No. 19-8715

Timothy Robert Treffinger v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-06-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: curtilage effective-assistance-of-counsel fourth-amendment knock-and-talk law-enforcement privacy-expectation reasonable-expectation-of-privacy search-and-seizure
Latest Conference: 2020-09-29
Question Presented (from Petition)

Question 1:
Do law enforcement officers have an implied license to cross
the clearly marked and defined curtilage of a home to conduct a
"knock and talk" where the homeowner has taken numerous steps to
ensure privacy and security, thus giving express orders to the
Or, in the public and for private citizens not to enter?
alternative, does such an action violate the owner/occupant 1s
reasonable expectation of privacy as guaranteed by the Fourth
Amendment?

Question 2:
Does counsel provide effective assistance, as guaranteed by
the Sixth Amendment, when he fails to investigate obvious avenues
of merit involving serious Fourth Amendment violations of seizure
and detainment within the curtilage of a home, flagrant police
coercion, and warrantless search-issues that would have led to a
different outcome at trial?

Question Presented (AI Summary)

Do law enforcement officers have an implied license to conduct a 'knock and talk' in the curtilage of a home?

Docket Entries

2020-10-05
Petition DENIED.
2020-06-25
DISTRIBUTED for Conference of 9/29/2020.
2020-06-17
Waiver of right of respondent United States to respond filed.
2020-06-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2020)

Attorneys

Timothy Robert Treffinger
Timothy Robert Treffiner — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent