Supreme Court of the United States · Official docket →
Aivaras Mardosas v. Florida
Paid petition · District Court of Appeal of Florida, First District, No. 1D17-2537 · judgment October 3, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether under the Fourth Amendment, the “fellow officer rule” (or the collective knowledge doctrine) can be utilized in justifying a search warrant where the probable cause relied on at time of issuance was flawed, i.e. bare bones, and did not contain facts or circumstances to support the affiant officer’s reliance on facts known by an unknown fellow officer. Whether under the Fourth Amendment, suppression of evidence would be proper when the basis, probable cause, for the search warrant relies on facts or circumstances known by fellow law enforcement but those facts or circumstances of knowledge are not provided to the magistrate by the affiant officer when applying for a search warrant for a private dwelling, and without the application of the “fellow officer rule” the probable cause is based on essentially a ‘bare bones’ affidavit. This Court has never directly addressed these issues.
Counsel of record
For petitioner
Miguel Antonio Coder
Coder Mardosas PLLC
For respondent
Trisha Meggs Pate
Office of the Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 25 2019Petition DENIED.
- Nov 06 2019DISTRIBUTED for Conference of 11/22/2019.
- Oct 29 2019Waiver of right of respondent State of Florida to respond filed.
- Jun 24 2019Petition for a writ of certiorari filed. (Response due November 20, 2019)