No. 21-16

Robert Paul Magtulis Cledera v. United States, et al.

Lower Court: Fifth Circuit
Docketed: 2021-07-08
Status: Denied
Type: Paid
Response Waived
Tags: 4th-amendment bivens civil-rights constitutional-law due-process fourth-amendment law-enforcement reasonable-expectation-of-privacy redressability search-and-seizure standing
Key Terms:
ERISA FourthAmendment Immigration Privacy JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (from Petition)

In Carpenter v United States, No. 16-402, 585 U. S. _ (2018), this court held that the Government 's acquisition of Carpenters cell-site records was a Fourth Amendment search.

In Riley v. California, 573 U.S. 373 (2014), this court held that police generally may not, without a warrant search digital information on a cell phone Seized from an indi vidual who has been arrested.

In Katz v United States, 389 U.S. 347 (1967), this court held that The Fourth Amendment 's protection from unreasonable search and seizure extends to any area where a person expects has a. "reasonable expectation ofprivacy. "

In Florida v Jardines, 11 -564, 569 U.S. 1 (2013) this court held that the Governments use of a trained police dog to investigate the home and its immediate surroundings, is a search within the meaning of the Fourth Amendment.

In Marbury v. Madison , 5 U.S. (1 Cranch) 137 (1803), this court has stated that the Constitution must always take precedence in any conflict between it and a law passed by Congress.

What constitutes a Fourth Amendment violation? Does the absence of a crime or arrest void the violation of a civil right?

Does a Petitioner need to be charged with a crime and arrested for him to have Locus Standi when petitioner has satisfied the three requirements of Standing when he suffered direct injury when he lost his job and suffered emotional distress thru:actions qf respondents, and where this court has already addressed the issue of redressability in Bivens, 42 U.S.G. § 1983, and 42 U.S.C. § 1985.

Question Presented (AI Summary)

Does a Petitioner need to be charged with a crime and arrested for him to have Locus Standi

Docket Entries

2021-10-04
Petition DENIED.
2021-08-18
DISTRIBUTED for Conference of 9/27/2021.
2021-08-09
Waiver of right of respondent LG Electronics U.S.A., Inc. to respond filed.
2021-08-09
Waiver of right of respondents Federal respondents to respond filed.
2021-08-09
Waiver of right of respondents Brian Manley, Austin Police Department, Austin, Texas to respond filed.
2021-08-05
Waiver of right of respondent Cellco Partnership (incorrectly indentifies as Verizon Communications, Incorporated) to respond filed.
2021-08-05
Waiver of right of respondent Wal-Mart, Inc. to respond filed.
2021-08-05
Waiver of right of respondent Ryan Holt and Waco Police Department, Waco, Texas to respond filed.
2021-08-03
Waiver of right of respondents Dallas Area Rapid Transit and Gary Thomas to respond filed.
2021-08-03
Waiver of right of respondent ARLO TECHNOLOGIES, INC. to respond filed.
2021-08-03
Waiver of right of respondent RING (Amazon.com, Incorporated) to respond filed.
2021-08-02
Waiver of right of respondent HomePro Operating, LLC to respond filed.
2021-07-27
Waiver of right of respondent Ellis County Sheriff Charles Edge to respond filed.
2021-07-22
Waiver of right of respondent Apple Inc. to respond filed.
2021-07-20
Waiver of right of respondents Steve Dye, Grand Prairie Police Department, Robert Fite, Grand Prairie Fire Department, City of Grand Prairie, Tracy Aaron, Mansfield Police Department, City of Mansfield to respond filed.
2021-07-15
Waiver of right of respondent Ulysha Renee Hall and Dominique Artis to respond filed.
2021-07-02
Petition for a writ of certiorari filed. (Response due August 9, 2021)

Attorneys

Apple Inc.
William Gray CochranScott Douglass & McConnico, LLP, Respondent
ARLO TECHNOLOGIES, INC.
John Randall TylerPerkins Coie LLP, Respondent
Brian Manley, Austin Police Department, Austin, Texas
Meghan Lee RileyDivision Chief, Litigation City of Austin Law Dept, Respondent
Cellco Partnership (incorrectly indentifies as Verizon Communications, Incorporated)
Tab H. KeenerDowns & Stanford, Respondent
Dallas Area Rapid Transit and Gary Thomas
Harold R. McKeever Jr.Dallas Area Rapid Transit, Respondent
Ellis County Sheriff Charles Edge
David Randall MontgomeryD. Randall Montgomery & Associates, PLLC, Respondent
Federal respondents
Brian H. FletcherActing Solicitor General, Respondent
HomePro Operating, LLC
Elizabeth A LambersonThe Coles Firm PC, Respondent
LG Electronics U.S.A., Inc.
Jana Hicks TaylorSheehy, Ware & Pappas, P.C., Respondent
RING (Amazon.com, Incorporated)
Ryan SpearPerkins Coie LLP, Respondent
Robert Paul Magtulis Cledera
Robert Paul Magtulis Cledera — Petitioner
Ryan Holt and Waco Police Department, Waco, Texas
Roy L. BarrettNaman, Howell, Smith & Lee, Respondent
Steve Dye, Grand Prairie Police Department, Robert Fite, Grand Prairie Fire Department, City of Grand Prairie, Tracy Aaron, Mansfield Police Department, City of Mansfield
James T. Jeffrey Jr.Law Offices of Jim Jeffrey, Respondent
Ulysha Renee Hall and Dominique Artis
Devin Q AlexanderDallas City Attorney's Office, Respondent
Wal-Mart, Inc.
Michelle Elaine RobbersonSuite 100, Respondent