law-enforcement-procedure

32 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6242 Willie Frank Gordon v. United States Eleventh Circuit 2025-11-25 Denied Response WaivedIFP fourth-amendment inventory-search investigative-search law-enforcement-procedure probable-cause vehicle-seizure 1. Sheriff's deputies suspected a driver had drugs, stopped him, and wanted to search his car to find them. Only when their attempt to establish proba…
25-5727 Aaron Smith v. Illinois Illinois 2025-09-25 Denied IFP arrest-warrant constitutional-violation due-process investigative-alert law-enforcement-procedure probable-cause Does the city of Chicago, Illinois violate the Constitution by using an investigative alert opposed to a proper warrant when there is no exigent circu…
24-851 Paul S. Osterman v. United States Seventh Circuit 2025-02-11 Denied Response Waived affidavit-challenge franks-challenge law-enforcement-procedure omissions probable-cause search-warrant 1. In the context of a Franks challenge, when evaluating whether an alleged omission was necessary to a finding of probable cause, may a court supplem…
23-826 Antony Junior Harris, aka Anthony Harris v. United States Eleventh Circuit 2024-01-31 Denied Response Waived alias-name alias-shipping contraband-detection fourth-amendment law-enforcement-procedure private-shipping-facility reasonable-expectation-of-privacy search-and-seizure standing I. Does an individual possess a reasonable expectation of privacy in a package shipped under an alias name, such that the individual has standing to a…
23-5477 James Thomas Butler, II v. United States Eleventh Circuit 2023-08-30 Denied Response WaivedIFP consent consent-search digital-evidence due-process forensic-extraction fourth-amendment law-enforcement-procedure search-and-seizure smartphone smartphone-privacy Under the Fourth Amendment, does consent to "take a look" at a suspect's smartphone outside of his residence at a table twenty feet away extend to a f…
23-5185 Yolanda Howard v. United States First Circuit 2023-07-25 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment investigative-detention law-enforcement-procedure probable-cause reasonable-suspicion rodriguez-v-united-states traffic-stop I. Did the Maine State Trooper's hunch that "there were a lot of drugs in this car" based solely on his initial encounter with Ms. Howard justify dela…
23-5112 Kashif M. Robertson v. Pennsylvania Pennsylvania 2023-07-17 Denied IFP fourth-amendment fourth-amendment-rights law-enforcement-procedure motor-vehicle-code probable-cause reasonable-suspicion seizure-duration traffic-stop unrelated-questioning 1. Whether the State Court's of Pennsylvania Committed Reversible Error by Lowering the Fourth Amendment Standard that Reviewing Court's Must Look at …
22-7741 Rudy Alvarez v. United States Ninth Circuit 2023-06-09 Denied Amici (1)IFP burden-of-proof criminal-procedure due-process evidence-admissibility fifth-amendment law-enforcement-procedure miranda-warning miranda-warnings police-interrogation self-incrimination supreme-court 1. When determining whether statements made after a midstream Miranda warning are admissible, do courts consider the warning's objective effectiveness…
22-6777 Fharis Denane Smith v. United States Sixth Circuit 2023-02-14 Denied IFP cell-phone circuit-split digital-privacy fourth-amendment good-faith law-enforcement-procedure probable-cause search-and-seizure search-warrant warrant-requirement To search a target's phone, does probable cause and good faith require a nexus between the target's phone and the crime demonstrated by case-specific …
22-6304 Lanny Marvin Bush v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-12-14 Denied IFP brady-violation constitutional-rights custody custody-interrogation due-process ineffective-assistance-of-counsel interrogation law-enforcement-procedure right-to-counsel 1. Was petitioner "IN Custody',* when (focus of investigation) (in presence of armed Officers)behind Locked doors)fnterragated for Hours)and Told"NOT"…
22-5781 Joseph Isaiah Woodson, Jr. v. United States Eleventh Circuit 2022-10-06 Denied Response WaivedIFP 5th-amendment civil-rights confession-voluntariness custody-determination due-process law-enforcement-procedure miranda miranda-rights race racial-discrimination voluntariness Whether a court can take a defendant's race into account to determine whether the defendant's custody, and thus his subsequent un-Mirandized confessio…
22-5749 Justin Jamal Warner v. South Carolina South Carolina 2022-10-04 Dismissed IFP criminal-defendant-rights criminal-procedure due-process eyewitness-identification in-camera-hearing law-enforcement-procedure out-of-court-identification police-misconduct reliability-standard surveillance-video unreliable-evidence video-identification Whether a criminal defendant is entitled to an in camera hearing pursuant to Neil v. Biggers, 408 U.S. 188 (1972) on the reliability of an out-of-cour…
21-7324 Caleb Guerrier v. United States Third Circuit 2022-03-09 Denied Response WaivedIFP exigent-circumstances fourth-amendment home-arrest law-enforcement-procedure protective-sweep reasonable-suspicion search-and-seizure warrant-exception warrant-requirement When arresting someone in a home, police may search immediately adjoining spaces from which they could be directly attacked. To search other areas, ho…
21-7090 Larry O'Neal v. United States First Circuit 2022-02-09 Denied Response WaivedIFP child-pornography constitutional-rights custodial-interrogation customs-and-border-patrol federal-agents in-custody-interrogation law-enforcement-procedure miranda-rights miranda-warning ruse Did the Appellate Court err in finding Larry O'Neal, an officer with Custom and Boarder Patrol, was not in in-custody, for Miranda purposes, he was di…
21-6939 Clarence Tramiel Beard v. United States Fifth Circuit 2022-01-24 Denied Response WaivedIFP detention fourth-amendment investigatory-detention law-enforcement-procedure mail mail-seizure package-transportation reasonable-suspicion transportation united-states-v-place 1. Whether the investigatory detention, and subsequent transportation to a new location, of an item seized from the mail intrudes on a possessory inte…
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…
21-5795 Ethan Guillen v. United States Tenth Circuit 2021-09-27 Denied Amici (1)IFP circuit-split confession-admissibility constitutional-rights criminal-procedure interrogation-procedure law-enforcement-procedure miranda-warnings officer-intent question-first-interrogation seibert-v-missouri In determining the admissibility of post-warning confessions given during question-first interrogations, should courts apply the Seibert plurality's o…
20-1745 Richard Sylvester v. United States First Circuit 2021-06-16 Denied 4th-amendment burden-of-proof community-caretaking fourth-amendment investigatory-motive law-enforcement-procedure police-policy probable-cause subjective-intent totality-of-circumstances vehicle-impound vehicle-impoundment 1. In order for a vehicle impound to be consonant with the Fourth Amendment, must a police officer comply with established impound policies and proced…
20-7704 Daghrib Shaheed, et al. v. Stephan Kroski, et al. Second Circuit 2021-04-09 Denied IFP 4th-amendment civil-entry-order civil-rights family-court fourth-amendment law-enforcement-procedure new-york-state probable-cause qualified-immunity search-warrant 1. Is a civil New York State Family Court Investigation Entry Order the equivalent of a search warrant, thereby authorizing the police to use force to…
20-6701 Benjamin Pedraza, III v. Ohio Ohio 2020-12-23 Denied Response WaivedIFP cell-phone-data constitutional-rights criminal-procedure eighth-amendment fifth-amendment fourteenth-amendment fourth-amendment law-enforcement-procedure privacy-expectation search-and-seizure warrantless-search Whether or not a third party, Appellant, has an expectation of privacy, in terms of cell-phone data that a police officer or detective obtains, howeve…
20-6400 Kenneth Lamont Sanders v. United States Eighth Circuit 2020-11-20 GVR Response RequestedResponse WaivedRelisted (4)IFP child-welfare civil-rights community-caretaker community-caretaker-exception domestic-intervention domestic-violence fourth-amendment law-enforcement-procedure warrantless-entry welfare-check Whether the community caretaker exception to the Fourth Amendment allowed law enforcement to make warrantless entry into the home of Mr. Sanders, his …
20-5923 Charles Don Flores v. Texas Texas 2020-10-06 Granted Amici (2)IFP constitutional-fairness death-penalty due-process eyewitness-identification fair-trial hypnosis investigative-hypnosis law-enforcement-procedure police-investigation In Rock v. Arkansas, 483 U.S. 44 (1987), this Court found that, although "hypnotically refreshed" testimony was "controversial," the dangers associate…
19-6766 Miles Barton Nichols v. United States Ninth Circuit 2019-11-27 Denied Response WaivedIFP fourth-amendment fourth-amendment-search-and-seizure franks-hearing franks-v-delaware informant-credibility law-enforcement-procedure material-omissions probable-cause recklessness search-warrant 1. Whether a finding of recklessness, entitling a defendant to a hearing pursuant to Franks v. Delaware, should be inferred where the omissions are cl…
19-21 Gregory Owens v. United States First Circuit 2019-07-03 Denied Response Waived 4th-amendment civil-rights constitutional-protection due-process fourth-amendment law-enforcement-procedure property property-rights search search-and-seizure standing warrant warrant-requirement Does the Fourth Amendment protect a person's property from a search without a warrant?
18-1542 Bobby Johnson v. North Carolina North Carolina 2019-06-14 Denied Response Waived admissibility admissibility-of-statements constitutional-rights custodial-interrogation due-process law-enforcement law-enforcement-procedure miranda-warnings self-incrimination timing timing-of-warnings 1. Whether an officer violates a defendant's constitutional privilege against self-incrimination or due process rights by (a) delivering Miranda warni…
18-1478 Ryan Lawrence Steck v. Maryland Maryland 2019-05-28 Denied Response Waived 4th-amendment drug-dog-search drug-sniffing-dog fourth-amendment law-enforcement-procedure police-investigation police-procedure probable-cause reasonable-suspicion search search-and-seizure vehicle-search When a drug-sniffing dog fails to alert as trained to but, according to its handler is behaving as if he is "in odor" of the presence of drugs, does t…
18-986 Sara Huckaby, et al. v. Frank Halley, as Next Friend of J. H., a Minor Child Tenth Circuit 2019-01-29 Denied Response Waived child-abuse child-welfare civil-rights due-process forensic-interview law-enforcement-procedure prosecutor-directives qualified-immunity search-and-seizure state-statute statutory-interpretation An Oklahoma social worker and two law enforcement officers investigating child abuse allegations contributed to the brief removal of a minor child fro…
18-7214 Waymon Scott McLaughlin v. United States Fifth Circuit 2019-01-03 Denied Response WaivedIFP arrestee-access arrestee-rights fourth-amendment law-enforcement-procedure probable-cause search-incident-to-arrest unreasonable-search vehicle-search warrant-requirement warrantless-search Whether the Fourth Amendment permits officers to search objects carried by an arrestee without a warrant even after they have eliminated any realistic…
18-6323 Ashley Kenneth Hunter v. North Dakota North Dakota 2018-10-16 Denied Response WaivedIFP burden-of-proof colorado-v-connelly constitutional-rights distortion due-process interrogation-recording law-enforcement-procedure lower-courts miranda-warnings supreme-court unequal-application There is currently no nationwide standard regarding recording requirements of Miranda and/or interrogations. The state level jurisdictions are split w…
18-339 June Harper v. Arthur Leahy, et al. Second Circuit 2018-09-14 Denied Amici (1) arrest-warrant civil-rights fourth-amendment home-entry law-enforcement-procedure payton-standard payton-v-new-york probable-cause reasonable-suspicion Does the Fourth Amendment require police officers to have probable cause to believe that a suspect is present in a home before forcing entry into that…
18-5667 Matthew Desmond Browne v. United States Ninth Circuit 2018-08-20 Denied Response WaivedIFP anonymous-tip civil-rights criminal-procedure fourth-amendment law-enforcement-procedure location-prediction probable-cause reasonable-suspicion vehicle-identification vehicle-search warrantless-seizure Is the Fourth Amendment violated when a warrantless seizure is carried out based on an anonymous tip that correctly identifies a vehicle and a driver'…
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…