No. 19-8401

Roderick Delon Lewis v. United States

Lower Court: Fourth Circuit
Docketed: 2020-05-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: collins-v-virginia curtilage fourth-amendment probable-cause reasonable-suspicion terry-stop terry-v-ohio warrant
Latest Conference: 2020-05-28
Question Presented (from Petition)

1- Whether an officer's intrusion into the front and back yards of the Petitioner's residence so obviously implicated the Fourth Amendment curtilage protections that the district and appellate courts erred in applying a reasonable suspicion, rather than probable cause, standard, particularly in light of this Court's recent opinion in Collins v. Virginia, 138 S. Ct. 1663 (2018), which reaffirmed this Court's long-line of jurisprudence about the Fourth Amendment; and,

2- Relatedly, whether the Fourth Circuit's holding that a Terry stop, resulting in seizure and search of Petitioner and his surroundings on his curtilage, when there was no probable cause, no officer safety concerns, and no exigent circumstances, was erroneous, particularly since the Lewis decision conflicts with at least three other circuits' holdings.

Question Presented (AI Summary)

Whether an officer's intrusion into the curtilage of a residence implicated Fourth-Amendment-protections, requiring probable-cause rather than reasonable-suspicion

Docket Entries

2020-06-01
Petition DENIED.
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-05-07
Waiver of right of respondent United States to respond filed.
2020-04-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 4, 2020)

Attorneys

Roderick Delon Lewis
Kimberly H. AlbroFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent