warrant-affidavit
10 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-5610 | Harold U. McGhee v. United States | Seventh Circuit | 2024-09-25 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure franks-motion gps-tracker sixth-amendment warrant-affidavit | 1. Whether the District Court committed Procedural and substantive error when it denied the Defendant's Franks Motion? 2. Whether the District Court … |
| 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 … |
| 23-1116 | Daniel Creger v. Andrew Tucker, et al. | Sixth Circuit | 2024-04-15 | Denied | Response Waived | 4th-amendment civil-rights fourth-amendment malicious-prosecution material-misrepresentation probable-cause section-1983 warrant-affidavit | 1) Whether, in the context of evaluating a 42 U.S.C. § 1983 Fourth Amendment malicious prosecution claim, state law citations showing that a rational … |
| 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… |
| 21-1466 | Lenard Johnson v. Richard Winfrey, Jr., et al. | Fifth Circuit | 2022-05-20 | Denied | 4th-amendment affidavit civil-rights damages-claim franks-v-delaware law-enforcement probable-cause qualified-immunity section-1983 warrant-affidavit | In Franks v. Delaware, 438 U.S. 154, 155-56 (1978), the Court identified a right of "limited scope" "that [applies], where [a criminal] defendant make… | |
| 21-7685 | Carlos Delgado, aka Los v. United States | Second Circuit | 2022-04-22 | Denied | Response WaivedIFP | confidential-informant fourth-amendment franks-hearing law-enforcement probable-cause reckless-disregard roviaro-v-united-states search-and-seizure warrant-affidavit | Did the DEA task force agent act with reckless disregard for the truth when omitting material information that militated against a finding of probable… |
| 21-5022 | Sheron Gabriel Terrell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-07-06 | Denied | IFP | due-process fourth-amendment franks-hearing franks-v-delaware ineffective-assistance ineffective-assistance-of-counsel probable-cause suppression-hearing warrant-affidavit | 1. Did Terrell make a substantial preliminary showing that the omissions made by Affiant from his warrant affidavit were recklessness by the proof of … |
| 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… |
| 19-308 | Blanca Arizmendi v. Patrick Gabbert | Fifth Circuit | 2019-09-06 | Denied | Response Waived | civil-rights constitutional-rights due-process false-representation fourth-amendment franks-v-delaware hicks-v-oklahoma law-enforcement qualified-immunity texas-code-of-criminal-procedure warrant-affidavit warrantless-arrest | 1. Was the following "clearly established law" at the time of the officer's arrest of Petitioner with a warrant: The officer made misleading and mater… |
| 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… |