No. 18-5509

Randy David Makell v. United States

Lower Court: Fourth Circuit
Docketed: 2018-08-08
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment curtilage drug-dog drug-dog-search florida-v-jardines fourth-amendment home-search jardines-standard katz-v-united-states reasonable-expectation-of-privacy search-and-seizure
Latest Conference: 2018-12-07
Question Presented (from Petition)

I. DOES THE USE OF A TRAI NED DRUG DOG TO SNIFF THE
DOORWAY OF A RESIDENCE VIOLATE THE RESIDENT'S
REASONABLE EXPECTATION OF PRIVACY UNDER KATZ V.
UNITED STATES , 389 U.S. 347 (1967)?

II. DOES THE DOORWAY OF AN APARTMENT LOCATED
WITHIN AN APARTMENT BUILDING CONSTITUTE THE
APARTMENT'S CURTILAGE SO THAT THE USE OF A TRAINED
DRUG DOG TO SMELL THE D OORWAY FOR THE ODOR OF
NARCOTICS CONSTITUTES A SEARCH UNDER FLORIDA V.
JARDINES , 133 S.Ct. 1409 (2013)?

Question Presented (AI Summary)

Does the use of a trained drug dog to sniff the doorway of a residence violate the resident's reasonable expectation of privacy?

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-09
Reply of petitioner Randy Makell filed.
2018-11-01
Brief of respondent United States in opposition filed.
2018-09-28
Motion to extend the time to file a response is granted and the time is further extended to and including November 1, 2018.
2018-09-27
Motion to extend the time to file a response from October 9, 2018 to November 1, 2018, submitted to The Clerk.
2018-08-29
Motion to extend the time to file a response is granted and the time is extended to and including October 9, 2018.
2018-08-28
Motion to extend the time to file a response from September 7, 2018 to October 9, 2018, submitted to The Clerk.
2018-08-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 7, 2018)

Attorneys

Randy Makell
Joanna SilverOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent