criminal-investigation

58 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5468 Robert A. Moylan v. Illinois Illinois 2025-08-26 Denied Response WaivedIFP confidential-communications criminal-investigation fourth-amendment overbroad-seizure patient-privacy search-warrant (1) Whether the investigation of misconduct by a substance abuse counselor justifies the search warrant seizure of all of the counselor's patient file…
25-105 Brian Beland and Denae Beland v. United States Ninth Circuit 2025-07-29 Denied Amici (1)Response WaivedRelisted (2) constitutional-rights criminal-investigation fifth-amendment fourth-amendment irs-procedure tax-audit 1. Is a taxpayer 's Fourth and/or Fifth Amendment Constitutional Rights violated when the IRS civil revenue agent conducts a criminal investigation…
25-5080 Kevin Coles v. United States Third Circuit 2025-07-10 Denied Response WaivedIFP administrative-warrant bodily-injury criminal-investigation fourth-amendment jury-testimony police-report 1. Whether evidence should have been suppressed because the Government improperly used an administrative warrant as a subterfuge to further a criminal…
24A1089 Brian Beland and Denae Beland v. United States Ninth Circuit 2025-05-12 Presumed Complete civil-audit criminal-investigation fifth-amendment firm-indication-of-fraud fourth-amendment IRS-examination Question not identified.
24-519 Eunice Bisong Nkongho v. United States Fourth Circuit 2024-11-06 Denied Response Waived border-search criminal-investigation electronic-media fourth-amendment law-enforcement search-warrant I. Whether the scope of the border exception to the Fourth Amendment extends to a seizure and search for information about a crime? II. Whether th…
24-502 John Doe v. United States Fourth Circuit 2024-11-04 Denied Relisted (2) appellate-jurisdiction attorney-client-privilege criminal-investigation filter-team injunction-order privilege-review When the Government seizes documents or hard drives that may contain attorney-client privileged and work-product protected material, it often utilizes…
24-5365 Troy Steven Richter v. United States Seventh Circuit 2024-08-22 Denied Response WaivedIFP criminal-investigation erotica first-amendment fourth-amendment free-speech ineffective-assistance Does the First Amendment and protection of free speech prohibit the initiation of a criminal investigation when original materials were deemed as erot…
24-5310 Paul Wagner v. United States Ninth Circuit 2024-08-13 Denied Response WaivedIFP conflict-of-interest criminal-investigation due-process right-to-counsel sixth-amendment trial-attorney Whether it gave rise to disqualifying conflict of interest, in violation of Petitioner's Sixth Amendment right to counsel, that his trial attorney kne…
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…
23-1181 Gail M. Ritchey v. Ohio Ohio 2024-05-01 Denied Amici (1) autopsy-report confrontation-clause criminal-investigation criminal-procedure evidence hearsay-evidence medical-examiner medical-examiner-testimony sixth-amendment Does the admission of an autopsy report and testimony from a doctor who neither participated in the autopsy nor prepared the report violate the Sixth …
23-1110 Gerald S. Ostipow, Individually and as Personal Representative of the Estate of Royetta L. Ostipow v. William L. Federspiel Sixth Circuit 2024-04-12 Denied civil-procedure civil-rights criminal-investigation criminal-procedure due-process fifth-amendment just-compensation property-rights property-seizure taking takings Does the non-return and indefinite retention of non-forfeited private property (or its monetary equivalent), when initially seized for a criminal inve…
23-6742 Alexander D. Pennington v. United States Fifth Circuit 2024-02-14 Denied Response WaivedIFP 5th-amendment 5th-amendment-rights 5th-circuit criminal-investigation criminal-procedure custody fifth-amendment interrogation miranda-rights search-warrant Under the Fifth Amendment, is a suspect in a criminal investigation "in custody" when he is ordered out of his residence by armed agents who broke dow…
23-5905 Daniel Kristof Lak v. California California 2023-10-27 Denied Relisted (2)IFP brady brady-disclosure conflict-of-interest conflicts-of-interest criminal-investigation criminal-procedure due-process impeachment-evidence law-enforcement law-enforcement-witness prosecutorial-ethics witness When a law enforcement witness in a criminal trial, themselves, becomes the subject of an unrelated criminal investigation, the prosecution is faced w…
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…
23-5760 Mattie T. Lomax v. United States Federal Circuit 2023-10-11 Denied Response WaivedRelisted (2)IFP burden-of-proof constitutional-rights criminal-investigation criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial legal-definition seventh-amendment Plaintiff Mattie Lomax brought this action under 42 U.S.C. §§ 1983 and 1985, alleging that the Defendants violated her constitutional rights during a …
23-5743 Xzavione Taylor v. United States Ninth Circuit 2023-10-10 Denied IFP criminal-investigation exit-order fourth-amendment pennsylvania-v-mimms police-detention reasonable-suspicion rodriguez-v-united-states traffic-stop vehicle-search The question presented is whether a police officer detours from the lawful mission of a traffic stop by ordering that the driver of a car exit the veh…
23-5180 Dickens Etienne v. Michelle Edmark, Warden First Circuit 2023-07-24 Denied Response WaivedIFP criminal-investigation criminal-procedure exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel mental-health mental-illness post-arrest-conduct post-conviction-review right-to-counsel strickland-standard strickland-v-washington Where there was evidence of a history of the defendant's mental health issues and mental health hospitalization and trial counsel failed to even initi…
22-6734 In Re Lee Kent Hempfling, et ux. 2023-02-09 Denied Relisted (2)IFP censorship civil-procedure civil-rights court-jurisdiction criminal-investigation due-process free-speech judicial-review legal-standing standing writ-of-mandamus 1: Whether the listed state and federal court actions are parallel to any legally invoked criminal investigation of prosecution stemming from crimes r…
22-6060 Christine Owens v. Mahershal Simonet California 2022-11-17 Denied IFP civil-rights constitutional-rights criminal-investigation due-process human-trafficking judicial-responsibility paycheck-protection-program standing temporary-restraining-order victim-protection 1.) Should have Mahershal Simonet been placed into custody by Justice William C. Redmond because, petitioner, Christine Owens needed to file a Tempora…
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…
22-5573 Anne P. Mulligan v. Alaska, et al. Alaska 2022-09-14 Denied IFP civil-rights corruption criminal-investigation due-process hipaa hipaa-violation hospital-records medical-privacy privacy sovereign-immunity (1) Why did the Respondent conduct their own investigation regarding the Petitioner? (2) How did the Respondent conclude that the Petitioner committe…
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 …
21-1611 Robert Koger v. United States Fourth Circuit 2022-06-29 Denied Response Waived conflict-of-interest criminal-defense criminal-investigation defense-counsel disclosure due-process reversal sixth-amendment witness witness-testimony 1. Whether a criminal defendant establishes an "actual " unwaiveable conflict of interest that adversely affects counsel 's representation when def…
21-1548 Courtney L. Rainey v. Mississippi Mississippi 2022-06-09 Denied Response Waived constitutional-rights criminal-investigation due-process false-information first-amendment free-speech freedom-of-speech witness-intimidation 1. Whether it violates a citizens' rights under the First Amendment's Freedom of Speech clause for a State to prosecute that citizen for asking someon…
21-7319 Abraham A. Augustin v. United States Sixth Circuit 2022-03-08 Denied Response WaivedIFP ancillary-jurisdiction civil-action criminal-investigation due-process equity federal-court property-seizure return-of-property rule-41(g) rule-41g I. WHETHER THE UNITED STATES INDICTMENT OF A DEFENDANT WHO'S PROPERTY WAS SEIZED BY THE STATE AND FBI DURING THE CRIMINAL INVESTIGATION OF A CASE PROS…
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…
21-6500 Jermaine Neal v. Mississippi Mississippi 2021-12-03 Denied Response WaivedIFP actual-innocence constructive-amendment criminal-investigation due-process false-confession fifth-amendment fourteenth-amendment perjury self-incrimination sixth-amendment 1. WHEN A CITIZEN OF THE UNITED STATES BECOMES A SUSPECT IN A CRIMINAL INVESTIGATION FOR HOMICIDE, AND FIRST, AS A RESULT OF BADGERING AND PESTERING F…
21-716 David Sivella v. Township of Lyndhurst, New Jersey, et al. Third Circuit 2021-11-15 Denied criminal-investigation employer-liability first-amendment free-speech protected-speech public-employment retaliation whistleblower Does the First Amendment bar a public employer from initiating a baseless criminal investigation in retaliation for a public employee engaging in prot…
21-6251 Jason Wattie Buzzard and Paul William Martin v. United States Fourth Circuit 2021-11-12 Denied Response WaivedIFP 4th-amendment civil-rights criminal-investigation fourth-amendment police-questioning prolonged-detention reasonable-suspicion search-and-seizure traffic-stop unlawful-detention Whether a police officer conducting a traffic stop unlawfully prolongs that stop, in violation of the Fourth Amendment, by asking the occupants of the…
21-6081 Gerund Mickens, aka Breeze v. United States Second Circuit 2021-10-26 Denied Response WaivedIFP brady-disclosure brady-v-maryland confrontation-clause criminal-investigation due-process evidence-preservation fifth-amendment sixth-amendment Whether Brady v. Maryland, 373 U.S. 83 (1963), the due process clause of the Fifth Amendment, and the confrontation clause of the Sixth Amendment and …
21-6091 Harold Cook v. United States Second Circuit 2021-10-26 Denied Response WaivedIFP brady-disclosure brady-v-maryland criminal-investigation criminal-procedure disclosure-requirements due-process exculpatory-evidence prosecutorial-duty witness-statement witness-statements 1. WHETHER BRADY V. MARYLAND, 373 U.S. 83 (1963) AND ITS PROGRENY REQUIRE THE PROSECUTION TO CREATE A RECORD OF AND PRESERVE APPARENTLY EXCULPATORY WI…
21-5976 Jude Joseph David Lovchik v. Virginia Virginia 2021-10-14 Denied Response WaivedIFP circuit-split criminal-investigation criminal-procedure dna-evidence dna-testing expectation-of-privacy forensic-evidence fourth-amendment search-and-seizure search-warrant The Fairfax County Police seized trash from in front of Jude Lovchik's home. The items seized were then submitted to the Virginia Department of Forens…
21-5963 Norris Williams v. United States Eleventh Circuit 2021-10-13 Denied Response WaivedIFP 5th-amendment constitutional-rights criminal-investigation criminal-procedure due-process evidence fifth-amendment habeas-corpus investigation right-to-silence self-incrimination 1. When a defendant in an investigation says "No" is it a 5th amendment violation. When does the investigation stop? 2. When new evidence is made ava…
21-410 Gregorio Gigliotti and Angelo Gigliotti v. United States Second Circuit 2021-09-15 Denied Response WaivedRelisted (2) 4th-amendment 4th-amendment-violation constitutional-standard criminal-investigation criminal-procedure foreign-law-enforcement fourth-amendment joint-investigation law-enforcement wiretapping 1. Whether the Fourth Amendment is violated when foreign law enforcement officials engage in wiretapping at the behest of United States officials purs…
20-1766 In Re John H. Todd 2021-06-21 Denied Response Waived civil-rights confession constitutional-safeguards criminal-investigation due-process evidence evidence-exclusion police-conduct search-warrant Does Oregon's conflicting statutes on search warrants that exist between ORS 133.545(5) which requires a fully trained police officer and ORS 167.345 …
20-7935 Wilmar Rene Duran-Gomez v. United States Fifth Circuit 2021-05-05 Denied Relisted (2)IFP barker-test barker-v-wingo civil-immigration-offense criminal-investigation pretextual-arrest prosecutorial-misconduct sixth-amendment speedy-trial Whether, under the balancing test in Barker v. Wingo, 407 U.S. 514 (1972), prosecutors may prevent attachment of a defendant's Sixth Amendment speedy-…
20-7896 John Matthew Gayden, Jr. v. United States Eleventh Circuit 2021-04-30 Denied IFP actual-prejudice criminal-investigation due-process fourth-amendment pre-indictment-delay prescription-drug-monitoring prescription-drug-monitoring-program search-and-seizure warrant-requirement warrantless-search I. Florida's Prescription Drug Monitoring Program (PDMP), like PDMPs across the country, is a digital database that collects and analyzes controlled s…
20-6565 Simon Quinn v. Louisiana Louisiana 2020-12-08 Denied Response WaivedIFP burden-of-proof criminal-intent criminal-investigation criminal-procedure homicide-investigation obstruction-of-justice reasonable-doubt specific-intent statutory-interpretation underlying-conviction Reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Quinn is guilty of the offense …
20-5493 Tobias O. Reed v. Virginia Virginia 2020-08-25 Denied IFP constitutional-evidence criminal-investigation ex-parte-order exclusionary-rule good-faith-defense good-faith-exemption illinois-v-krull prosecutorial-conduct prosecutorial-misconduct I. Are prosecuting attorneys who engage with a court in the course of conducting a criminal investigation, such as obtaining an ex parte order, entitl…
20-5196 David McConnell v. Florida Florida 2020-07-31 Denied IFP cooperation-with-state criminal-investigation criminal-procedure effective-assistance-of-counsel fourteenth-amendment ineffective-assistance-of-counsel murder murder-prosecution prosecutorial-conflict sixth-amendment 1. Does counsel under the Fourteenth and Sixth Amendment have an obligation to effectively assist a defendants cooperation with the State in a murder…
20-5186 John Edward Butler v. North Carolina North Carolina 2020-07-28 Denied Response WaivedIFP 14th-amendment 4th-amendment 5th-amendment civil-rights confidential-informant constitutional-rights criminal-investigation dna-evidence due-process excessive-force law-enforcement trial-procedure Question not identified.
19-8277 Abraham A. Augustin v. United States Sixth Circuit 2020-04-17 Denied Response WaivedIFP ancillary-jurisdiction bivens-action civil-procedure constructive-possession criminal-investigation criminal-procedure fed-r-crim-p-16 fed-r-crim-p-41 jurisdiction property-seizure 1. Whether the district court had ancillary jurisdiction over property seized during the criminal investigation of an offense prosecuted in said dis…
19-7769 Demetrius Antwon Wilson v. David Shinn, Director, Arizona Department of Corrections, et al. Ninth Circuit 2020-02-25 Denied IFP 6th-amendment competency competency-to-stand-trial constitutional-rights criminal-investigation criminal-procedure due-process evidence fair-trial fifth-amendment ineffective-assistance-of-counsel interrogation law-enforcement plea-bargaining prosecutorial-misconduct self-representation If yourrepresenting yourself do you think I'm Competent to Stand trial or Sign a plea If you had Fecent Surgery of having Part of your Intestine remov…
19-7362 John Alfred Regalado v. Donald J. Trump, President of the United States, et al. District of Columbia 2020-01-23 Denied Response WaivedIFP abuse-of-authority civil-procedure civil-rights criminal-investigation due-process federal-investigation free-speech government-conspiracy government-misconduct government-overreach judicial-identity-protection national-security presidential-misconduct standing witness-protection Whether the Supreme Court of the United States, or any Inter-Government agency working with the Federal Bureau of Investigation, has knowledge of any …
19-772 Albert Diaz v. United States Fifth Circuit 2019-12-16 Denied Response Waived criminal-investigation criminal-procedure due-process formal-charges grand-jury pre-indictment prosecutorial-discretion right-to-counsel sixth-amendment target target-designation Whether the Fifth Circuit Court of Appeals correctly held that the Sixth Amendment right to counsel does not attach once the United States has focused…
19-742 James Bailey-Snyder v. United States Third Circuit 2019-12-11 Denied Amici (3)Response Waived arrest-definition civil-rights criminal-investigation criminal-procedure due-process liberty-restriction prisoner-rights prosecutorial-discretion solitary-confinement speedy-trial wilkinson-v-austin Does imposing solitary confinement on a prisoner while police and prosecutors investigate and consider new criminal charges amount to an "arrest" givi…
19-635 Donald J. Trump v. Cyrus R. Vance, Jr., in His Official Capacity as District Attorney of the County of New York, et al. Second Circuit 2019-11-18 Judgment Issued Amici (13)Response Waived article-2 article-ii article-two constitutional-law criminal-investigation executive-power grand-jury-subpoena immunity president presidential-immunity separation-of-powers subpoena supremacy-clause The District Attorney for the County of New York is conducting a criminal investigation that, by his own admission, targets the President of the Unite…
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…
19-6267 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…
19-424 Joel Howard James v. Michigan Michigan 2019-09-30 Denied Response Waived class-of-one criminal-investigation due-process equal-protection equal-protection-clause fourteenth-amendment nonresident-tolling nonresident-tolling-provision privileges-and-immunities Privileges-and-Immunities-Clause Rational-Basis statute-of-limitations 1. Based on a "class of one" analysis, does the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution bar application …
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…
19-5227 John Francis Lechner v. United States Sixth Circuit 2019-07-17 Denied Response WaivedIFP abuse-of-power atf civil-rights criminal-investigation due-process explosives-permit false-testimony federal-agent-testimony government-misconduct perjury prosecutorial-abuse prosecutorial-misconduct 1. Did ATF Special Agent Timothy DeClaire misrepresent himself when he testified that John Lechner forged the explosives permit? 2. Did Melissa Alexa…
18-1522 Doe v. United States Ninth Circuit 2019-06-10 Denied Relisted (2) adverse-spousal-testimony adverse-testimony compelled-testimony criminal-investigation document-authentication document-compulsion document-production fifth-amendment grand-jury spousal-privilege witness-testimony Whether a grand jury witness may invoke the privilege against adverse spousal testimony where the target of the grand jury investigation is the witnes…
18-9241 Sealed Appellant v. Sealed Appellee Fifth Circuit 2019-05-13 Denied Response WaivedRelisted (2)IFP attorney-client-privilege attorney-representation civil-rights conflict-of-interest criminal-investigation criminal-procedure cuyler-v-sullivan due-process prosecutorial-ethics right-to-counsel strickland-v-washington structural-error Should lower courts review the conflict under Cuyler v. Sullivan or Strickland v. Washington?
18-9097 Freddie L. Morris v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-05-03 Denied Response WaivedIFP coerced-confession criminal-investigation fifth-amendment fourteenth-amendment habeas-corpus informant involuntary-plea jail-cell right-to-counsel sixth-amendment WHETHER THE STATE OF FLORIDA VIOLATED PETITIONER'S SIXTH AMENDMENT RIGHT TO THE ASSISTANCE OF COUNSEL, WHEN POLICE INSERTED A PAID INFORMANT IN PETITI…
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…
18-648 Burdette Searcey, et al. v. James L. Dean, et al. Eighth Circuit 2018-11-19 Denied Response RequestedResponse WaivedRelisted (2) 1989 civil-rights constitutional-rights criminal-investigation criminal-trial due-process evidence false-evidence false-evidence-manufacture law-enforcement-liability manufacture-of-false-evidence municipal-liability qualified-immunity reckless-evidence-gathering substantive-due-process voluntary-plea Whether in 1989 a law-enforcement officer violated a plaintiff's substantive due-process rights merely by recklessly gathering "unreliable" evidence i…
18-360 Ronald Bergrin v. United States Sixth Circuit 2018-09-20 Denied Response Waived competency-test conflicts-of-interest counsel-conflict criminal-investigation due-process due-process,criminal-procedure,competency,conflict dusky-standard dusky-v-united-states right-to-counsel stand-trial standard-of-review structural-error Does the competency test established in Dusky v. United States, 362 U.S. 402 (1960), permit a finding of incompetency to stand trial based on the accu…