionary-rule fourth-amendment fourth-amendment-search-and-seizure inevitable-discovery probable-cause search-warrant warrantless-search Whether the inevitable discovery exception to the Fourth Amendment exclusionary rule applies to a warrantless search of a flash drive finding child po…
18-9225 Michael Otho Raihala v. Michigan Michigan 2019-05-10 Denied IFP 14th-amendment 4th-amendment 5th-amendment 6th-amendment 8th-amendment civil-rights constitutional-detention due-process pre-accusation-detention probable-cause state-agent-liability WHETHER IT IS CONSTITUTIONAL FOR STATE AND LOCAL AGENTS TO DETAIN A CITIZEN INDEFINITELY -- WITHOUT PROBABLE CAUSE OR PROCESS -- AS A PRE-ACCUSATION D…
18-9193 Artez Brewer v. United States Seventh Circuit 2019-05-09 Denied Response WaivedIFP civil-rights federal-law-enforcement fourth-amendment gps-tracking law-enforcement probable-cause search-and-seizure standing warrant warrant-limitations warrant-requirements Whether when federal law enforcement exceeds the limitations on the face of the warrant for GPS tracking to in-state monitoring and continues to monit…
18-1408 John Washek v. Vermont Vermont 2019-05-09 Denied Response Waived complete-defense constitutional-rights criminal-behavior criminal-charge criminal-procedure due-process evidence-presentation fourth-amendment innocent-behavior probable-cause reasonable-suspicion right-to-defense terry-stop 1. Whether Defendant/Petitioner John Washek's Fourth Amendment rights were violated because the police officer's Terry stop was based on observations …
18-9174 Warren Myles v. Nebraska Nebraska 2019-05-07 Denied IFP 2nd-amendment civil-rights concealed-carry criminal-history due-process federalism law-enforcement marijuana-search probable-cause reciprocity state-reciprocity state-rights welfare-check Does the State of Nebraska have the option to respect some but not other states concealed carry permits. Does smelling of marijuana constitute probab…
18-9131 Ryan Canfield v. United States Second Circuit 2019-05-03 Denied Response WaivedIFP 4th-amendment civil-rights community-caretaking due-process fourth-amendment impoundment inventory law-enforcement probable-cause public-safety reasonableness standardized-procedures vehicle-impoundment The warrantless impoundment of an arrested person's car is permissible only when it is "totally divorced" from any investigation of criminal activity.…
18-9058 Juan L. Garcia v. United States Fifth Circuit 2019-05-01 Denied Response WaivedIFP 4th-amendment cell-phone-data civil-rights consent fourth-amendment home-search lawful-arrest probable-cause search-and-seizure seizure unreasonable-search warrantless-search 1. Does the Supreme Court's decision in Riley v. California, 134 S.Ct. 2473 (2014) (regarding the warrantless search of the contents of a cell phone i…
18-9082 Arion D. Andrews v. Ohio Ohio 2019-05-01 Denied Response WaivedIFP criminal-investigation evidence-sufficiency fourth-amendment independent-evidence judicial-review police-investigation probable-cause residence search-warrant Can a search warrant properly issue under the Fourth Amendment when the police-officer-affiant states that the address to be searched is the residence…
18-1372 City of Newark, New Jersey v. Estate of Adriano Roman, Jr. Third Circuit 2019-05-01 Denied civil-rights consent-decree constitutional-violation false-arrest malicious-prosecution monell monell-claim probable-cause res-judicata This matter involves a Monell claim based on false arrest and malicious prosecution arising out of a warrantless and non-consensual search of Plaintif…
18-9036 Gregory Tarrel Brown v. Virginia, et al. Virginia 2019-04-30 Denied Response WaivedIFP 4th-amendment civil-rights curtilage fourth-amendment plain-smell-doctrine probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio 1. Was the entry by law enforcement on the curtilage of the property based on an unsubstantiated tip, without consent, violative of the Fourth Amendme…
18-9050 Roland Kailihiwa v. United States Ninth Circuit 2019-04-30 Denied Response WaivedIFP 4th-amendment canine-alert contamination drug-detection drug-detection-canine expert-testimony probable-cause residual-odor search-and-seizure search-warrant training Police trained Mervin, a drug-detection canine, to alert on minimal residual odor. In accord with that training, Mervin often alerted on parcels conta…
18-9022 Maurice Edward Carter v. Mike Parris, Warden Sixth Circuit 2019-04-26 Denied Response WaivedIFP constitutional-violation fourth-amendment habeas-corpus ineffective-assistance-of-counsel ineffective-counsel miranda-rights probable-cause search-and-seizure sixth-circuit Whether United States Court of Appeals for the Sixth Circuit decision to deny Mr. Carter's habeas corpus relief misconstrue meritorious unresolved fac…
18-1344 LaMarcus Thomas v. United States Fourth Circuit 2019-04-25 Denied circuit-split exclusionary-rule fourth-amendment good-faith-exception magistrate-review officer-reliance probable-cause warrant-application Whether a suppression court may consider (1) only information contained within the four corners of the warrant application, as the Ninth Circuit, Colo…
18-8893 Mark M. Brown v. United States Sixth Circuit 2019-04-18 Denied Response WaivedIFP circuit-court-review criminal-procedure impairment mental-capacity mental-impairment probable-cause standard-of-review suppression-motion trustworthiness warrant warrant-issuance witness witness-credibility witness-testimony DOES PROBABLE CAUSE TO ISSUE A WARRANT EXTEND TO SITUATIONS WHERE A WITNESS TO ALLEGED CRIMINAL BEHAVIOR WAS SEVERLY IMPAIRED? SHOULD A CIRCUIT COURT…
18-8851 Lester James Smith v. Georgia Georgia 2019-04-17 Denied Response WaivedIFP attempt-to-elude criminal-procedure double-jeopardy double-punishment due-process equal-protection evidence-collection federalism investigative-techniques law-enforcement probable-cause prosecutorial-misconduct sentencing single-incident single-jurisdiction M. Smith alleges that the State of Geargia has illeggally sentenced him to 25 years for five counts Single incident, and a single jurisdiction for pro…
18-8873 Tracy Devon Thomas v. United States Ninth Circuit 2019-04-17 Denied Response WaivedIFP 4th-amendment criminal-evidence evidence judicial-standard law-enforcement perpetrator probable-cause search-warrant shooting standing vehicle-rental Can the common-sense standard of probable cause be so reduced as to allow a search warrant to be issued on the basis that a person rented a vehicle th…
18-1316 Beverley R. Nettles v. Cynthia C. Bullington, et al. Sixth Circuit 2019-04-17 Denied Response Waived 42-usc-1983 circuit-split civil-rights constitutional-right constitutional-rights due-process fourteenth-amendment probable-cause protected-class retaliation retaliatory-claim Whether the existence of probable cause should be a factor to preclude a retaliatory-claim under 42 U.S.C. § 1983 for a person's prior exercise of the…
18-8849 Keith Andre Robinson v. H. White, et al. Fourth Circuit 2019-04-16 Denied IFP 4th-amendment civil-rights due-process exigent-circumstances fourth-amendment probable-cause qualified-immunity search-and-seizure standing warrantless-search Did the Court of Appeals err in the application of the abstention doctrine in Younger v. Harris, 401 U.S. 37, 43 (1971) with this decision when exhibi…
18-8797 Juan Lopez-Zuniga v. United States Eighth Circuit 2019-04-11 Denied Response WaivedIFP 4th-amendment 8th-circuit eighth-circuit gps-monitoring gps-tracking gps-warrant probable-cause search-and-seizure supreme-court-precedent vehicle-search vehicle-tracking warrant-standard Whether the Eighth Circuit's creation of a new standard in evaluating GPS warrants is contrary to existing United States Supreme Court precedent when …
18-8754 Richard D. Pomeroy v. Municipality of Anchorage, Alaska Alaska 2019-04-10 Denied Response WaivedIFP 4th-amendment blood-test breath-test civil-penalties civil-rights constitutional-rights due-process fourth-amendment-search-and-seizure minor-traffic-infraction probable-cause search-and-seizure traffic-infraction traffic-stop Should civil penalties been imposed on petitioner (Pomeroy) for refusal to submit to a breath test, when an intrusive blood test was administered to p…
18-8667 Donald James Anson v. United States Second Circuit 2019-04-02 Denied Response WaivedIFP appellate-review civil-procedure constitutional-rights digital-privacy dismissal due-process fourth-amendment opportunity-to-be-heard probable-cause search-and-seizure standing surveillance DOES AN APPELLATE COURT ERR WHEN IT DISMISSES AN APPEAL, BECAUSE "IT LACKS AN ARGUABLE BASIS IN LAW OR FACT" WITHOUT FIRST PROVIDING THE PETITIONER AN…
18-8668 Joseph Edwards Teague, III v. North Carolina North Carolina 2019-04-02 Denied IFP affidavit appeal appellate-review detective-affidavit federal-law good-faith-exception probable-cause search-warrant state-law state-vs-federal state-vs-federal-law 1. Was COA17-1 134 dispositive of appeal brought to NC Court of Appeals? COA Decision never addressed "good faith exception" issue state vs fed with a…
18-8650 Ollisha Nicole Easley v. United States Tenth Circuit 2019-04-01 Denied Response WaivedIFP 4th-amendment civil-rights consensual-search due-process fourth-amendment interrogation probable-cause race racial-profiling reasonable-person reasonable-person-standard search search-and-seizure When examining the totality of the objective circumstances, is a bus passenger's race a factor in understanding how a reasonable person in her positio…
18-8602 Enrico M. Ponzo v. United States First Circuit 2019-03-29 Denied Response WaivedIFP civil-rights criminal-justice criminal-procedure due-process evidence false-affidavit false-statements franks-doctrine franks-v-delaware judicial-review law-enforcement-misconduct probable-cause sanctions standing Perjury in search warrant applications assail the Fourth Amendment at its core. Should Franks v. Delaware be revisited to allow for sanction even if t…
18-8631 Bekim Fiseku v. United States Second Circuit 2019-03-29 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights fourth-amendment handcuffing investigative-stop police-procedure probable-cause terry-stop terry-v-ohio unusual-circumstances Whether in concluding that, where a suspect presented no discernable threat of physical violence and police had nothing beyond mere speculation that c…
18-8593 Dontae Callen v. Alabama Alabama 2019-03-27 Denied IFP affidavit appellate-review criminal-procedure death-penalty fourth-amendment jury-unanimity probable-cause search-warrant separate-affidavit I. Where an affidavit does not support a finding of probable cause for the issuance of a search warrant, does the Fourth Amendment allow a reviewing c…
18-1247 Robert Alan Ries v. Oregon Oregon 2019-03-26 Denied Response Waived affidavit blood-sample constitutional-rights criminal-procedure fourth-amendment particularity-requirement probable-cause search-and-seizure warrant-particularity The Fourth Amendment to the Constitution provides, in part, that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, …
18-1248 Neil C. Kienast and Braman B. Broy v. United States Seventh Circuit 2019-03-26 Denied Response Waived child-pornography circuit-split due-process exclusionary-rule fourth-amendment good-faith-exception law-enforcement privacy-interest probable-cause search-and-seizure suppression-doctrine suppression-of-evidence warrant warrant-validity This Court has applied the U.S. v. Leon, 468 U.S. 897 (1984) good faith exception in a variety of cases to include a knock and announce violation (Hud…
18-1230 Juan Zamudio v. United States Seventh Circuit 2019-03-21 Denied 4th-amendment circuit-split civil-rights criminal-procedure drug-trafficking due-process fourth-amendment nexus-requirement particularized-nexus probable-cause residence search-and-seizure search-warrant standing Whether a search warrant application that fails to provide any particularized nexus between an individual's alleged drug trafficking activity and the …
18-1219 Illinois v. Derrick Bonilla Illinois 2019-03-20 Denied Amici (1) apartment apartment-building apartment-search common-area dog-sniff drug-detection-dog exclusionary-rule florida-v-jardines fourth-amendment good-faith-exception probable-cause search search-and-seizure 1. Whether a sniff by a drug-detection dog conducted in the common area of an apartment building is a Fourth Amendment search under Florida v. Jardine…
18-8448 Edward Bishop v. United States Seventh Circuit 2019-03-18 Denied Response WaivedIFP 4th-amendment criminal-procedure digital-evidence digital-files dna-evidence evidence fourth-amendment particularity-requirement probable-cause search-warrant 1.Does a search warrant which described the place to be searched and the things to be seized as "any evidence (including, all photos, videos, and/or o…
18-1188 Jeffrey A. Jacobi v. Wisconsin Wisconsin 2019-03-13 Denied Response Waived civil-procedure civil-rights criminal-procedure due-process evidence fourth-amendment intoxication intoxication-determination intoxication-inference law-enforcement law-enforcement-inference police-inference probable-cause reasonable-suspicion traffic-accident traffic-stop vehicle-collision Where one driver involved in a vehicle collision did not report to police that she observed any behavior by the other driver (Jacobi) to suggest that …
18-8361 Arturo Sarli v. United States Fifth Circuit 2019-03-11 Denied Response WaivedIFP 4th-amendment civil-rights consent-to-search custodial-interrogation detention due-process fourth-amendment fruit-of-the-poisonous-tree law-enforcement probable-cause search-and-seizure search-consent vehicle-search Police officers stopped Arturo Sarli as he drove his truck. The officers had received a tip about Sarli and used their traffic-enforcement authority t…
18-8377 Walter D. Booker v. T. Johnson, et al. Fourth Circuit 2019-03-11 Dismissed Response WaivedRelisted (2)IFP 42-usc-1983 civil-rights criminal-procedure fourth-amendment investigative-detention probable-cause qualified-immunity reasonable-suspicion section-1983 seizure WHETHER THE OFFICERS HAD REASONABLE SUSPICION TO SEIZE MR. BOOKER SHABAZZALLAH? WHETHER THE OFFICERS HAD PROBABLE CAUSE TO CONVERT SEIZURE INTO AN AR…
18-1157 Edwin A. Vega v. Ohio Ohio 2019-03-07 Denied detention fourth-amendment law-enforcement probable-cause reasonable-suspicion rodriguez-v-united-states search-and-seizure united-states-v-ross usps vehicle-search 1. In its decision in the above captioned matter did the Ohio Supreme Court reverse this honorable Court's decision in Rodriguez v. United States, 135…
18-8186 Kirby Gant v. United States Eleventh Circuit 2019-02-28 Denied Response WaivedIFP 4th-amendment automobile-exception civil-rights criminal-procedure eleventh-circuit inevitable-discovery inventory-search plain-view-doctrine probable-cause search-and-seizure vehicle-search Whether the Eleventh Circuit erred by finding that the automobile exception applied when the district court made no findings that the vehicle was read…
18-8126 Ronnie W. Wilson v. Michael Stephan, Warden Fourth Circuit 2019-02-25 Denied Response WaivedIFP arrest-warrant civil-rights criminal-procedure due-process probable-cause search-and-seizure standing vawa Should the Trial Judge Burch have dismissed the charges of Kidnapping and Charges after Petitioner showed him Defendants Proof that warrants was not s…
18-8054 Michael Kenneth Young v. United States Fourth Circuit 2019-02-21 Denied Response WaivedIFP 4th-amendment crack-cocaine-seizure criminal-procedure criminal-procedure-joinder fair-trial firearm-seizure fourth-amendment joinder motion-to-suppress probable-cause search-and-seizure severance traffic-stop 1. Did the Fourth Circuit Court of Appeals err in upholding the denial of Petitioner Michael Young's motion to sever his unrelated charges arising out…
18-7965 Daniel Stewart v. United States Seventh Circuit 2019-02-14 Denied Response WaivedIFP civil-rights counsel-of-choice due-process fourth-amendment Fourth-Amendment-Claim Miranda-Rights probable-cause Right-to-Counsel rodriguez-v-united-states search-and-seizure standing Suspicionless-Surveillance warrantless-search Warrantless-Searches WHETHER THE WARRANTLESS SEARCHES OF PETITIONER'S PERSON, AND HIS MOTOR VEHICLE, WERE IN CLEAR VIOLATION OF HIS FOURTH AMENDMENT RIGHTS, AS ENUNCIATED …
18-7982 Obelin Jaimes-Aviles v. Florida Florida 2019-02-14 Denied IFP 14th-amendment 4th-amendment 5th-amendment 6th-amendment civil-rights due-process exigent-circumstances fourth-amendment probable-cause search-and-seizure vehicle-search Question not identified.
18-1063 John Cottam v. Douglas Pelton Eleventh Circuit 2019-02-13 Denied civil-rights constitutional-rights due-process emotional-distress fabricated-evidence false-arrest law-enforcement-fabrication malicious-prosecution probable-cause qualified-immunity rule-56 summary-judgment 1. The well documented criminal fabrication of a felony charge of eluding (car chase) against an innocent citizen has been protected at all levels of …
18-7914 Jay Maurice Tharps v. United States Fourth Circuit 2019-02-12 Denied Response WaivedIFP 4th-amendment anonymous-informant drug-trafficking fourth-amendment leon-exception leon-good-faith-exception partially-rotten-fruit probable-cause search-warrant totality-of-circumstances totality-of-the-circumstances Whether the Fourth Circuit erred in determining that probable cause existed when instead of describing any reliable and corroborated facts about drug …
18-7933 Keith Charleston v. Jeffrey Woods, Warden Sixth Circuit 2019-02-12 Denied Response WaivedIFP 4th-amendment 6th-amendment constitutional-rights criminal-procedure-miranda due-process ineffective-assistance-of-counsel ineffective-counsel miranda-rights premeditated-murder probable-cause self-defense self-incrimination warrantless-arrest I. PETITIONER'S STATEMENT WAS UNCONSTITUTIONALLY OBTAINED AS HIS INTOXICATION AND LACK OF SLEEP PREVENTED A KNOWING AND INTELLIGENT WAIVER OF HIS MIRA…
18-1035 Keithrick Thomas v. Texas Texas 2019-02-07 Denied curtilage driveway plain-view-exception probable-cause search-and-seizure warrantless-search curtilage fourth-amendment plain-view-doctrine police-encounter probable-cause search-and-seizure standing vehicle-search warrantless-search 1. Has a Fourth Amendment violation occurred, where an uninvited police officer approaches a vehicle passenger, after the passenger has exited the veh…
18-7846 Reginald Hough v. United States Sixth Circuit 2019-02-07 Denied Response WaivedIFP 4th-amendment confrontation-clause evidence expert-testimony fifth-amendment lay-witness police-procedure probable-cause search-warrant totality-of-circumstances Based on the totality of the circumstances was there probable cause for the search warrant to issue? Is it permissible for a lay witness to offer tes…
18-1024 Lenard Johnson v. Richard Winfrey, Jr. Fifth Circuit 2019-02-06 Denied 4th-amendment accrual-of-claim civil-rights false-statements fourth-amendment fourth-amendment-search-and-seizure franks-analysis franks-v-delaware law-enforcement-misconduct legal-accrual material-omission probable-cause qualified-immunity warrant-application I. Does Franks v. Delaware1 analysis apply when a court opines information omitted from a warrant application is material to establishing probable c…
18-7746 Joseph Davis v. United States First Circuit 2019-02-04 Denied Response WaivedIFP thereby rendering the use of evidence uncovered d constitutional-rights criminal-procedure evidence florida-v-wells fourth-amendment inventory-search probable-cause ruse search-and-seizure Whether errors in an inventory search report are indicative of a "ruse" under Florida v. Wells, 495 U.S. 1, 4 (1990), thereby rendering the use of evi…
18-1006 Michael Kevin Adams v. Texas Texas 2019-02-01 Denied Response Waived 4th-amendment 5th-amendment 6th-amendment civil-rights community-caretaking criminal-procedure fourth-amendment impoundment interrogation law-enforcement minor-offense probable-cause search-and-seizure traffic-stop vehicle-impoundment vehicle-search The warrantless impoundment of an arrested person's car must be in furtherance of "public safety" or "community caretaking functions." South Dakota v.…
18-7711 Christopher Fitzgerald v. United States Sixth Circuit 2019-02-01 Denied Response WaivedIFP 4th-amendment civil-rights due-process exclusionary-rule fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant united-states-v-leon warrant-affidavit Does the "good faith" exception to the ex clusionary rule apply to uphold a search of a residence, where there is no nexus between the residence and a…
18-7619 Michael Scott Morris v. United States Tenth Circuit 2019-01-30 Denied Response WaivedIFP 4th-amendment 5th-amendment coercion consent criminal-procedure due-process fourth-amendment police-coercion probable-cause search-and-seizure voluntary-consent warrant-requirement Is consent to search a home freely and voluntarily given when police threaten arrest and jail if they are required to obtain a search warrant?
18-7683 Deandre Anderson v. Daniel Lesatz, Warden Sixth Circuit 2019-01-30 Denied IFP civil-procedure civil-rights constitutional-violations criminal-procedure due-process fourth-amendment miranda-rights new-evidence post-conviction-relief postconviction-relief probable-cause standing statute-of-limitations trial-errors wrongful-conviction Does the cases stated apply to this case? Does the statute of limitation yield to the imperative of correcting a fundamentally unjust incarceration? …
18-7653 Lonzo Bonner v. Michigan Michigan 2019-01-29 Denied IFP brady-material due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel perjured-testimony probable-cause prosecutorial-misconduct WHETHER PETITIONER WAS DEPRIVED OF HIS STATE AND FEDERAL CONSTITIONAL RIGHT TO A FAIR TRIAL AND DUE PROCESS OF LAW WHEN THE PROSECUTION DELIBERATELY W…
18-7527 David Phillip Wilson v. Alabama Alabama 2019-01-23 Denied IFP brady-evidence brady-v-maryland brady-violation co-defendant-statement criminal-procedure discovery due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel kaupp-v-texas probable-cause prosecutorial-misconduct wong-sun-v-united-states 1. Whether the prosecution's failure to provide Brady evidence is excused by trial counsel's lack of diligence in pursuing that evidence, and whether …
18-7534 Tylon Hudson v. Illinois Illinois 2019-01-23 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment parolee probable-cause reasonable-belief search-and-seizure warrant q pIic* -c Cqzqbk Q. c -i- Sc'VE Q €S1 cr\ -th 4Zri4 Arn cr\r o
18-917 Michael S. Bent v. Pamela Talkin, Marshal, Supreme Court of the United States, et al. District of Columbia 2019-01-15 Denied Response WaivedRelisted (2) civil-rights constitutional-rights courthouse-procedures due-process police-booth police-powers probable-cause separation-of-powers standing statutory-authority Does the Chief of Police via his Police Booth Operation violate Bent's right to be secure in his papers and his right to Due Process by seizing, witho…
18-900 Philip Zodhiates v. United States Second Circuit 2019-01-11 Denied Amici (4)Response Waived carpenter-v-united-states cell-site-location-information davis-v-united-states exclusionary-rule fourth-amendment fourth-amendment-search-and-seizure good-faith-exception international-parental-kidnapping probable-cause warrant-requirement 1. Does the good faith exception to the exclusionary rule allow use at trial of CSLI illegally seized by a prosecutor prior to this Court's decision i…
18-7294 Sergio Antonio Zambrano v. United States Eleventh Circuit 2019-01-08 Denied Response WaivedIFP 4th-amendment fourth-amendment pat-down probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio warrantless-search warrantless-searches Where a police officer initiates a stop of an individual pursuant to Terry v. Ohio and pats down the outer clothing of the individual and feels an obj…
18-7248 Vertis Anthony v. Louis Boyd, Warden, et al. Eleventh Circuit 2019-01-07 Denied Response WaivedIFP appeals appellate-jurisdiction civil-procedure constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment judicial-bias jurisdiction probable-cause rules-of-civil-procedure standing subject-matter-jurisdiction warrantless-search Is a trial by jury a necessary right of the litigant in any civil matter before a federal Court where the legal conclusion remains unresolved when bot…
18-7251 Consuelo Jordan v. Equal Employment Opportunity Commission, et al. District of Columbia 2019-01-07 Denied Response WaivedIFP 4th-amendment civil-procedure civil-rights constitutional-provisions due-process exclusionary-rule jurisdiction probable-cause qualified-immunity search-and-seizure standing takings Question not identified.
18-7256 Amin De Castro v. United States Third Circuit 2019-01-07 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement-interaction police-encounter police-seizure probable-cause reasonable-person reasonable-person-standard seizure terry-stop A police officer "seizes" a person under the Fourth Amendment if he makes a request that a reasonable person would not feel free to refuse, and the pe…
18-863 Tralvis Edmond v. United States Seventh Circuit 2019-01-07 Denied Response Waived 4th-amendment confidential-informant criminal-activity criminal-procedure due-process fourth-amendment probable-cause search-warrant temporal-evidence Whether a complaint for search warrant that is silent as to the date on which alleged criminal activity occurred and recounts only a single drug purch…
18-7214 Waymon Scott McLaughlin v. United States Fifth Circuit 2019-01-03 Denied Response WaivedIFP arrestee-access arrestee-rights fourth-amendment law-enforcement-procedure probable-cause search-incident-to-arrest unreasonable-search vehicle-search warrant-requirement warrantless-search Whether the Fourth Amendment permits officers to search objects carried by an arrestee without a warrant even after they have eliminated any realistic…
18-7179 Trevelle J. Taylor v. Nebraska Nebraska 2018-12-27 Denied IFP 4th-amendment arrest-standards civil-rights confrontation-clause criminal-procedure due-process probable-cause reasonable-suspicion search witness-testimony Whether a persons mere proximity to others independently suspected of criminal activity, withoutmore, give rise to probable cause to search that perso…
18-7151 Curtis John Mulhern v. Pennsylvania Pennsylvania 2018-12-20 Denied IFP 2nd-amendment civil-rights confidential-informant criminal-enterprise due-process entrapment law-enforcement outrageous-conduct outrageous-government-conduct probable-cause reverse-sting Did law enforcement conduct become constitutionally unacceptable where government agents and their confidential informant essentially, engineered and …
18-7156 Antonez Terril Johnson v. United States Eleventh Circuit 2018-12-20 Denied Response WaivedIFP arrest federal-circuit-split fourth-amendment investigative-detention investigatory-stop investigatory-stops pedestrian-stop probable-cause reasonableness-standard scope-and-duration terry-stop terry-v-ohio This Court has held, in several traffic stop cases, that investigatory stops based on probable cause can violate the Fourth Amendment in scope and dur…
18-7095 Miguel Robinson v. United States Sixth Circuit 2018-12-19 Denied Response WaivedIFP 4th-amendment circumstances circumstantial-evidence criminal-procedure drug-trafficking due-process fourth-amendment probable-cause reasonable-search rigid-legal-rules rule-of-law search search-and-seizure search-warrant Rigid legal rules are ill-suited'" to an analysis of probable cause. Illinois v. Gates, 462 U.S. 213, 232 (1986) (citation omitted). Did the Court of …
18-7043 Coleman Tuton v. United States Eighth Circuit 2018-12-14 Denied Response WaivedIFP 4th-amendment attenuation-doctrine commercial-passenger-bus drug-detection-canine fourth-amendment independent-source-doctrine luggage probable-cause search-and-seizure warrantless-search I. Does the general alert of a drug-detection canine to the luggage compartment of a commercial passenger bus —but not to any particular piece of lugg…
18-764 Oscar Henry Steinmetz v. United States Eighth Circuit 2018-12-14 Denied Response Waived 4th-amendment civil-rights consent consent-search constitutional-rights criminal-procedure due-process fourth-amendment law-enforcement probable-cause search-and-seizure 1. Does the law regarding searches, seizures, and consent need clarification for proper guidance and application? 2. Should a law enforcement officer…
18-6994 Cleveland McDowell Meador, IV v. United States Fourth Circuit 2018-12-11 Denied Response WaivedIFP consent-search consent-to-search felon-in-possession fourth-amendment home-search police-procedure probable-cause search-and-seizure seizure supervision supervision-of-search withdrawal-consent withdrawal-of-consent Whether police officers violate the Fourth Amendment when they obtain consent to search a person's home, then keep that person outside the home, preve…
18-6951 Jamal Cooper v. United States Sixth Circuit 2018-12-07 Denied Response WaivedIFP 18-usc-2518 4th-amendment congressional-intent consent-requirements criminal-procedure exclusionary-rule fourth-amendment franks-v-delaware necessity-requirement omnibus-crime-control-act probable-cause separate-application statutory-interpretation wiretap-application wiretap-necessity wiretap-statute Is 18 U.S.C. § 2518 (1)c) a statutory provision that reflects Congress' core concerns and does § 2518 (1)(c) require that each request for a wiretap b…
18-6959 Glenn Lloyd Kingham v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-12-07 Denied IFP 4th-amendment actual-prejudice assistance-of-counsel civil-rights competency constitutional-rights criminal-procedure due-process exclusionary-rule habeas-corpus judicial-review post-conviction probable-cause procedural-rules search-and-seizure 1.If arbitrary government intrusion violates the fourth amendment by means of unlawful detention with out probable cause, can thgt intrusion be used t…
18-720 Ronald Duhe, et al. v. City of Little Rock, Arkansas, et al. Eighth Circuit 2018-12-06 Denied Response Waived civil-rights constitutional-vagueness detention-policy disorderly-conduct due-process first-amendment free-speech legal-precedent overbreadth probable-cause vagueness On summary judgment: 1. Whether precedent by this Court together with the Eighth Circuit, other circuits and state courts of last resort had clearly …
18-6908 Livingston Manners v. Ronald Cannella, et al. Eleventh Circuit 2018-12-04 Denied IFP 42-U.S.C.-1983 Excessive-Force fleeing-and-eluding fourth-amendment Fourth-Amendment-Violation probable-cause qualified-immunity reasonable-suspicion traffic-stop Is there a violation of the fourth amendment where the arrest of a civilian stems from an illegal traffic stop - a traffic stop without either probabl…
18-6918 Samantha Christine Velazquez v. United States Ninth Circuit 2018-12-04 Denied Response WaivedIFP 4th-amendment border-search cell-phone-privacy cell-phone-search civil-rights due-process fourth-amendment probable-cause riley-precedent riley-v-california search-and-seizure warrantless-search Whether a warrantless, post-arrest cell phone search is permissible under the Fourth Amendment, simply because it takes place near the United States b…
18-6861 John Wilborn v. Kelly Ryan, Warden First Circuit 2018-11-28 Denied Response WaivedIFP actual-innocence actual-innocence-claim certificate-of-appealability constitutional-violation constitutional-violations due-process evidence-tampering evidence-withholding probable-cause probable-cause-transcript prosecutorial-misconduct Where John Wilborn made an actual innocence claim, did the Commonwealth violate John Wilborn's rights by withholding the probable cause transcript fro…
18-6864 Thomas Whitlow v. United States Eighth Circuit 2018-11-28 Denied Response WaivedIFP criminal-complaint criminal-complaint-validity false-statements fraud-on-court indictment perjury probable-cause reckless-disregard subject-matter-jurisdiction sworn-affidavit void-judgment #1 IS THE CRIMINAL COMPLAINT VOID WHEN IT WAS BASED ON STATEMENTS FROM SPECIAL AGENT TERRANCE TAYLOR STATEMENTS THAT WERE KNOWINGLY FALSE AND EXHIBITE…
18-6866 Thomas Edward Sperber v. Pennsylvania Pennsylvania 2018-11-28 Denied IFP 4th-amendment cellular-phone civil-rights digital-privacy fourth-amendment privacy probable-cause search-and-seizure warrant-requirement warrantless-search DOES THE ACT OF ACCESSING ANY INFORMATION FROM A CELLULAR PHONE WITHIOUT A WARRANT CONTRAVENE THIS COURT'S DECISION,.. THE UNITEO STATES SUPREME COURT…
18-667 Lonnie Charles Williams, III v. Texas Texas 2018-11-21 Denied Response Waived driving-while-intoxicated drug-detection fourth-amendment intoxication-signs law-enforcement odor-of-alcohol probable-cause reasonable-suspicion search-and-seizure traffic-stop Whether reasonable suspicion under the Fourth Amendment can exist in a driving while intoxicated context when officers do not detect the odor of alcoh…
18-6724 Roger Lee Ozier v. Shirlee Harry, Warden Sixth Circuit 2018-11-19 Denied Response WaivedIFP appellate-review armed-robbery bank-robbery confrontation-clause criminal-procedure cross-examination eyewitness-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence probable-cause sixth-amendment THE EVIDENCE PRESENTED AT TRIAL WAS INSUF- FICIENT TO SUSTAIN MR. OZIER'S CONVICTION FOR ARMED ROBBERY AND BANK ROBBERY. PETITIONER WAS DENIED HIS RI…
18-623 Katrina Walker v. Carl Weatherspoon, et al. Seventh Circuit 2018-11-14 Denied Response Waived 42-usc-1983 civil-rights due-process fourth-amendment illinois-v-gates informant informant-tip probable-cause qualified-immunity search-warrant section-1983 seventh-circuit May a police officer, who secures a search warrant on the uncorroborated tip of a first-time informant by withholding from the issuing judge facts tha…
18-6664 Daniel David Garza v. United States Fifth Circuit 2018-11-14 Denied Response WaivedIFP 4th-amendment exclusionary-rule fourth-amendment law-enforcement motion-to-suppress probable-cause reasonable-suspicion search-and-seizure traffic-stop Whether the lower courts erred in denying Mr. Garza's Motion to Suppress based on the erroneous finding that the officer had reasonable suspicion to i…
18-6702 Brandon Gale Combs v. United States Fourth Circuit 2018-11-14 Denied IFP 4th-amendment appellate-review civil-rights due-process exclusionary-rule fourth-amendment good-faith-exception leon-doctrine probable-cause search-and-seizure search-warrant warrant-requirement I. Whether it is unconstitutional to allow appellate courts to review information known to police, but unknown to the neutral and detached magistrate …
18-591 Gary Dressler v. Bradford Rice, et al. Sixth Circuit 2018-11-06 Denied Response Waived 2nd-amendment civil-rights conspiracy fourth-amendment open-carry probable-cause qualified-immunity second-amendment Question I – Is an individual's Second Amendment right to bear arms violated when he is told by a security guard he cannot open carry in a store and i…
18-6587 David James Matthew v. United States Ninth Circuit 2018-11-06 Denied Response WaivedIFP anticipatory-warrant conditional-warrant florida-v-jardines fourth-amendment knock-and-announce probable-cause search-and-seizure search-warrant united-states-v-grubbs warrantless-entry WHETHER AGENT WALDO'S INITIAL WARRANTLESS ENTRY, WITHOUT KNOCKING OR RINGING THE DOORBELL, INTO THE ENCLOSED "SCREENED FRONT PATIO" OF MATTHEW'S RESID…
18-576 Robert H. Wright, Jr. v. Jerald Watson, et al. Eleventh Circuit 2018-11-02 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-forfeiture civil-procedure civil-rights constitutional-rights due-process fourth-amendment malicious-prosecution police-misconduct probable-cause standing 1. Is a malicious prosecution claim under the Fourth Amendment and Manuel v. City of Joliet, 137 S. Ct. 9112 (2017) the proper civil remedy for an "ov…
18-6540 Maha Z. Rayan v. Georgia Georgia 2018-11-02 Denied Response WaivedRelisted (2)IFP arrest contempt contempt-order criminal-procedure due-process fourteenth-amendment fourth-amendment judicial-appointment municipal-court-jurisdiction municipal-courts probable-cause state-penal-law uniform-traffic-citation The questions presented by this petition is Under The Fourth and Fourteenth Amendments rules is one of great concern, gravity, and public importance a…
18-6512 Jabril Jones v. United States Sixth Circuit 2018-11-01 Denied Response WaivedIFP 4th-amendment appeals cell-phone-privacy civil-procedure civil-rights due-process exclusionary-rule false-imprisonment Fourth-Amendment jurisdiction jury-trial probable-cause search-incident-to-arrest sentencing standing warrantless-search (1) HAVE petitioner BEEN ARREStEd − without PRobabolE CAUSE (2) whether MOUANTS ARREST WARRANT ViolAtE the SECoNd ClAUSE JO The Fourth AmendmeNt (3)…
18-6520 Jesus L. Arnett v. Patrick Covello, Acting Warden Ninth Circuit 2018-10-31 Denied IFP certificate-of-appealability constitutional-rights cruel-and-unusual-punishment due-process false-conviction forged-bills ineffective-assistance-of-counsel probable-cause sentencing speedy-trial speedy-trial-rights structural-error Should Petitioner be granted a Certificate of Appealability when Petitioner was obviously and falsely convicted of possessing forged bills, and then g…
18-6431 Justin Jenkins v. United States Sixth Circuit 2018-10-25 Denied Response WaivedIFP 4th-amendment evidence-suppression Exclusionary-Rule fourth-amendment good-faith-exception Illegal-Search Illegal-Seizure probable-cause search-and-seizure search-warrant standing vehicle-search L. WHETHER REVIEW IS WARRANTED BECAUSE THE TRIAL COURT ERRED IN REFUSING TO SUPPRESS THE EVIDENCE AND FRUITS OF THE ILLEGAL SEARCHES OF RESIDENCES AT …
18-531 Terry Lee Coffman v. Iowa Iowa 2018-10-24 Denied Response Waived cady-v-dombrowski cady-v-drombrowski community-caretaking constitutional-law exigent-circumstances fourth-amendment immediate-need objective-facts police-assistance probable-cause reasonable-suspicion search-and-seizure warrant-requirement warrantless-seizure WHETHER THIS COURT'S HOLDING IN CADY V. DROMBROWSKI, 413 U.S. 433 (1973), PERMITS A WARRANTLESS SEIZURE UNDER THE FOURTH AMENDMENT WITHOUT OBJECTIVE F…
18-6399 Marcos Perez-Trevino v. United States Eighth Circuit 2018-10-23 Denied Response WaivedIFP berger-v-united-states circuit-split closed-container closed-containers conspiracy drug-conspiracy due-process fifth-amendment fifth-amendment-due-process florida-v-wells fourth-amendment fourth-amendment-search-and-seizure indictment inventory-search law-enforcement-policy material-variance probable-cause shared-interest Whether a material variance exists where the gover written-policy 1. IN THIS CASE, THE OFFICER CONDUCTED INVENTORY SEARCH OF A CLOSED CONTAINER WITHOUT A WRITTEN POLICY GOVERNING THE SEARCH OF SUCH CONTAINERS. WHETHE…
18-6412 Jaiyanah Bey v. Elmwood Place Police Department, et al. Sixth Circuit 2018-10-23 Denied Response WaivedIFP 4th-amendment 4th-amendment-search-and-seizure administrative-search civil-rights commercial-activity constitutional-rights due-process fourth-amendment law-enforcement probable-cause search-and-seizure standing traffic-stop The United States Constitution forth bill of right protects the people in their private capacity from any unlawful stops, search and seziors without a…
18-511 Austin Gates v. Hassan Khokhar, et al. Eleventh Circuit 2018-10-18 Denied arrest-standard civil-rights due-process first-amendment fourth-amendment free-speech probable-cause qualified-immunity standing state-law supreme-court 1. Whether a court, in determining whether arguable probable cause exists to arrest for a state-law crime, must consider any narrowing decisions by th…
18-491 Cameron Heath Ray v. Oklahoma Oklahoma 2018-10-17 Denied appellate-division circuit-split criminal-evidence criminal-procedure evidence fourth-amendment immediate-mobility law-enforcement mobility probable-cause search-and-seizure vehicle-search vehicle-seizure Whether it violates the Fourth Amendment to characterize a criminal suspect's car as evidence of a crime when the car is not used in the crime at issu…
18-474 LeFloris Lyon v. Canadian National Railway Company, et al. Seventh Circuit 2018-10-15 Denied Response WaivedRelisted (2) bivens bivens-action civil-rights first-amendment fourth-amendment probable-cause retaliatory-prosecution seventh-circuit-conflict Whether the Seventh Circuit decision conflicts with all Courts of appeals, and Lozman v. City of Riviera Beach, 138 S. Ct. 1945 (2018); Manuel v. City…
18-478 Brian Edward Malnes v. City of Flagstaff, Arizona, et al. Ninth Circuit 2018-10-15 Denied Response WaivedRelisted (2) constitutional-vagueness fourth-amendment harassment harassment-statute law-enforcement overbreadth probable-cause search-and-seizure unreasonable-search-and-seizure vagueness Whether law enforcement officials had probable cause to arrest the Petitioner (issuing a citation) for the crime of harassment under Ariz. Rev. Stat. …
18-6297 Jorge Robles-Avalos v. United States Fifth Circuit 2018-10-15 Denied Response WaivedIFP 4th-amendment border-patrol fourth-amendment motion-to-suppress probable-cause reasonable-suspicion search-and-seizure totality-of-the-circumstances vehicle-stop In ruling on a motion to suppress evidence obtained as a result of a roving Border Patrol stop, must a court consider, as part of the totality of the …
18-6268 Roger King v. Terence Kilpatrick, Warden Eleventh Circuit 2018-10-10 Denied Response WaivedIFP access-to-court access-to-courts civil-procedure civil-rights clerk-interference constitutional-rights discretionary-review due-process fourth-amendment fraud misrepresentation probable-cause procedural-error search-and-seizure 1. IS llcir. Court of Appeals required to conduct a factual deternination baring review of his constftutional claims ? 2234 petition without making a…
18-6243 Christopher Jackson v. Florida Florida 2018-10-09 Denied IFP civil-procedure constitutional-violation exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-evidence indirect-evidence probable-cause search-and-seizure standing wong-sun Whether secondary evidence discovered as a result of an illegal search and seizure can constitute proof against the victim of search, and does exclusi…
18-437 Dmitri I. Medvedev v. Henrico County Virginia 2018-10-05 Denied 4th-amendment civil-rights driver's-license due-process dui fourth-amendment probable-cause reasonable-suspicion seizure terry-stop terry-v-ohio Under Terry v. Ohio, 392 U.S. 1 (1968), a police officer can briefly detain a person based on reasonable suspicion that the person is involved in crim…
18-440 Edward Michael Nero, et al. v. Marilyn J. Mosby Fourth Circuit 2018-10-05 Denied Response Waived absolute-immunity advocacy-function civil-procedure civil-rights due-process investigation investigatory-materials law-enforcement legal-advice probable-cause prosecutor prosecutor-investigation prosecutorial-immunity standing Whether a prosecutor is acting as an "advocate" and is entitled to absolute immunity when the prosecutor performs an investigation and provides those …
18-6050 Timothy L. Rodriguez v. DeWayne Burton, Warden Sixth Circuit 2018-09-21 Denied Response WaivedRelisted (2)IFP due-process equal-protection fourteenth-amendment fourth-amendment probable-cause subject-matter-jurisdiction Void-for-Lack-of-Jurisdiction warrantless-arrest Question not identified.
18-6057 Omar Sosa-Gonzalez v. United States First Circuit 2018-09-21 Denied Response WaivedIFP appeal criminal-procedure due-process exclusionary-rule first-circuit fourth-amendment probable-cause search-and-seizure sentencing standing statutory-interpretation Question not identified.
18-368 Cedrick Thomas v. Jeffrey Cozzi Eleventh Circuit 2018-09-20 Denied Response Waived 42-usc-1983 4th-amendment civil-procedure civil-rights detective-thomas district-of-columbia-v-wesby eleventh-circuit false-arrest fourth-amendment law-enforcement probable-cause qualified-immunity 1. Whether, in light of District of Columbia v. Wesby, 138 S. Ct. 577 (2018), the Eleventh Circuit Court of Appeals erred by affirming the denial of p…
18-6039 Darryl Taylor v. Minnesota Minnesota 2018-09-19 Denied Response WaivedIFP 4th-amendment 5th-amendment civil-procedure civil-rights due-process probable-cause search-and-seizure standing Question not identified.
18-339 June Harper v. Arthur Leahy, et al. Second Circuit 2018-09-14 Denied Amici (1) arrest-warrant civil-rights fourth-amendment home-entry law-enforcement-procedure payton-standard payton-v-new-york probable-cause reasonable-suspicion Does the Fourth Amendment require police officers to have probable cause to believe that a suspect is present in a home before forcing entry into that…
18-5987 Ajohntae Hammond v. United States Tenth Circuit 2018-09-14 Denied Response WaivedIFP 4th-amendment circuit-split fourth-amendment officer-safety police-discretion pretext probable-cause qualified-immunity reasonable-suspicion search-and-seizure totality-of-circumstances totality-of-the-circumstances warrantless-search When deciding whether a police officer's fear for his safety justified a warrantless search of a person not suspected of any crime, may courts limit t…
18-325 Thomas F. Gehrmann, et al. v. United States Tenth Circuit 2018-09-13 Denied Response Waived appellate-review exculpatory-evidence fourth-amendment franks-doctrine franks-v-delaware material-omissions probable-cause search-warrant standard-of-review waiver Pursuant to Franks v. Delaware, 438 U.S. 154 (1978), the Fourth Amendment is violated where law enforcement intentionally or recklessly includes false…
18-5973 Alvin Ramirez-De Jesus v. United States First Circuit 2018-09-13 Denied Response WaivedIFP 18-usc-3553(a) booker-standard criminal-procedure drug-conspiracy exclusionary-rule fourth-amendment probable-cause probation-revocation procedural-reasonableness reasonable-suspicion search-and-seizure sentencing-factors sentencing-guidelines substantive-reasonableness supervised-release Question not identified.
18-5936 Terrance D. Johnson v. Randall Williams, Warden Fourth Circuit 2018-09-12 Denied IFP evidence-preservation exigent-circumstances fourth-amendment law-enforcement probable-cause search-and-seizure vehicle-search whether the Fourth Amendment forbids a pretextual seizure of a motorist based solely on probable cause due to an alleged obstructed tag? Does the Fou…
18-5927 J. A. v. New Jersey New Jersey 2018-09-10 Denied Response WaivedIFP attenuation coolidge-v-new-hampshire fourth-amendment fourth-amendment-search fruit-of-the-poisonous-tree illegal-entry lustig-v-united-states probable-cause reasonable-foreseeability search-and-seizure state-action I. DID A SEARCH INVOLVE STATE ACTION UNDER THE FOURTH AMENDMENT WHERE POLICE OFFICERS ENTERED A HOME ILLEGALLY, AN OFFICER THERE TOLD A N INQUIRING CI…
18-285 Missouri v. Phillip Douglass, et al. Missouri 2018-09-05 Denied Response RequestedRelisted (2) 4th-amendment civil-rights due-process exclusionary-rule fourth-amendment particularity particularity-requirement probable-cause search-and-seizure search-warrant standing warrant warrant-severability Because the exclusionary rule should be "our last resort, not our first impulse," Hudson v. Michigan, 547 U.S. 586, 591 (2006), all the Courts of Appe…
18-5901 Willis Maxi v. United States Eleventh Circuit 2018-09-05 Denied Response WaivedIFP 4th-amendment attenuation-doctrine civil-rights due-process evidence-suppression exclusionary-rule exigent-circumstances fourth-amendment illegal-search knock-and-talk law-enforcement-entry motion-to-suppress probable-cause search-and-seizure I. Whether the district court erred in denying petitioner's motion to suppress evidence and statement? II. Whether law enforcement may attenuate thei…
18-5856 David Gerard Jeep v. United States Eighth Circuit 2018-09-04 Dismissed Response WaivedRelisted (2)IFP 14th-amendment civil-procedure civil-rights district-court due-process eighth-circuit judicial-act judicial-immunity probable-cause qualified-immunity rico-act standing xiv-amendment Is the issuance, and support on appeal, of a court order without a "reasonable probable cause" a judicial act? Is there a non-exigent exception to th…
18-5874 Nalenzer Lee Edwards v. United States Eighth Circuit 2018-09-04 Denied Response WaivedIFP arrest confidential-informant drug-possession eighth-circuit fourth-amendment law-enforcement probable-cause reasonable-suspicion vehicle-stop As recently as 2014, this Court reemphasized that an informant's knowledge of a suspect's future movements may be indicative of some familiarity with …
18-5759 Daniela Castellanos v. United States Eighth Circuit 2018-08-24 Denied Response WaivedIFP 18-usc-2518 electronic-surveillance fourth-amendment illinois-v-gates investigative-procedures officer-conclusions-opinions privacy privacy-invasion probable-cause wiretap-warrant wiretapping wiretapping-procedures-18-usc-2518 1. Whether the facts required to establish probable cause, Illinois v. Gates, 462 U.S., 238, 103 S. Ct. 2317 (1983), include conclusions and opinions …
18-5705 George Easterly v. Florida Florida 2018-08-23 Denied Response WaivedIFP criminal-procedure exculpatory-evidence impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining plea-voluntariness postconviction-relief probable-cause probable-cause-affidavit search-and-seizure search-warrant voluntariness-of-plea Question #1: Whether the Florida Court of Appeals unreasonably applied this Courts precedent when it upheld summary denial of a postconviction claim a…
18-5718 James Willis Campbell, Sr. v. Virginia Virginia 2018-08-23 Denied Relisted (2)IFP 4th-amendment appellate-procedure appellate-review civil-rights constitutional-law criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction probable-cause search-and-seizure search-warrant standard-of-review (1) DID THE SUPREME COURT OF VIRGINIA ERR WHEN IT REVERSED THE COURT OF APPEALS OF VIRGINIA'S RULING AND AFFIRMED THE JUDGEMENT OF THE TRIAL COURT? (…
18-218 Trey Beam v. Robert F. Abercrombie, Jr. Eleventh Circuit 2018-08-20 Denied 11th-circuit civil-rights due-process investigation misdemeanor probable-cause qualified-immunity willful-failure Whether an officer may lose qualified immunity based upon the allegation of "willful" failure to investigate even when the officer has established at …
18-5667 Matthew Desmond Browne v. United States Ninth Circuit 2018-08-20 Denied Response WaivedIFP anonymous-tip civil-rights criminal-procedure fourth-amendment law-enforcement-procedure location-prediction probable-cause reasonable-suspicion vehicle-identification vehicle-search warrantless-seizure Is the Fourth Amendment violated when a warrantless seizure is carried out based on an anonymous tip that correctly identifies a vehicle and a driver'…
18-5614 Alexander Jesus Santiago v. United States Fourth Circuit 2018-08-17 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-admission probable-cause probation prosecutorial-burden resentencing sentencing supervised-release supervised-release-revocation Did the district court improperly revoke Mr. Santiago's supervised release and resentence him despite a lack of evidence that he violated supervised r…
18-5587 Bobby Joe Rosa v. United States Fifth Circuit 2018-08-14 Denied Response WaivedIFP 4th-amendment 5th-amendment 6th-amendment confidential-informant criminal-procedure exclusionary-rule fifth-amendment fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant sixth-amendment Petitioner, BOBBY JOE Rosa, was charged with being a felon in possession of a firearm after the Government executed a search warrant at his purported …
18-5588 Juan Manuel Sanchez-Jara v. United States Seventh Circuit 2018-08-14 Denied Response WaivedIFP cell-site-simulator fourth-amendment fourth-amendment-search privacy probable-cause residence surveillance warrant I. Whether location of a cell phone user in his residence through use of a cell site simulator, without a probable cause warrant, but with a "warrant …
18-5526 Michael P. Lough v. United States Fourth Circuit 2018-08-09 Denied Response WaivedIFP appellate-review court-of-appeals criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception motion-to-suppress probable-cause search-and-seizure standard-of-review warrant-requirement Whether the Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Lough's motion to suppress evidence?
18-5471 Roman Gabriel Contreras v. United States Ninth Circuit 2018-08-06 Denied Response WaivedIFP appellate-procedure civil-procedure civil-procedure-rules constitutional-rights dog-sniff due-process federal-rules-of-appellate-procedure judicial-discretion precedent probable-cause procedural-rules search-and-seizure standing vagueness The Ninth Circuit Court of Appealls (9th) did not follow rules being Federal Rules of Appeallete Procedure 'and precedent caselaw. By either ruling or…
18-5406 Orlando G. McDaniel v. United States District of Columbia 2018-08-01 Denied Response WaivedIFP constitutional-rights court-of-appeals exclusionary-rule fourth-amendment police-powers precedent probable-cause scope-of-search search-and-seizure search-warrant seizure Whether this court should grant this petition for a writ of certiorari to consider whether petitioner's constitutional rights were violated when the p…
18-145 Stepheno Jemain Alston v. South Carolina South Carolina 2018-07-31 Denied Response Waived 4th-amendment automobile-detention civil-rights due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion seizure traffic-stop Does South Carolina's reasonable suspicion analysis, in the context of prolonged automobile detentions, violate due process when it fails to sufficien…
18-5389 Torrick Johntrelle Rodgers v. United States Fourth Circuit 2018-07-30 Denied Response WaivedIFP exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree fruits-of-poisonous-tree ineffective-assistance-counsel ineffective-assistance-of-counsel plea-bargaining probable-cause prosecutorial-misconduct search-and-seizure search-warrant sentencing warrant WHETHER: THE DISTRICT COURT SHOULD HAVE SUPPRESSED ALL OF THE FRUITS OF THE POISONOUS TREE BASED UPON THE FOUND TO BE CORRUPTED OFFICIALS AND THE ILLE…
18-117 Brian Grimm v. Maryland Maryland 2018-07-27 Denied Response Waived appellate-review constitutional-law dog-sniff fourth-amendment probable-cause reliability search-and-seizure standard-of-review 1. When a defendant challenges the reliability of a dog's reported alert to the possible presence of drugs in a vehicle, in accordance with Florida v.…
18-5371 Michael Ellis v. Illinois Illinois 2018-07-27 Denied IFP appellate-review case-remand constitutional-challenge criminal-procedure due-process,criminal-procedure,probable-cause,forf forfeiture forfeiture-doctrine people-v-gaines probable-cause probable-cause,forfeiture,unconstitutional-statute statutory-interpretation teague-v-lane unconstitutional-statute Did the State forfeit the claim, reliance or remedy of Michigan v. DeFillippo, 443 U.S. 1 and U.S. v Charles, 801 F.3d 855 (71h Cir.) of an unconstitu…
18-5332 Davon Merkiese Kemp v. United States Sixth Circuit 2018-07-24 Denied Response WaivedIFP 4th-amendment criminal-procedure drug-crimes drug-trafficking evidence fourth-amendment home-search probable-cause search-and-seizure search-warrant unreasonable-search Whether a police officer's generalized opinion that drug dealers often keep drugs and other evidence of their trafficking activities in their homes is…
18-5296 Todd Rasberry v. United States First Circuit 2018-07-20 Denied Response RequestedResponse WaivedRelisted (2)IFP consent fourth-amendment home-privacy home-search probable-cause search-and-seizure terry-stop terry-v-ohio warrant-requirement warrantless-search May the government circumvent a home occupant's consent by invoking Terry v. Ohio to search home and person without a warrant?
18-5306 Ramiah Jefferson v. United States Sixth Circuit 2018-07-20 GVR Relisted (3)IFP cell-phone cell-phone-search fourth-amendment gang-activity probable-cause riley-v-california search-warrant zurcher-v-stanford-daily I. In this case, the district court denied Petitioner's pre-trial motion to suppress numerous photos and social media seized from his cell phone in an…
18-5249 Kristian Thomas v. United States Tenth Circuit 2018-07-17 Denied Response WaivedIFP active-warrant arrest-procedure due-process failure-to-appear fourth-amendment law-enforcement misdemeanor-arrest misdemeanor-arrest-warrant misdemeanor-warrant probable-cause reasonable-caution warrant-confirmation Does not the Fourth Amendment require prudence or reasonable caution so that before exercising a misdemeanor arrest warrant for failure to appear, a w…
18-58 Edward Jaimaal Price v. United States Fourth Circuit 2018-07-11 Denied Response Waived 4th-amendment constitutional-rights evidence-suppression exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-seizure motion-to-suppress probable-cause search-and-seizure standard-of-review Whether the District Court erred by not suppressing the evidence seized during the illegal search and seizure of the Appellant in violation of Appella…
18-48 Minnesota v. Quentin Todd Chute Minnesota 2018-07-09 Denied Response RequestedResponse WaivedRelisted (2) curtilage fourth-amendment knock-and-talk plain-view plain-view-doctrine probable-cause reasonable-expectation-of-privacy reasonable-suspicion search search-and-seizure After Florida v. Jardines, 569 U.S. 1 (2013), and Collins v. Virginia, 138 S.Ct. 1663 (2018), it is unclear - and there is a split in authority on - w…
18-5151 James G. Yahnke v. North Dakota North Dakota 2018-07-06 Denied IFP 4th-amendment blood-test civil-rights consent constitutional-rights drunk-driving due-process fourth-amendment implied-consent probable-cause search-and-seizure warrantless-search Constitolion, wheve, North Dakota State Trogper Taplied Consen t infoumed Petitianer of The Advisory and vequruted a Glood test, and Peitioner grerd b…
18-5142 Robert Jay Heximer v. Michigan Michigan 2018-07-05 Denied IFP 4th-amendment civil-rights constitutional-rights criminal-procedure criminal-procedure-4th-amendment-exclusionary-rule due-process exclusionary-rule fourth-amendment illegal-detention jurisdiction probable-cause standing subject-matter-jurisdiction WHETHER THE EVIDENCE ACQUIRED DURING MR. HEXIMER'S ILLEGAL DETENTION IS/WAS INADMISSIBLE UNDER CLEARLY-ESTABLISHED LAW WHETHER THE 53RD DISTRICT MAGI…
18-5004 Tremayne Antwane Mitchell v. United States Fourth Circuit 2018-06-28 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment curtilage evidence-suppression exclusionary-rule fourth-amendment franks-hearing franks-v-delaware good-faith-exception police-search probable-cause reasonable-expectation-of-privacy search-and-seizure standing warrantless-search Whether the Court of Appeals erred in overruling the District Court's decision to suppress evidence obtained by police officers when they sniffed the …
18-5023 Glenn Edwards v. United States Third Circuit 2018-06-28 Denied Response WaivedIFP civil-procedure civil-rights due-process fourth-amendment free-speech ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence probable-cause search-warrant staleness standing takings I. WHETHER THE DISTRICT COURT ABUSE ITS DISCRETION IN DENY PETITIONER'S MOTION FOR SUPRESS EVIDENCE USED TO OBTAIN SEARCH WARRANT VIOLATED THE PETITIO…