Yesterday we mentioned the docketing of the cert petition in Weston v. United States, No. 09-287.  We’ve now obtained a copy, which is posted here.

Here are the Weston petition’s two QPs:

I

Whether the Court of Appeals for the Armed Forces erred in holding that Georgia v. Randolph, 547 U.S. 103 (2006), does not apply to the consent search of Petitioner’s marital home where agents from the Marine Corps’ Criminal Investigation Division (CID) first received Petitioner’s unequivocal objection to a search of his marital home and then obtained consent from Petitioner’s wife, both of whom were physically located in separate interrogation rooms aboard CID’s building after being escorted to the CID building from their marital home.

II

Whether the lower court erred in holding that Georgia v. Randolph, 547 U.S. 103 (2006), does not apply to the consent search of Petitioner’s marital home where agents from the Marine Corps’ Criminal Investigation Division (CID), after having received Petitioner’s unequivocal objection to a search of his marital home, seized Petitioner’s cellular telephone as he was mid-conversation with a criminal defense attorney, arrested Petitioner without probable cause, and held Petitioner incommunicado in a CID detention cell for two to three hours, until the search had concluded, thereby preventing Petitioner from communicating his objection to his wife and preventing Petitioner from entering his marital home and restating his objection.

One Response to “Weston cert petition”

  1. Cloudesley Shovell says:

    A nice effort by Major Belliss and LT Korn. The Weston case serves to highlight the reality that case law encourages and rewards law enforcement to seek and exploit the exceptions to the 4th Amendment warrant requirement.

    Perhaps the Court’s recent decision narrowing the scope of the automobile exception to the 4th Amendment foreshadows a trend to encourage law enforcement to seek a warrant in the first instance, rather than the last. Let’s hope so.

    Alas, I’m not holding my breath on Weston. Not sure if there is enough of a circuit split, or enough time for all the circuits to address the issue, for the Supreme Court to take a whack at the issues presented in this case.