| 23-5784 |
Aaron Lee Porter v. United States |
Tenth Circuit |
2023-10-13 |
Denied |
Response WaivedIFP |
abandonment-doctrine clear-error de-novo-review fourth-amendment question-of-fact question-of-law search-and-seizure standard-of-review |
Is a finding that an object has been abandoned within the meaning of the Fourth Amendment a question of law subject to de novo review, or a purely fac… |
| 20-1198 |
Jerry Wiltz v. Texas |
Texas |
2021-03-01 |
Denied |
Response Waived |
4th-amendment abandonment abandonment-doctrine cell-phone cell-phone-privacy civil-rights fourth-amendment privacy privacy-rights search-and-seizure standing warrant-requirement |
In the present case, a man's cell phone was searched without a warrant and the trial court ruled that the phone was abandoned and that the Defendant h… |
| 19-7605 |
Vincent Kane v. Pennsylvania |
Pennsylvania |
2020-02-07 |
Denied |
Relisted (2)IFP |
4th-amendment abandonment abandonment-doctrine cell-phone-privacy cell-phones fourth-amendment intent-to-reclaim password-protected property-rights public-place reasonable-expectation search-and-seizure |
I. WHETHER THE DOCTRINE OF ABANDONMENT APPLIES TO PASSWORD PROTECTED CELL PHONES FOUND IN A PUBLIC PLACE?
II. WHETHER THE DOCTRINE OF ABANDONMENT APP… |
| 19-979 |
Patrick S. Crick v. James Key, Superintendent, Airway Heights Corrections Center |
Ninth Circuit |
2020-02-05 |
Denied |
Response WaivedRelisted (2) |
abandonment abandonment-doctrine aedpa criminal-judgment due-process fabricated-evidence finality negligence post-conviction-counsel procedural-negligence state-finality |
1. This Court has well settled that use of "fabricated
evidence" by a State "virtually" voids a criminal
judgment ab initio. But what effect does th… |
| 19-7392 |
Demetrius Darrell Davis, aka Meatman v. United States |
Fourth Circuit |
2020-01-23 |
Denied |
Response WaivedIFP |
4th-amendment 4th-amendment-search-and-seizure abandonment abandonment-doctrine criminal-procedure disclaimer-of-ownership fourth-amendment incriminating-statement incriminating-statements police-questioning property-rights reasonable-expectation-of-privacy search-and-seizure |
Whether a mere disclaimer of ownership in an effort to avoid making an incriminating statement in response to police questioning should not alone be d… |
| 18-350 |
Lamar Sequan Brown v. South Carolina |
South Carolina |
2018-09-18 |
Denied |
Response Waived |
abandonment abandonment-doctrine cell-phone-privacy cell-phones digital-data fourth-amendment privacy reasonable-expectation-of-privacy reasonable-expectation-privacy search-and-seizure search-warrant warrant-requirement |
Fourth Amendment doctrine permits police to freely search ordinary objects deemed "abandoned." No suspicion, or warrant, or exigency is required. But … |