| 23-5963 |
John Roberts v. Jason Hollar, Chief Executive Officer of Cardinal Health, et al. |
Ohio |
2023-11-06 |
Denied |
IFP |
bodily-integrity chips civil-rights consumer-protection due-process illegal-search illegal-seizure legal-claim manufacturing-defect privacy product-liability |
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order ir\cxnufac.'t(jr e… |
| 23-5251 |
Mark Edwin Guida v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-08-01 |
Denied |
IFP |
4th-amendment 5th-amendment cell-phone-evidence criminal-procedure exclusionary-rule fourth-amendment illegal-search probable-cause search-and-seizure suppression-of-evidence warrant-requirement |
I.
WAS EVIDENCE PRESENTED AT A TRIAL FOR MURDER SUBJECT TO THE
EXCLUSIONARY RULE, WHERE SAID EVIDENCE WAS THE RESULT OF AN
ILLEGAL SEARCH OF THE DEFEN… |
| 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… |
| 21-7677 |
Kyle Maurice Parks v. United States |
Eighth Circuit |
2022-04-21 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-violation criminal-conviction due-process fabricated-evidence fourth-amendment human-trafficking illegal-search probable-cause search-and-seizure warrant |
(1) Whether the district Court acted properly when it was denied
28 U.S.C. §2255 relief to the petitioner when evidence reveals
law enforcement misco… |
| 21-6294 |
Robert Michael Junkins v. United States |
Fourth Circuit |
2021-11-16 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure drug-evidence drug-sentencing illegal-search motion-to-suppress search-and-seizure sentencing sentencing-guidelines vehicle-search |
1. Whether the district court erred in denying Junkins' Defendant's Motion to Suppress Evidence for the evidence discovered in Mr. Junkins' vehicle af… |
| 21-6191 |
Julio Hernandez-Pacheco v. United States |
Eleventh Circuit |
2021-11-04 |
Denied |
IFP |
4th-amendment appellate-precedent circuit-split constitutional-violation davis-v-united-states exclusionary-rule hudson-v-michigan identity-evidence illegal-search search-and-seizure vehicle-stop |
The Eleventh Circuit has held that identity-related evidence is not suppressible in a criminal prosecution. However, this precedent relies heavily on—… |
| 21-5828 |
Brandon Aaron Thomas v. California |
California |
2021-09-30 |
Denied |
IFP |
apartment-search constitutional-rights criminal-procedure fourth-amendment gang-evidence illegal-search illegal-searches illegal-seizures motion-to-proceed-in-forma-pauperis seizure |
Question not identified. |
| 20-8127 |
Guillermo Martinez-Torres v. United States |
Tenth Circuit |
2021-05-25 |
Denied |
Response WaivedIFP |
4th-amendment admissibility-of-evidence burden-of-proof circuit-split evidence-suppression exclusionary-rule fourth-amendment illegal-search suppression-of-evidence |
Once a Fourth Amendment violation is established, does the defendant have the burden to prove the violation was the "but for" cause of the subsequent … |
| 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… |
| 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. |
| 19-1055 |
Dustin Moss v. United States |
First Circuit |
2020-02-25 |
Denied |
Response Waived |
4th-amendment civil-procedure criminal-procedure evidence-suppression fourth-amendment fourth-amendment-violation illegal-search package package-description particularity-requirement probable-cause search-warrant tracking-number |
Where a search warrant particularly described a package to be searched, was the search of a completely different package illegal where that package wa… |
| 19-768 |
Sherard Martin v. Davis Marinez, et al. |
Seventh Circuit |
2019-12-16 |
Denied |
Response Waived |
attorneys-fees civil-damages civil-rights constitutional-rights damages due-process economic-loss exclusionary-rule fourth-amendment illegal-search illegal-stop incarceration police-misconduct standing |
Whether a plaintiff whose fourth amendment rights have been violated may be automatically denied damages for subsequent incarceration, attorneys fees,… |
| 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… |
| 18-9694 |
Oliver Douce v. New York |
New York |
2019-06-17 |
Denied |
Response WaivedIFP |
1st-amendment 4th-amendment 5th-amendment civil-rights constitutional-rights false-arrest fifth-amendment fifth-amendment-self-incrimination first-amendment-free-speech fourth-amendment fourth-amendment-search-and-seizure illegal-arrest illegal-search jurisdiction probable-cause search-and-seizure standing |
1 whether fingerprints obtained from John Doe appellant should have been excluded from evidence from the product of false arrest, for no plates on out… |
| 18-8909 |
David Lee Gentles v. United States |
Eighth Circuit |
2019-04-22 |
Denied |
Response WaivedIFP |
18-usc-1385 constitutional-violation evidence-suppression exclusionary-rule illegal-search law-enforcement-limits posse-comitatus-act search-and-seizure statutory-interpretation suppression-of-evidence |
Should a clear violation of the Posse Comitatus Act (18 U.S.C.A. § 1385), serve as foundation for suppression of fruits of the resulting illegal searc… |
| 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 … |
| 18-5901 |
Willis Maxi v. United States |
Eleventh Circuit |
2018-09-05 |
Denied |
Response WaivedIFP |
4th-amendment attenuation-doctrine civil-rights due-process evidence-suppression exclusionary-rule exigent-circumstances fourth-amendment illegal-search knock-and-talk law-enforcement-entry motion-to-suppress probable-cause search-and-seizure |
I. Whether the district court erred in denying petitioner's motion to suppress evidence and statement?
II. Whether law enforcement may attenuate thei… |