Michael Elder v. United States

Whether the Second Circuit violated the party presentation principle articulated in United States v. Sineneng-Smith, 140 S. Ct. 1575 (2020) when, in affirming the district court’s decision denying a motion to suppress, it held that the exclusionary rule is inapplicable, even though the government waived the argument and neither party briefed or raised the issue at any stage.

Whether this Court’s exclusionary rule jurisprudence requires evidence to be suppressed when it is found during a suspicionless search of a federal supervisee’s home, and the officer conducting the search knew that at least reasonable suspicion was required but deliberately disregarded that requirement and conducted the search anyway.