consent-to-search

22 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-5151 Tony A. Berger v. Wood County Sheriff's Department, et al. Seventh Circuit 2023-07-20 Denied IFP brady-rule consent-to-search due-process exculpatory-evidence law-enforcement-authority minor-interrogation parental-rights prosecutorial-misconduct search-and-seizure witness-credibility Would assistant district attorney have authority to deny exculpatory evidence brought to his office? Do deputies have authority to say someone who ha…
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…
21-6628 Frank McNabb v. Texas Texas 2021-12-15 Denied IFP 4th-amendment consent-search consent-to-search detention-extension fishing-expedition fourth-amendment official-coercion retroactive-forgiveness traffic-stop warrant-exception During a traffic stop, CONSENT TO SEARCH is the exception to the 4th Amendment Warrant Rule; Is it also retroactive forgiveness for any and all violat…
21-6154 Shawn Ford v. United States Sixth Circuit 2021-11-03 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment apparent-authority consent-to-search criminal-procedure fourth-amendment reasonable-belief residence search-and-seizure third-party-consent Whether a third party's apparent authority to consent to a search of a criminal suspect's residence requires that the police reasonably believe that t…
20-1366 Jesus Gomez-Arzate v. United States Tenth Circuit 2021-03-30 Denied Response Waived 4th-amendment attenuation civil-rights consensual-encounter consent consent-to-search due-process fourth-amendment standing traffic-detention unlawful-extension In 2015, this Court decided the case of Rodriguez v. United States, 575 U.S. 348 (2015) [135 S.Ct. 1609, 191 L.Ed.2d 492], limiting the scope of traff…
20-6467 Craig Howard v. United States Sixth Circuit 2020-11-27 Denied Response WaivedIFP 4th-amendment co-tenant co-tenant-consent consent-to-search detention fernandez fourth-amendment law-enforcement physical-presence randolph reasonable-search search-and-seizure (1) Does the lawful detention of an objecting co-tenant in a squad car on the premises to be searched make him absent such that another co-tenant may …
20-5099 Lantrel DeKeith Wilson v. United States Sixth Circuit 2020-07-17 Denied Response WaivedIFP 4th-amendment 6th-circuit consent-search consent-to-search criminal-procedure inevitable-discovery motion-to-suppress search-and-seizure sixth-circuit supreme-court-precedent terry-stop I. Whether the decision of the Sixth Circuit Court of Appeals in affirming the District Court's denial of Lantrel Wilson's Motion to Suppress conflict…
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…
19-7106 Peter Woodley v. United States Third Circuit 2019-12-30 Denied Response WaivedIFP 4th-amendment consent consent-to-search lawful-possession reasonable-expectation-of-privacy rental-car search-and-seizure standing In Byrd v. United States, 138 S. Ct. 1518 (2018), the Court held that, "as a general rule, someone in otherwise lawful possession and control of a ren…
19-6332 Walter Glenn v. United States Fifth Circuit 2019-10-23 Denied Response WaivedIFP 4th-amendment consent-to-search criminal-procedure fourth-amendment leadership-role obstruction-of-justice rental-vehicle search-and-seizure sentencing-guidelines standing standing-civil-procedure standing-doctrine traffic-stop 1. In September 2014, did a relief driver of a rental vehicle, driving with permission of the lessee, although contractually unauthorized, have standi…
19-6233 Alshaqah Tariq Powell v. United States Third Circuit 2019-10-09 Denied IFP 4th-amendment civil-procedure consent consent-search consent-to-search constitutional-rights criminal-procedure due-process expectation-of-privacy fourth-amendment involuntary-consent traffic-stop vague-consent-form vagueness The questions important to this case are: I. Whether Petitioner had the Fourth Amendment rights as a United States Citizen to be advised of his right…
19-5546 Kevin Lyndell Yates v. Amy M. Harper Fourth Circuit 2019-08-09 Denied IFP civil-rights consent-to-search constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel interrogation inventory-of-seized-items miranda-warnings plea-agreement police-questioning search-warrant 1. Does a defendant who has been handcuffed ,informed that there is a indictment for his arrest ,questioned by the arresting officer ,asked by the ar…
19-5429 Cantrell Lamont Burwell v. United States Eleventh Circuit 2019-08-01 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment appellate-procedure clear-error consent-search consent-to-search de-novo de-novo-review eleventh-circuit fourth-amendment standard-of-review totality-of-circumstances In the context of the Fourth Amendment, this Court has characterized the voluntariness of consent to a search as "a question of fact to be determined …
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…
18-1513 Michigan v. Michael Frederick, et al. Michigan 2019-06-05 Denied consent-to-search constitutional-trespass fourth-amendment implied-license knock-and-talk law-enforcement predawn-visit search search-and-seizure trespass 1. Whether the Fourth Amendment applies to knock and talk encounters. 2. If yes, whether the Michigan Supreme Court correctly held that a predawn vis…
18-9434 Juan Carlos Rodriguez v. United States Eleventh Circuit 2019-05-29 Denied Response WaivedIFP 404(b) 4th-amendment co-defendant-consent consent-search consent-to-search fourth-amendment jury-instructions prior-bad-acts prior-bad-acts-404(b) rule-404b search-and-seizure sentencing sentencing-variance standing-4th-amendment-search-and-seizure standing-to-suppress variance warrantless-search Whether the trial and appellate court erred when it adjudged that Petitioner had no standing to request suppression of evidence obtained from a warran…
18-8644 Emanuel L. Finch, Sr. v. Bradley Graham, et al. Ninth Circuit 2019-04-01 Denied Response WaivedIFP confrontation-clause confrontation-clause,compulsory-process,miranda-ri consent-to-search constitutional-rights criminal-procedure due-process fair-trial materiality-of-false-testimony miranda-rights sixth-amendment sufficiency-of-evidence weight-of-evidence Whether it is a question of Law for the Supreme Court of the United States to determine the conduct complained of? Whether the Petitioner have a Cons…
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…
18-6994 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…
18-6432 Patrick Killen, Jr. v. United States Eleventh Circuit 2018-10-25 Denied Response WaivedIFP confession confession-voluntariness consent-to-search due-process fifth-amendment fourth-amendment interrogation interrogation-circumstances involuntary law-enforcement-tactics totality-of-the-circumstances young-adult This petition presents the question of whether Due Process allows federal agents to obtain a confession and a consent to search from an immature, youn…
18-5223 Gerand Earl Ratcliff v. United States Eleventh Circuit 2018-07-12 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment appellate-review civil-rights consent-search consent-to-search constitutional-rights deferential-review due-process fact-finding schneckloth-v-bustamonte standard-of-review voluntariness-standard Is the voluntariness of consent to search a question of fact that is subject to the same deferential review as findings of historical fact?
18-13 Juan Francisco Maldonado v. Texas Texas 2018-07-02 Denied Response Waived canine-sniff civil-procedure consent-to-search constitutional-rights fourteenth-amendment fourth-amendment law-enforcement reasonable-suspicion search-and-seizure traffic-stop The Court of Appeals erred in applying the incorrect Fourth Amendment standard to Mr. Maldonado's traffic stop. Once the purpose of the traffic stop c…