good-faith-exception

106 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
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…
25-5858 Robert Peck, Jr. v. United States Eighth Circuit 2025-10-10 Denied Response WaivedRelisted (6)IFP exclusionary-rule felon-in-possession fourth-amendment good-faith-exception marijuana-conviction second-amendment Does 18 U. S. C. §922(g)(l) violate the Second Amendment as applied to Petitioner, who was convicted of being a felon in possession of a firearm based…
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 …
24A933 Jamarr Smith, Thomas Iroko Ayodele, and Gilbert McThunel, II v. United States Fifth Circuit 2025-03-28 Presumed Complete exclusionary-rule fourth-amendment geofence-warrant good-faith-exception location-history-data particularity-requirement Question not identified.
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…
24-6412 Joey Lamont Brunson v. United States Fourth Circuit 2025-01-29 Denied Response WaivedIFP constitutional-law criminal-procedure exclusionary-rule fourth-amendment good-faith-exception wiretap-order WHETHER THE "GOOD FAITH EXCEPTION" TO THE FOURTH AMENDMENT EXCLUSIONARY RULE OF UNITED STATES VS. LEON, 468 U.S. 897 (1987), APPLIES TO TITLE III WIRE…
24-5890 Ushery Stewart v. United States Sixth Circuit 2024-11-01 Denied Response WaivedIFP circuit-split drug-dealer fourth-amendment good-faith-exception search-and-seizure warrant-requirement 1. Whether the Fourth Amendment permits the search of a person's residence based solely on that person's status as a known drug dealer. 2. Whether Le…
24-5870 Paul Curtis Pemberton v. United States Tenth Circuit 2024-10-31 Denied Response WaivedIFP evidence-collection exclusionary-rule fourth-amendment good-faith-exception law-enforcement warrantless-arrest Whether the good-faith exception to the exclusionary rule, articulated by this Court in United States v. Leon in the context of a law enforcement offi…
24-5702 James Robert Bailey v. United States Tenth Circuit 2024-10-04 Denied Response WaivedIFP constitutional-procedure district-court good-faith-exception legal-error void-ab-initio warrant-validity Whether the district erred by applying the good-faith exception to a warrant that was void ab initio?
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…
24-198 Michigan v. Floyd Russell Galloway, Jr. Michigan 2024-08-22 Denied Response RequestedRelisted (2) deterrence-doctrine evidence-suppression exclusionary-rule good-faith-exception police-misconduct prosecutorial-responsibility 1. Is exclusion of reliable, probative evidence of guilt warranted to deter a n outside officer's misconduct where there are other deterrents that do …
24-5335 Valentino Cabral Darosa v. United States Fourth Circuit 2024-08-16 Denied Response WaivedIFP circuit-split expert-testimony federal-rules-of-evidence fingerprint-evidence good-faith-exception search-warrant A WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT'S DECISION IN UNITED STATES V. DAROSA IS IN CONFLICT WITH THE DECISIONS OF OTHER U…
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?
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 …
23-1242 Taurean Jerome Weber v. United States Ninth Circuit 2024-05-24 Denied Response Waived digital-property digital-trespass exclusionary-rule fourth-amendment good-faith-exception government-intrusion search terms-of-service trespass warrantless-search 1. Did the Court of Appeals err when it determined Instagram's boilerplate Terms of Service delineated Petitioner's Fourth Amendment rights and held n…
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.
23-7416 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…
23-7321 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…
23-7121 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…
23-6990 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 …
23-6609 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.
23A676 Kevin McCall v. United States Eleventh Circuit 2024-01-22 Denied cloud-storage digital-privacy fourth-amendment good-faith-exception search-and-seizure warrant-requirement Question not identified.
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.
23-6193 Steven Vincent Smith v. United States Eleventh Circuit 2023-12-07 Denied Response WaivedRelisted (2)IFP brady-material criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception search-and-seizure suppression-of-evidence void-ab-initio warrant-validity warrantless-search Does the determination that a warrant is void ab initio, rendering the resultant search of the Petitioner's residence warrantless (and thus unreasonab…
23-6045 Perry Wayne Suggs, Jr. v. United States Tenth Circuit 2023-11-17 Denied Response WaivedIFP exclusionary-rule fourth-amendment general-warrant good-faith-exception home-search particularity-requirement search-and-seizure warrant-particularity When a warrant plainly violates the Fourth Amendment's particularity requirement by authorizing an unbridled, general search of a home, does the good-…
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…
23-5826 Mary Ann German v. South Carolina South Carolina 2023-10-17 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-law criminal-procedure davis-good-faith-exception exclusionary-rule fourth-amendment good-faith-exception judicial-precedent police-conduct retroactivity After a decision of this Court makes a state statute unconstitutional under the Fourth Amendment, do the police get a grace period after this Court's …
22-7781 Donell Jamar Hines v. United States Eighth Circuit 2023-06-14 Denied Response WaivedIFP 4th-amendment curtilage fourth-amendment good-faith-exception jardines-precedent k9-sniff search-and-seizure warrant-requirement warrantless-search 1. Whether the Leon good faith exception should allow admission of evidence obtained as a result of two unconstitutional searches, in violation of Jar…
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…
22-7097 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…
22-7098 Rashid Turner v. United States Eleventh Circuit 2023-03-24 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment bank-robbery-act cell-phone cell-phone-search double-jeopardy exclusionary-rule good-faith good-faith-exception hobbs-act search-and-seizure warrant warrant-requirement Whether good faith should apply when law enforcement agency has a policy, written or unwritten, where the officer who conducts a search of a cell phon…
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…
22-6430 Alex Bugno v. Ohio Ohio 2022-12-30 Denied IFP evidence-suppression exclusionary-rule fourteenth-amendment fourth-amendment good-faith-exception particularity search-warrant seizure (I) Are Search warrants that fail to include command sections authorizing the seizure of particular items facially and fatally defective, requiring su…
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…
22-5508 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…
22-85 Oregon v. Langston Amani Harris Oregon 2022-07-28 Denied Response RequestedResponse WaivedRelisted (2) delegation delegation-authority evidence-suppression good-faith good-faith-exception law-enforcement prosecuting-attorney statutory-interpretation suppression wiretap-order wiretapping 1. Does 18 U.S.C. § 2516(2) prohibit the principal prosecuting attorney from delegating that authority to a deputy when state law allows the delegatio…
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.
21-7431 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…
21-7004 Adam L. Ware v. United States Seventh Circuit 2022-01-28 Denied Response WaivedIFP affidavit-deficiency civil-procedure deterrence exclusionary-rule fourth-amendment good-faith-exception recurring-negligence standing systemic-negligence 1. Should certiorari be granted on a petitioner's claim that the deterrent purpose of the Fourth Amendment exclusionary rule does not perform its inte…
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…
21-6394 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…
21-6364 Kenneth R. Friend v. United States Eighth Circuit 2021-11-22 Denied Response WaivedRelisted (2)IFP 18-usc-2518 authorization-defect dahda-v-united-states deputy-assistant-attorney-general deputy-attorney-general fourth-amendment good-faith-exception warrant-requirement wiretap-statute Does the good faith exception to the warrant requirement established in United States v. Leon, 468 U.S. 897 (1984), apply to warrants issued in violat…
21-752 Rex Hammond v. United States Seventh Circuit 2021-11-19 Denied Amici (1) 4th-amendment carpenter-v-united-states cell-site-location-information exclusionary-rule fourth-amendment good-faith-exception real-time-tracking search warrant-requirement wireless-carrier 1. In Carpenter v. United States, 138 S. Ct. 2206 (2018), the Court held that the government's use of an individual's historical "cell site location i…
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…
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…
20-6990 Allyn Akeem Smith v. Arizona Arizona 2021-01-29 Denied IFP 4th-amendment Batson-challenge cell-site-location-information csli exclusionary-rule fourth-amendment good-faith-exception jury-selection search-and-seizure standing 1. Does the good faith exception to the exclusionary rule obviate an illegal seizure of CSLI? 2. Whether a state's proffer of nondiscriminatory reaso…
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…
20-6733 John Christopher Ferguson v. United States Fifth Circuit 2020-12-30 Denied Response WaivedIFP 4th-amendment affidavit exclusionary-rule fourth-amendment good-faith-exception jurisdiction jurisdictional-limits law-enforcement search-warrant warrant-affidavit 1. Whether the good faith exception to the exclusionary rule under the Fourth Amendment applies where law enforcement officials knew or should have kn…
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…
20-526 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?
20-5942 John Tran v. United States First Circuit 2020-10-07 Denied Response WaivedIFP criminal-procedure exclusionary-rule federal-criminal-procedure good-faith-exception judicial-jurisdiction jurisdiction procedural-error rule-41 search-and-seizure void-ab-initio warrant-validity 1. Whether the First Circuit erroneously applied the good faith exception to the exclusionary rule where the government violated Fed. R. Crim. P. 41 i…
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…
20-5749 Elijah Hart v. United States Eleventh Circuit 2020-09-17 Denied Response WaivedIFP constitutional-infirmity fourth-amendment good-faith-exception law-enforcement law-enforcement-disclosure magistrate-judge magistrate-review warrant warrant-application Whether the good-faith exception should apply when law enforcement officers technically disclose a crucial fact that would reveal a warrant's constitu…
20-5494 Ernest Ray Snow v. Indiana Indiana 2020-08-25 Denied Response WaivedIFP 4th-amendment appellate-review criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception search-warrant standard-of-review Does United State v. Leon, 468 U.S. 897 (1984), permit an appellate standard of review that requires an appellant to raise and rebut the applicability…
20-5431 Walter Ackerman v. United States Tenth Circuit 2020-08-21 Denied Response WaivedIFP appellate-procedure civil-procedure due-process fourth-amendment good-faith-exception law-of-the-case waiver warrantless-search I. Did the Tenth Circuit err under the law of the case doctrine when it permitted the government to raise in a second appeal a claim the government wa…
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…
20-5303 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…
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. …
19-1454 Naray Palaniappan v. United States Second Circuit 2020-07-02 Denied Response Waived computer-search fourth-amendment fourth-amendment-particularity-requirement good-faith-exception jurisdiction jurisdiction-limitation particularity-requirement search-warrant warrant-application warrant-incorporation 1. Where a warrant application requested authorization to search computers "wherever located" but the warrant itself (1) stated that the application w…
19-1423 George Vortman v. United States Ninth Circuit 2020-06-26 Denied Response Waived exclusionary-rule fourth-amendment good-faith-exception judicial-jurisdiction jurisdiction magistrate-judge search-and-seizure void-ab-initio warrant-validity Does the Leon good faith exception to the exclusionary rule apply when the police search and seize property pursuant to a warrant that is void ab init…
19-8654 Richard Senese, Jr. v. United States Eleventh Circuit 2020-06-10 Denied Response WaivedIFP article-iii article-three due-process equal-protection exclusionary-rule fourth-amendment good-faith-exception judicial-precedent panel-rule stare-decisis I. Rather than applying this Court's precedents, the Eleventh Circuit held that its "prior panel rule" precluded it from reaching appellant's argument…
19-1027 David Caswell v. United States Eleventh Circuit 2020-02-18 Denied Response Waived child-pornography computer-search federal-investigation fourth-amendment good-faith good-faith-exception jurisdiction magistrate-jurisdiction network-investigative-technique search-warrant I) Did the FBI act in good-faith when it indicated to a magistrate judge that property to be searched pursuant to a search warrant application was loc…
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…
19-7581 James Ryan Taylor and Steven Vincent Smith v. United States Eleventh Circuit 2020-02-06 Denied Response WaivedIFP exclusionary-rule fourth-amendment geographic-scope good-faith-exception misrepresentation search-warrant Does the good-faith exception to the exclusionary rule apply to evidence seized under an invalid warrant if agents knowingly misrepresented the fact t…
19-7173 Kenneth Rose v. United States Sixth Circuit 2020-01-06 Denied Response WaivedRelisted (2)IFP address-discrepancy affidavit criminal-procedure fourth-amendment good-faith-exception ineffective-assistance ineffective-assistance-of-counsel material-fact plain-error search-warrant suppression 1) Reasonable jurists would debate that appellate counsel was ineffective for failing to raise a plain error of fact material to Leon's third exceptio…
19-7053 Jason Dean Barnes v. United States Eleventh Circuit 2019-12-23 Denied Response WaivedIFP constitutional-disclosure constitutional-infirmity digital-technologies good-faith-exception law-enforcement magistrate-judge magistrate-review warrant warrant-infirmity Whether and in what circumstances the good-faith exception should apply in cases involving emerging digital technologies when law enforcement officers…
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…
19-6008 David W. Tippens v. United States Ninth Circuit 2019-09-19 Denied Response WaivedIFP civil-rights due-process exclusionary-rule good-faith-exception jurisdiction magistrate-judge magistrate-jurisdiction search-and-seizure void-ab-initio warrant warrant-validity Does the Leon good faith exception to the exclusionary rule apply when the police search and seize property pursuant to a warrant that is void ab init…
19-5909 Blake Clinton Talman v. Florida Florida 2019-09-11 Denied Response WaivedIFP blood-draw criminal-procedure due-process evidence fourth-amendment fourth-amendment-violation good-faith-exception ineffective-assistance warrantless-search Whether the "good faith" exception applies to a warrantless blood draw obtained in violation of the Fourth Amendment.
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 …
19-5676 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 …
19-5444 Andrew Blake Moorehead v. United States Sixth Circuit 2019-08-06 Denied Response WaivedIFP 4th-amendment criminal-procedure exclusionary-rule fourth-amendment good-faith-exception jurisdiction jurisdiction-limitation network-investigative-technique void-ab-initio warrant warrant-validity 1. When a warrant is void ab initio, does the Good-Faith exception to the exclusionary rule apply? 2. Does a Network Investigative Technique (NIT) wa…
19-5396 Vincent Anzalone v. United States First Circuit 2019-07-30 Denied Response WaivedIFP criminal-procedure exclusionary-rule federal-rule-of-criminal-procedure-41(b) federal-rules-of-criminal-procedure good-faith-exception government-policy judicial-authority jurisdiction procedural-violation warrant warrant-application 1. Whether the good faith exception to the exclusionary rule is categorically inapplicable to a warrant issued in violation of Federal Rule of Crimina…
19-5357 Daniel Eugene Cookson v. United States Tenth Circuit 2019-07-26 Denied Response WaivedIFP 4th-amendment civil-rights exclusionary-rule federal-magistrate federal-magistrates-act federal-rules-of-criminal-procedure fourth-amendment good-faith-exception magistrate-judge search-warrant territorial-jurisdiction When a warrant authorizes a search beyond the issuing judge's territorial jurisdiction, does the good-faith exception to the exclusionary rule apply t…
19-5339 James Kenneth Ganzer, Jr. v. United States Fifth Circuit 2019-07-25 Denied Response WaivedIFP authority exclusionary-rule fourth-amendment good-faith-exception magistrate-authority magistrate-judge search-warrant void-ab-initio Can the good faith exception to the Fourth Amendment's exclusionary rule apply to a search warrant that was void ab initio, and therefore without lega…
19-5283 Kyle Jason Korte v. United States Ninth Circuit 2019-07-23 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-interpretation criminal-procedure due-process fourth-amendment good-faith-exception illinois-v-krull improper-application judicial-precedent law-enforcement search-and-seizure statutory-interpretation valid-law 1. Does the "good faith exception" outlined in Illinois v. Krull 480 U.S. 340 (1987) extend to circumstances where the statute, rather than being "sub…
18-9631 Erickson Meko Campbell v. United States Eleventh Circuit 2019-06-11 Denied Response WaivedRelisted (2)IFP 4th-amendment exclusionary-rule fourth-amendment good-faith-exception reasonable-suspicion rodriguez-v-united-states seizure-doctrine traffic-stop united-states-v-griffin whether the exclusionary rule should apply when the only precedent the officer could rely on was not directly on point, explicitly rejected a bright-l…
18-9259 Akunna Baiyina Ejiofor v. United States Tenth Circuit 2019-05-14 Denied Response WaivedIFP affidavit criminal-procedure fourth-amendment good-faith-exception plain-language plain-meaning search-warrant search-warrant-affidavit standard-of-review suppression-motion tenth-circuit May a reviewing court uphold a search by reading a statement in a search-warrant affidavit contrary to its plain meaning, as the Tenth Circuit did in …
18-9037 Rolander Brown v. Nebraska Nebraska 2019-04-30 Denied Response WaivedIFP 4th-amendment appellate-review criminal-procedure due-process exclusionary-rule fourth-amendment good-faith-exception search-and-seizure stored-communications-act Whether the "good faith exception" to the exclusionary rule should apply to court orders obtained pursuant to the Federal Stored Communications Act W…
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…
18-8694 Bryan Gilbert Henderson v. United States Ninth Circuit 2019-04-04 Denied Response WaivedIFP exclusionary-rule fourth-amendment fourth-amendment-violation good-faith-exception law-enforcement search-warrant systemic-misconduct systemic-mistake united-states-v-leon Whether the good faith exception to the exclusionary rule of United States v. Leon, 468 U.S. 897 (1984) applies when law enforcement makes an obvious,…
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…
18-1248 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…
18-8518 John Moses Burton v. United States Fourth Circuit 2019-03-22 Denied Response WaivedIFP 4th-amendment civil-procedure civil-rights constitutional-protections due-process fourth-amendment good-faith good-faith-exception judicial-interpretation legal-precedent magistrate-qualifications search-and-seizure search-warrant standing QUESTION (1): When and how should the courts be bound to the presedent set by the high Court's opinion? QUESTION (2): Is it time to re-evaluate the l…
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…
18-8202 Walter Ronaldo Martinez Escobar v. United States Eighth Circuit 2019-02-28 Denied IFP circuit-split eighth-circuit exclusionary-rule fourth-amendment good-faith-exception leon-standard search-and-seizure supreme-court-precedent warrant-execution warrant-requirement warrantless-search I. Does the Eighth Circuit caselaw the Panel applied in Escobar's case holding that the United States v. Leon good-faith exception applies even when t…
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…
18-900 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…
18-7184 Antione Chambers, aka Sealed Defendant 1, aka Twizzie v. United States Second Circuit 2018-12-27 Denied Response WaivedIFP 4th-amendment carpenter-v-united-states cell-site-data civil-rights exclusionary-rule fourth-amendment good-faith-exception search-and-seizure stored-communications-act warrantless-search Whether the good faith exception to the Fourth Amendment exclusionary rule applies to an application by an Assistant United States Attorney, and not a…
18-7134 Lindsey Brooke Lowe v. Tennessee Tennessee 2018-12-20 Denied Response WaivedIFP bouie-v-city-of-columbia criminal-procedure due-process ex-post-facto exclusionary-rule good-faith-exception judicial-decision-making retroactive-application rogers-v-tennessee Whether the limitations on ex post facto judicial decision-making that this Court recognized in Bouie v. City of Columbia and Rogers v. Tennessee, and…
18-6905 Thomas Thadeus Szczerba v. United States Eighth Circuit 2018-12-03 Denied IFP affidavit-incorporation criminal-procedure exclusionary-rule fourth-amendment good-faith-exception incorporation-of-affidavit search-and-seizure warrant-incorporation warrant-particularity warrant-particularization I. Does the Leon "good -faith exception" to the exclusionary rule apply when a warrant fails to particularize the "things to be seized" and fails to c…
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 …
18-6431 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 …
18-6116 Anthony Allen Jean v. United States Eighth Circuit 2018-09-26 Denied Response WaivedIFP 4th-amendment computer-searches exclusionary-rule good-faith-exception law-enforcement search search-and-seizure standing united-states-v-leon void-ab-initio warrant warrant-validity I. Can the good-faith exception to the exclusionary rule announced by this Court in United States v. Leon, 468 U.S. 897 (1984), be applied in cases in…
18-5630 Hunter Vaughan Eure v. United States Fourth Circuit 2018-08-17 Denied Response WaivedIFP computer-privacy exclusionary-rule fourth-amendment good-faith-exception particularity-requirement remote-computer-searches remote-search search-and-seizure united-states-v-leon warrant-particularity Whether an FBI agent can reasonably rely on the validity of a single warrant that authorizes a million searches of 100,000 different computers without…
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 …
18-5536 Joseph P. Pacheco v. United States Tenth Circuit 2018-08-10 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-search cell-phones civil-rights exclusionary-rule fourth-amendment good-faith-exception riley-v-california search-warrant search-warrants The petition is an opportunity for this Court to clear up several issues related to search warrants on cell phones. The questions presented include: (…
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?
18-5508 Gerald Andrew Darby v. United States Fourth Circuit 2018-08-08 Denied Response WaivedIFP 4th-amendment anticipatory-warrant computer-privacy exclusionary-rule extraterritoriality fourth-amendment good-faith-exception particularity remote-search search-and-seizure warrant-particularity Whether an FBI agent can reasonably rely on the validity of a single warrant that authorizes a million searches of 100,000 different computers without…
18-5414 Keith William Deichert v. United States Fourth Circuit 2018-08-01 Denied Response WaivedIFP criminal-procedure exclusionary-rule fourth-amendment good-faith good-faith-exception jurisdiction objective-reasonableness rule-41 search-warrant void-ab-initio Does the good-faith exception to the exclusionary rule apply to a search warrant that is issued by a judge without jurisdiction, rendering the warrant…
18-5368 Gabriel Werdene v. United States Third Circuit 2018-07-26 Denied Response WaivedIFP computer-search criminal-procedure exclusionary-rule federal-rule-of-criminal-procedure-41(b) fourth-amendment good-faith good-faith-exception jurisdiction jurisdictional-defect law-enforcement-procedure search-warrant warrant warrant-validity I. Whether the good-faith exception to the exclusionary rule applies when a warrant is void from the outset due to the issuing authority's lack of jur…
18-5279 Jonathan Hayhoe v. United States Fourth Circuit 2018-07-19 Denied Response WaivedIFP criminal-procedure exclusionary-rule fourth-amendment good-faith-exception law-enforcement-conduct magistrate-powers qualified-immunity search-and-seizure suppression suppression-of-evidence void-ab-initio warrant-validity 1. Whether conduct by law enforcement in securing a void in initio warrant in violation of the Fourth Amendment was grossly negligent, thereby preclud…
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 …