Petitions of the week
on Jun 7, 2019 at 1:35 pm
This week we highlight petitions pending before the Supreme Court that address the applicability of the appointments clause to the Financial Oversight and Management Board for Puerto Rico, and the information a suppression court may properly consider.
The petitions of the week are:
Issue: Whether the appointments clause governs the appointment of members of the Financial Oversight and Management Board for Puerto Rico.
Issue: Whether a suppression court may consider (1) only information contained within the four corners of the warrant application, as the U.S. Court of Appeals for the 9th Circuit and Colorado, Maryland and South Carolina hold; (2) only that information plus any other information presented to the issuing magistrate at the time of the warrant application, as the U.S. Courts of Appeals for the 5th, 6th, 7th and 10th Circuits hold; or (3) all information known by the officer at the time she applied for the warrant, even if she never disclosed it to the magistrate, as the U.S. Courts of Appeals for the 4th, 8th, and 11th Circuits and Arkansas, Kentucky, Louisiana, Nebraska and Virginia hold—and further, even if, as the U.S. Court of Appeals for the 4th Circuit holds, the officer failed to disclose the information as a result of a departmental policy.