No. 21-7324
Caleb Guerrier v. United States
Tags: exigent-circumstances fourth-amendment home-arrest law-enforcement-procedure protective-sweep reasonable-suspicion search-and-seizure warrant-exception warrant-requirement
Latest Conference:
2022-04-01
Question Presented (from Petition)
When arresting someone in a home, police may search immediately adjoining spaces from which they could be directly attacked. To search other areas, however, police must have reasonable suspicion that: (a) another person is present; and (b) that person is dangerous. Police arrested Petitioner inside the first-floor doorway to his home. Without information of another dangerous person, was the search of the second floor within the "protective sweep" exception to the warrant requirement?
Question Presented (AI Summary)
Whether the search of the second floor of the petitioner's home was within the 'protective sweep' exception to the warrant requirement when the police did not have information of another dangerous person present
Docket Entries
2022-04-04
Petition DENIED.
2022-03-17
DISTRIBUTED for Conference of 4/1/2022.
2022-03-11
Waiver of right of respondent United States of America to respond filed.
2022-03-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2022)
Attorneys
Caleb Guerrier
Frederick William Ulrich — Federal Public Defenders Office, Petitioner
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent