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Oregon v. Langston Amani Harris

Paid petition · Supreme Court of Oregon, No. SC S068481 · judgment April 28, 2022

Certiorari denied · December 5, 2022
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition filed soon after the judgment below, and counsel who has filed here before.

Questions presented

Title III of the Omnibus Crime Control and Safe Streets Act of 1968 authorizes the “principal prosecuting attorney” of a locality to apply for a wiretap order when allowed by state law to do so. 18 U.S.C. § 2516(2).

  1. Does 18 U.S.C. § 2516(2) prohibit the principal prosecuting attorney from delegating that authority to a deputy when state law allows the delegation?

  2. If a wiretap is later held invalid, does Title III require suppression of the evidence obtained even if law enforcement officers had an objectively reasonable, good-faith belief that their conduct was lawful?

Counsel of record

For petitioner
Benjamin Noah Gutman
Oregon Department of Justice

For respondent
Kevin Michael Sali
Kevin Sali LLC

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 05 2022
    Petition DENIED.
  2. Nov 18 2022
    Reply of petitioner Oregon filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  3. Nov 15 2022
    DISTRIBUTED for Conference of 12/2/2022.
  4. Nov 08 2022
    Brief of respondent Langston Amani Harris in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  5. Nov 08 2022
    Waiver of the 14-day waiting period for the distribution of the petition under 15.5 filed by petitioner.
    Main Document
  6. Oct 28 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including November 8, 2022.
  7. Oct 27 2022
    Motion to extend the time to file a response from November 7, 2022 to November 8, 2022, submitted to The Clerk.
    Main Document
  8. Sep 27 2022
    Motion to extend the time to file a response is granted and the time is extended to and including November 7, 2022.
  9. Sep 26 2022
    Motion to extend the time to file a response from October 6, 2022 to November 7, 2022, submitted to The Clerk.
    Main Document
  10. Sep 06 2022
    Response Requested. (Due October 6, 2022)
  11. Aug 31 2022
    DISTRIBUTED for Conference of 9/28/2022.
  12. Aug 16 2022
    Waiver of right of respondent Langston Amani Harris to respond filed.
    Main Document
  13. Jul 26 2022
    Petition for a writ of certiorari filed. (Response due August 29, 2022)
    PetitionCertificate of Word CountProof of Service