| 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… |
| 22-6802 |
Luis Miguel Sierra-Ayala v. United States |
First Circuit |
2023-02-16 |
Denied |
Response WaivedIFP |
4th-amendment consensual-search consent exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-seizure police-misconduct reasonable-suspicion search-and-seizure |
A police officer cannot touch a person's body or possessions without consent or legally sufficient basis. Likewise, an officer cannot force himself up… |
| 22-6012 |
Paige Davis v. United States |
Seventh Circuit |
2022-11-09 |
Denied |
IFP |
attenuation-doctrine brown-v-illinois evidence-suppression exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-search search-and-seizure utah-v-strieff |
1) Is it error to apply the attenuation test articulated in Brown v. Illinois to determine whether evidence discovered during an illegal search should… |
| 22-6014 |
Herbert G. Green v. United States |
Eighth Circuit |
2022-11-08 |
Denied |
Response WaivedIFP |
4th-amendment evidence-admission exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-search independent-source-doctrine police-procedure search-warrant |
Does the independent source doctrine permit the admission of evidence found during an illegal search of a home if police later obtained a search warra… |
| 22-5813 |
Katherine Elizabeth Langhorst v. Texas |
Texas |
2022-10-12 |
Denied |
IFP |
4th-amendment constitutional-violation due-process evidence-suppression exclusionary-rule fruit-of-the-poisonous-tree illegal-search ineffective-assistance-of-counsel ineffective-counsel plea-bargaining search-and-seizure trial-procedure |
Was the evidence seized in this cause/case "Fruits of The Poisonous Tree"?
Was this conviction obtained by way of illegal search and seizure?
Did Tr… |
| 21-7603 |
Glen S. Evans v. Bill Stange, Warden |
Eighth Circuit |
2022-04-12 |
Denied |
IFP |
4th-amendment criminal-procedure fruit-of-poisonous-tree fruit-of-the-poisonous-tree ineffective-assistance-of-counsel insufficient-evidence motion-to-suppress prejudice reasonable-suspicion second-degree-murder sufficiency-of-evidence |
1. Where the trial court has erred and abused its discretion in
overruling defendant's motion to suppress his statements to
police, and in admitting … |
| 21-1062 |
Keith Robert Caldwell, Sr. v. Department of Transportation, et al. |
Eleventh Circuit |
2022-02-01 |
Denied |
Response WaivedRelisted (2) |
14th-amendment appellate-review civil-procedure dismissal-of-defendants due-process federal-rules-of-appellate-procedure federal-rules-of-civil-procedure fruit-of-the-poisonous-tree judicial-misconduct obstruction-of-justice safety-act |
1 Did the 11th Circuit Court of Appeals circumvent the appeals process by ignoring significant evidence which demonstrated that the district court tri… |
| 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 … |
| 20-6771 |
Oristel Soto-Peguero v. United States |
First Circuit |
2021-01-05 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure evidence-suppression exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree good-faith-exception illegal-search independent-source-doctrine search-and-seizure warrant-application |
Whether the court erred when it denied Petitioner's motion to suppress evidence discovered during an illegal search of Petitioner's residence on the b… |
| 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… |
| 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… |
| 19-8494 |
Michael Lustig v. United States |
Ninth Circuit |
2020-05-19 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-rights criminal-procedure evidence-suppression exclusionary-rule fourth-amendment fruit-of-poisonous-tree fruit-of-the-poisonous-tree illegal-search search-and-seizure standing |
Question not identified. |
| 19-7912 |
Ali Mehdipour v. Keith Sweeney, et al. |
Tenth Circuit |
2020-03-11 |
Denied |
Response WaivedIFP |
appeal appellate-jurisdiction civil-procedure court-filing dismissal erroneous-ruling fruit-of-the-poisonous-tree judicial-review legal-timeliness prejudice procedural-error review statute-of-limitations timeliness |
1. Does a fruit-of-a-poisonous-tree follow from an initial erroneous ruling on timeliness of filing the initial complaint follow through subsequent ru… |
| 19-5837 |
Terri McGuire Mollica v. United States |
Eleventh Circuit |
2019-09-05 |
Denied |
Response WaivedIFP |
detention-cell Evidentiary-Hearing Exclusionary-Rule Fourth-Amendment Fruit-of-the-Poisonous-Tree Fruits-of-Poisonous-Tree ineffective-assistance Ineffective-Assistance-of-Counsel Reasonable-Expectation-of-Privacy section-2255 unreasonable-search Unreasonable-Search-and-Seizure Warrantless-Search |
1. Was Petitioners guilty plea sustained in violation of the
Fourth Amendment, Unreasonable Search and Seizure,
where law enforcement conducted a wa… |
| 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… |
| 19-5050 |
John Asmodeo v. United States |
Second Circuit |
2019-07-02 |
Denied |
Response WaivedIFP |
4th-amendment attenuation-doctrine Attenuation-Factors circuit-split civil-rights due-process exclusionary-rule Finucan-Factors Flagrant-Misconduct fourth-amendment fruit-of-the-poisonous-tree illegal-search Intervening-Circumstances Purpose-of-Condon's-Interview suppression-hearing Temporal-Proximity |
Circuit Split
Despite virtually identical circumstances between this Second Circuit case and
that of Cordero-Rosario , a First Circuit case, the resu… |
| 18-9773 |
Arie Robert Redeker v. Dwight Neven, Warden, et al. |
Ninth Circuit |
2019-06-24 |
Denied |
Response WaivedIFP |
5th-amendment coercion coercive-detention coercive-tactics constitutional-rights custodial-interrogation fifth-amendment fruit-of-poisonous-tree fruit-of-the-poisonous-tree involuntary-confession law-enforcement-tactics self-incrimination |
WHETHER FRUIT OF THE POISONOUS TREE DOCTRINE APPLIES TO A CUSTODIAL INTERROGATION THAT HAS BEEN TAINTED BY:
1). LAW ENFORCEMENT FORCING THE INTERROGA… |
| 18-8779 |
Yamura D. Hudson v. United States |
Eleventh Circuit |
2019-04-10 |
Denied |
Response WaivedIFP |
4th-amendment constitutional-rights criminal-sentencing curtilage ex-post-facto exclusionary-rule fruit-of-the-poisonous-tree illegal-warrant jurisdiction-violation search-and-seizure standing warrant |
WHETHER THE 11TH CIRCUIT COURTS MUST SUPPRESS THE FRUITS OF
THE ADMITTED TO ILLEGAL SEARCH AND SEIZURE, WHICH OCCURED
OUTSIDE OF THEIR RESPECTIVE. -JU… |
| 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… |
| 18-6390 |
Valiant White v. Michigan |
Michigan |
2018-10-19 |
Denied |
IFP |
acquitted-conduct civil-rights constitutional-rights due-process fruit-of-the-poisonous-tree impeachment-of-jury-verdict independent-finding-of-guilt ineffective-counsel jury-acquitted-conduct jury-trial jury-trial-right reasonable-suspicion |
WHETHER, CONTRARY TO UNITED STATES SUPREME COURT PRECEDENTS, THE TRIAL COURT, MICHIGAN COURT OF APPEALS, MICHIGAN SUPREME COURT ARBITRARILY DENIED PET… |
| 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… |
| 18-5927 |
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… |
| 18-5389 |
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… |
| 18-58 |
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… |